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HomeMy WebLinkAboutRes 1998-42RESOLUTION NO.1998-42 RESOLUTION RATIFYING CERTAIN CHANGES TO RESOLUTION NO.1998-33 REQUESTED BY THE BOND INSURER OF THE TOWNS STREET AND HIGHWAY USER REVENUE REFUNDING BONDS,SERIES 1998;RATIFYING THE ISSUANCE AND SALE OF $1,075,000 PRINCIPAL AMOUNT OF SUCH BONDS;AND DECLARING AN EMERGENCY WHEREAS,the Mayor and Council of the Town of Fountain Hills,Arizona (the "Town")adopted Resolution No.1998-33(the "Resolution")onAugust6,1998,which authorized the issuance andsale of $1,075,000 in aggregate principal amount of Town of Fountain Hills Street and Highway User Revenue Refunding Bonds,Series 1998(the "Bonds");and WHEREAS,the insurer forthe Bonds,MBIA Insurance Corporation (the"Bond Insurer"),hasrequestedcertainminor changes to Resolution No.1998-33,suchchanges consisting of the following: 1.The Bond Insurer shall be given notice of any amendments tothe Resolution; 2.The Bond Insurer must consent tothe issuance of additional highway user revenue bonds;and 3.The Registrar and Paying Agent mustbea commercial bankwithtrust powers;and WHEREAS,the agenda itemfor Resolution No.1998-33 incorrectly understated theprincipalamountoftheBondsbytenthousanddollarsandtheMayorandCouncilnowdesire toratifytheissuanceandsaleofthefullprincipalamountoftheBonds; NOW,THEREFORE,BE IT RESOLyED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA: Section 1.ThechangestoResolutionNo.1998-33consistingoftheinclusion ofthe provisions requested bytheBondInsurerfortheBondsassetforthinthesecond Whereas paragraph ofthis Resolution is hereby ratified.The issuance andsaleof $1,075,000 aggregate principal amount ofthe Bonds pursuant tothe terms of Resolution No.1998-33 as amended by this Resolution ishereby authorized andratified. Section2.Theimmediateoperationoftheprovisionsofthis Resolution is necessary for the preservation ofthe public peace,health and safety and an emergency is declared to exist,andthisResolutionwillbeinfullforceandeffectfromandafteritspassageandapprovalby the Mayor and Council as required by law,and itis hereby exempt from the referendum provisions of the Constitution and laws of the State of Arizona. SWR:joy 273354.018/7/98 /PASSED,ADOPTEDAND APPROVED bythe Mayor and Council oftheTown Vs*/ofFountainHills,Arizona,onAugust17,1998. ATTEST: Clerk j^JJswl^J APPROVED AS TO FORM: GUST ROSENFELD PLC. 1 Bond Counsel ° CERTIFICATION f I,Cassie Hansen,thedulyappointedandactingTownClerkoftheTownof Fountain ^^Hills,Arizona,do hereby certify that the above and foregoing Resolution No.1998-42 was duly passed bytheTown Council oftheTownof Fountain Hills,Arizona,ata regular meeting held on August 17,1998,and the vote was u>aye's and _D_nay's and that the Mayor and 3"~Council Members were present thereat. Laaa^Jq hL^L^J Cassie Hansen,Town Clerk SWRjoy 273354.01 8/7/98 -2-