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November 25, 2003 <br /> <br />Financial Impact: <br /> <br />· Debt service savings will accrue to the FY 2004 and FY 2005 general fund and utility <br />fund budgets. <br /> <br /> Motion by Mr. Whitehurst, and seconded by Mr. Benn, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTSMOUTH, <br />VIRGINIA WITH RESPECT TO THE ISSUANCE AND SALE OF GENERAL <br />OBLIGATION REFUNDING BONDS AND THE EXTENSION OF THE CITY'S <br />GENERAL OBLIGATION PARKING NOTE. <br /> <br /> WHEREAS, the City Council of the City of Portsmouth, Virginia (the "City") by <br />Resolutions adopted on August 12, 2003 and September 9, 2003 (the "Resolutions") <br />authorized the issuance of certain general obligation refunding bonds to refund certain <br />outstanding bonds and a general obligation parking note of the City as described in the <br />Resolutions (the "Refunding Bonds"). <br /> <br /> WHEREAS, the City Council proposes to authorize certain additional provisions <br />with respect to the Refunding Bonds. <br /> <br /> WHEREAS, the City Council has determined that it is advisable to authorize the <br />extension of its $7,500,000 General Obligation Parking Note, Series 2001 (the "Note"). <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />PORTSMOUTH, VIRGINIA: <br /> <br /> ]. Authorization of Amended Note. The City Council hereby determines that <br />it is best interests of the City to amend the Note and extend the maturity of the Note. <br />The amendment and extension of the maturity of the Note are hereby authorized and <br />such amendments shall be evidenced by an amendment to the Note (the <br />"Amendment"). The Amendment is hereby authorized, upon such terms as the Chief <br />Financial officer may approve, such approval to be evidenced conclusively by the <br />execution and delivery of the Amendment, provided that the interest rate shall not <br />exceed 3.5% and the Note shall mature not later than March 1, 2004. <br /> <br /> 2. Execution of Amendment. The City Manager is authorized and directed to <br />execute and deliver the Amendment and the Clerk is authorized to affix the seal of the <br />City thereto and to attest the same. The manner of execution and affixation of the seal <br />may be by facsimile, provided, however, that if all of the signatures are by facsimile, the <br />Amendment shall not be valid until signed at the foot thereof by the manual signature of <br />the Note Registrar. <br /> <br /> 3. Refundin.q Bonds. Notwithstanding any contrary provisions in the <br />Resolutions, the City Manager and the Chief Financial officer, or either of them, is <br />authorized and directed to select an underwriter or underwriters for the Refunding <br />Bonds. The City Manager and the Chief Financial Officer, or either of them, is <br />authorized and directed to execute and deliver a Bond Purchase Agreement with the <br />underwriters providing for the sale of the Refunding Bonds to the underwriters on the <br />terms set forth herein and in the Resolutions and such additional terms as may be set <br />forth in the Bond Purchase Agreement. The City Council has determined that it is in the <br />City's best interests to include the City's $34,640,000 General Obligation Public <br />Improvement and Refunding Bonds, Series 1997A and $4,200,000 General Obligation <br />Public Utility Refunding Bonds, Series 1997B (the "1997 Bonds") as part of the Prior <br />Bonds described in the Resolutions and the City Manager and the Chief Financial <br />Officer, or either of them, is authorized to provide for the refunding of the 1997 Bonds, if <br />either such officer determines it to be in the City's best interests, on the terms set forth <br />in the Resolutions. The principal amount of Refunding Bonds authorized to be issued <br />under the Resolutions is hereby increased to $104,000,000. <br /> <br /> <br />