HomeMy WebLinkAboutReso - CC - 055-2010RESOLUTION NO. 55-2010
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME APPROVING THE FORM OF AND AUTHORIZING
EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT AND
BOND PURCHASE AGREEMENT FOR THE BURLINGAME
FINANCING AUTHORITY STORM DRAINAGE REVENUE BONDS,
SERIES 2010, AND AUTHORIZING OTHER MATTERS RELATING
THERETO
WHEREAS, the City of Burlingame (the "City") and the Redevelopment Agency
of the City of Burlingame (the "Agency") have heretofore executed a Joint Exercise of Powers
Agreement, dated as of May 15, 1995 (the "Joint Powers Agreement"), by and between the City
and the Agency, which Joint Powers Agreement creates and establishes the Burlingame
Financing Authority (the "Authority"); and
WHEREAS, pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California (the "Marks -Roos Local Bond Pooling Act of
1985") and the Joint Powers Agreement, the Authority is authorized to issue bonds for financing
public capital improvements whenever there are significant public benefits to be realized; and
WHEREAS, under and pursuant to Resolution No. 22-2010 (the "Bond
Resolution") adopted by the City Council of the City on April 19, 2010, the City approved the
Authority's issuance of Burlingame Financing Authority Stoim Drainage Revenue Bonds, Series
2010 (the "Bonds") for the purpose of financing or refinancing improvements to the storm
drainage system of the City (the "Projects"); and
WHEREAS, pursuant to the Bond Resolution, a validation action was filed in
connection with the issuance of the Bonds, and the Superior Court of the County of San Mateo
entered a default judgment on June 29, 2010;
WHEREAS, the City now desires to approve the sale of the Bonds; and
WHEREAS, in connection with the sale of the Bonds, the City desires to approve
the form and authorize the distribution of a preliminary form of the Official Statement relating to
the Bonds and a final Official Statement relating to the Bonds; and
WHEREAS, the Authority and City will enter into a Purchase Agreement (the
"Purchase Agreement") for the Bonds with E. J. De La Rosa & Co., Inc. (the "Underwriter); and
WHEREAS, there have been submitted and are on file with the City Clerk
proposed forms of the Official Statement and Purchase Agreement relating to the Bonds;
NOW THEREFORE, the City Council of the City of Burlingame hereby finds,
determines, declares and resolves as follows:
Section 1. All of the recitals set forth above are true and correct, and the City
Council so finds and determines.
OHS West 260936946.4
Section 2. The proposed form of Official Statement relating to the Bonds (the
"Official Statement"), on file with the City Clerk, is hereby approved. The Underwriter is
hereby directed to distribute copies of the Official Statement to all actual purchasers of the
Bonds. Distribution by the Underwriter of a preliminary Official Statement relating to the Bonds
is hereby approved and the City Manager and Finance Director/Treasurer, jointly and severally,
or any such officer's designee, are hereby authorized and directed, to execute a certificate
confirming that the preliminary Official Statement has been "deemed final" by the City for
purposes of Securities and Exchange Commission Rule 15c2-12.
Section 3. The proposed form of Purchase Agreement, by and among the
Underwriter, the Authority and the City, on file with the City Clerk, is hereby approved. The
City Manager and the Finance Director/Treasurer, jointly and severally, or any such officer's
designee, are each hereby authorized and directed, for and in the name and on behalf of the City,
to execute and deliver a bond purchase contract in substantially said form, with such changes
therein as such officers may require or approve, such approval to be conclusively evidenced by
the execution and delivery thereof; provided, however, the underwriting discount (not including
original issue discount) shall not exceed two percent (2%) of the aggregate principal amount of
the Bonds.
Section 4. The City Manager and Finance Director/Treasurer, jointly and
severally, are hereby authorized on behalf of the City to execute a Continuing Disclosure
Certificate containing such covenants of the City as shall be necessary to comply with the
requirements of Securities and Exchange Commission Rule 15c2-12. The City hereby covenants
and agrees that it will comply with and carry out all of the provisions of such Continuing
Disclosure Certificate.
Section 5. All terms and provisions of the Bond Resolution shall remain in full
force and effect, and all authorizations, provisions and terns of the Bond Resolution shall apply
to this resolution with the same effect as if set forth herein. The officers and agents of the City
are, and each of them hereby is, authorized and directed to do any and all things and to execute
and deliver any and all documents which they or any of them deem necessary or advisable in
order to consummate the transactions contemplated by this resolution, and otherwise to carry out,
give effect to and comply with the terms and intent of this resolution, and all such actions
heretofore taken by such officers are hereby ratified, confirmed and approved.
OHS West 260936946.4 2
approval.
Section 6. This Resolution shall take effect from and after its adoption and
Cathy Baylock, Mayor
I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
Burlingame City Council held on the 19th day of July, 2010, by the following vote to wit:
AYES: Councilmembers BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
I " �J;A gt� -
Mary Ellen I eamey, City Clerk
OHS West260936946.4