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HomeMy WebLinkAboutRESOLUTIONS - 08051986 - 86-480 CCj-22a A 9104s RESOLUTION NO. 86/480 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA CALIFORNIA RESOLUTION DETERMINING TO PROCEED WITH LEASE FINANCING OF EQUIPMENT, AUTHORIZING UNDERWRITER TO PREPARE AND DISTRIBUTE PRELIMINARY OFFICIAL STATMENT AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. WHEREAS, Contra Costa County Public Facilities Corporation, a California nonprofit public benefit corporation (herein called the "Corporation" ) , has been incorporated by a group of public spirited citizens of the County of Contra Costa (herein called the "County" ) for the specific and primary purpose of providing financial assistance to the County of Contra Costa by financing the acquisition, construction, improvement and remodeling of public buildings and facilities; and WHEREAS, by .its Articles of Incorporation and by its Bylaws no part of the net earnings, funds or assets of the Corporation shall inure to the benefit of any director thereof or any other person, firm or corporation, except the County; and WHEREAS, this Board of Supervisors hereby determines that it would be in the best interest of the County and the residents of the County for the Corporation and the County to enter into a lease of equipment, vehicles and other items of personal property (herein called the "Equipment" ) ; and WHEREAS, under this equipment lease, the County would be obligated to make base rental payments to the Corporation for the lease of the Equipment; and WHEREAS, it is proposed that all rights to receive such base rental payments (together with the additional rental payments provided for in the equipment lease) will be assigned without recourse by the Corporation to a trustee; and WHEREAS, it is further proposed that the trustee will execute and deliver certificates of .participation (herein called the "Certificates of Participation" ) in an amount equal to the aggregate principal components of such base rental payments, each evidencing and representing a fractional undivided interest in such base rental payments, 2 and will use the proceeds to finance the acquisition of the Equipment; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, as follows: Section 1 . All of the recitals herein contained are true and correct and this Board of Supervisors so finds. Section 2 . This Board of Supervisors hereby determines to proceed with a Certificates of Participation financing for the Equipment. Section 3 . Bank of America National Trust and Savings Association be and it is hereby selected to act as underwriter for the issuance of the Certificates of Participation, and said underwriter is further authorized and directed to prepareand distribute to prospective purchasers of the Certificates of Participation copies of a preliminary official statement describing the Certificates of Participation, such official statement to be in such form as is acceptable to the County Administrator. Section 4. Bank of America National Trust and Savings Association, Orrick, Herrington & Sutcliffe, as special counsel in connection with the issuance of the Certificates of Participation, and the appropriate County officials are -hereby authorized and directed to prepare the necessary legal documents to accomplish said financing. 3 Section 5 . This resolution shall take effect from and after its date of adoption. PASSED AND ADOPTED this 5t day of August, 1986. Chai/rman of the Board of Supervisors of the County of Contra Costa, State of California [ Seal ] ATTEST: Phil Batchelor, Clerk of The Board of Supervisors and County Administrator By - Deputy Clerk 4 CLERK' S CERTIFICATE I � Jeanne (). '?aglio Deputy Clerk of the Board of Supervisors of the County of Contra Costa, hereby certify that the foregoing is a Rall, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Supervisors of said County duly and regularly held at the regular meeting place thereof on the 5ti, day of August, 1986, of which meeting all of the members of said Board of Supervisors had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote: AYES: `'uni�:rviscrs Fa'r'e::, , McPea'- , �c',.r.c e?- , orlal-s^r. , Powers . NOES: .:Orin. ABSENT: .. on,c . I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. _ WITNESS my hand and the seal of the County of Contra Costa this 5t" day of Ault"t 1986. Deputy C rk of the Board of Supervisors of the County of Contra Costa, State o'f California [ Seal ] 2