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HomeMy WebLinkAboutCC RES 23-60Resolution 23-60 Page 1 of 3 RESOLUTION NO. 23-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE PROPOSED ISSUANCE OF A PRIVATE PLACEMENT FINANCING TO FUND CERTAIN CAPITAL IMPROVEMENT PROJECTS OF THE TUSTIN WATER ENTERPRISE, CONFIRMING THE APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City proposes to issue a private placement financing (the “Financing”) to finance certain Tustin Water Enterprise capital improvement projects; and WHEREAS, it is appropriate that the City Council formally authorize commencement of proceedings, to appoint a municipal advisor, a bond counsel, and a placement agent, and to approve certain preliminary actions in connection with the authorization, and issuance of the Financing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City Council authorizes appropriate officers and officials of the City to proceed with the preparation of the necessary documents in connection with the issuance of the Financing, subject to the final approval thereof by the City Council at a subsequent meeting. SECTION 2. The City Council hereby confirms the appointment of Fieldman, Rolapp & Associates, Inc. as municipal advisor to the City in connection with the authorization, and issuance of the Financing. SECTION 3. The City Council hereby confirms the appointment of Quint & Thimmig LLP as bond counsel in connection with the authorization, and issuance of the Financing. SECTION 4. The City Council hereby confirms the appointment of Stifel, Nicolaus & Company, Incorporated as placement agent in connection with the authorization, and issuance of the Financing. SECTION 5. All actions of the officers, agents, and employees of the City that are in conformity with the purposes and intent of this Resolution, whether taken before or after the adoption hereof, are hereby ratified, confirmed, and adopted. SECTION 6. The Mayor, the Acting City Manager, the Finance Director, and other appropriate officers and officials of the City are hereby authorized and directed to take DocuSign Envelope ID: A7218116-F1EA-4633-AB45-7BD3B0EA46EDDocuSign Envelope ID: B22061A9-C86F-4C1F-80E6-F56537BA5DBE __________________ Resolution 23-60 Page 2 of 3 such action and to execute such documents as may be necessary or desirable to effectuate the intent of this resolution. SECTION 7. This Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council held on the 5th day of December 2023. _________________________________ AUSTIN LUMBARD, Mayor ATTEST: _______________________________ ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: ________________________________ DAVID E. KENDIG, City Attorney DocuSign Envelope ID: A7218116-F1EA-4633-AB45-7BD3B0EA46EDDocuSign Envelope ID: B22061A9-C86F-4C1F-80E6-F56537BA5DBE Resolution 23-60 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 23-60 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5th day of December, 2023 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ____________________________ ERICA N. YASUDA, City Clerk DocuSign Envelope ID: A7218116-F1EA-4633-AB45-7BD3B0EA46ED Lumbard, Clark, Gallagher, Gomez, Schnell (5) (0) (0) (0) (0) DocuSign Envelope ID: B22061A9-C86F-4C1F-80E6-F56537BA5DBE