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HomeMy WebLinkAbout1980 Resolution No. 012• • ,,. • RESOLUTION NO. 12 IA --- SERIES OF 1980 A RISOLDTION AD'l'BORIZING THE SUBSTITUTION OP GOVERNMBNT SICURITIIS BILD IN TBB PIRST NATIONAL BANK IN ENGLEWOOD, COLORADO, DIPOSITBD IN AN ESCROW ACCOUNT PURSUANT TO AN ESCROW AGRllMINT BITlflBN THI CITY OP DIGLIWOOD AND TBB BANK IN CODICTION WITH AN ADVANCED RBPURDIRG OP TRI CITY'S SIWBR RBYBNUB BONDS, SBRIBS 1975, DATID MARCH 1, 1975J AUTRORIIIMG TBB SUBSTITUTION OP UNITED STATES GOVERNMENT SECURITIBS IN SAID ISCROlf ACCOUNT AND PROVIDING OTHER DETAILS IN CONNECTION TBBRBWITB. WBBREAS, the City of Inglewood in the County of Arapahoe and State of Colorado, (•city•), is a political aubdiviaion of the State, a body corporate and politic, and a ho .. -rule City pursuant to Article XX of the State • Conatitutionr and • WBBRIAS, by Ordinance No. 8, Series 1976, adopted on February 17, 1976, the City authorized the issuance of ita Sewer Revenue Refunding Bonda, Series 1976, in the principal amount of $1,516,000 dated March 1, 1976, and WBBRBAS, the proceeds of said refunding bonds less certain auaa repreaenting expenses plus certain cash were used to purchase United .States government obligations which were listed in Schedules I and II of the Bscrow Agreement with The Pirat National Bank, Englewood, Colorado, (•Bank•) dated as of March 1, 1976, sufficient to pay the principal and interest on the bond• to be refundedJ and -1- .. J • • • WBBRBAS, because of market conditions the United ltatea Government securities now on hand in the Escrow Account aay be sold and other suitable higher interest-bearing United States Government securities substituted therefor thus allowing the City to realize substantial gain in interest earned by the substitute securities in the Escrow Accountr and WHEREAS, the present Federal Regulations and Rulings dated March 19, 1980, do not prohibit such a substitution; and WHEREAS, the City Council determines it necessary and adviseable to amend the escrow agreement dated as of March 1, 1976 by the substitution of the United States Government Securities listed in Exhibit A hereto attached and made a part hereof • NOW, THEREFORE, BE IT RESOLVED: Section 1. That Section 1 the escrow agreement dated March 1, 1976, between the City of Englewood, Arapahoe County, Colorado, and The Pirat National Bank, Englewood, Colorado, be and the same is hereby amended to permit the substitution 9f the United States Government Securities listed in Exhibit A attached hereto and made a part hereof for the securities listed in Schedules I and II of the Escrow Agreement. Such substitution may be made regardless of whether the securities are designated in the Escrow Agreement as being a part of the Portfolio A Account or the Portfolio B Account • -2- # . ' • • • • Section 2. That the Mayor, Clerk and Finance Director of the City are authorized to contract with the Bank for the substitution of the Securities and are further authorized to take all actions which will enable the City and the Bank to accomplish the purposes of this Resolution. Section 3. '!'hat in addition to the substituted u. s. Government Securities listed in Bxhibit A, such Exhibit shall also set forth a list of the o. s. Government Securities being replaced, a list of all the costs and expenses of the transaction and amounts allocated to the major and minor portions of the Bscrow Account, and also showing the net cash a110unt due the City. Section 4. That all costs and expenses of the transaction, including the fees of the financial advisor, are hereby found to be reasonable and proper, and the allocation thereof to the major and minor portions of the Bscrow Account are believed to be reasonable. Section s. That if any one or more section or part of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the re .. ining provisions of this Resolution, it being the intention that the various provisions hereof are severable. Section 6. All Resolutions or parts thereof in conflict with thia Resolution are hereby repealed • -3- • • # . ., • • ADOPTED AND APPROVED this 14th day of April, 1980. ~;(~ Mayor (8 I A L) ATTBST1 -~-~A'. ;J/~ Dlr~tor of P911'n~e lx-offj4lo City Clerk 1, Gary R. Higbee, Director of Finance/ex officio City Clerk-Treasurer, for the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, • and complete copy of Resolution Ro. 12, Series of 1980, passed on the 14th day of April, 1980 • • -4-