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HomeMy WebLinkAbout93-049 . . I. RESOLUTION NO. 93-49 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MOHAVE, ARIZONA APPROVING THE PROCEEDINGS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF MOHAVE REGARDING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS, 1993 SERIES (CITIZENS UTILITIES COMPANY PROJECT) PURSUANT TO A PLAN OF FINANCING IN COMPLIANCE WITH SECTION 147 ( f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. WHEREAS, The Industrial Development Authority of the County of Mohave (the "Authority") proposes to issue pursuant to a plan of financing industrial development revenue bonds on behalf of Citizens Utilities Company, a Delaware corporation authorized to do business in Arizona, in one or more series in the aggregate principal amount of $22,960,000 to pay the cost of certain facilities for the [furnishing of electric energy and water and sewage facilities] located in Mohave County, Arizona; and WHEREAS, a resolution of the Authority authorizing the issuance and sale of i-ts Industrial Development Revenu.e Bonds, 1993 Series (Citizens Utilities Company Project)(the "Bonds") in the aggregate principal amount of $22,960,000 under and pursuant to Title 35, Chapter 5, Arizona Revised Statutes, as amended (the "Act"), has been made available to the Board of Supervisors of the County of Mohave, Arizona, and said resolution has been duly considered this date; and WHEREAS, said resolution authorizes, among other things, the issuance and sale of the Bonds, the execution and delivery of a Loan Agreement, the execution and delivery of an Indenture of Trust, the execution and delivery of a Tax Regulatory Agreement, the execution of a Bond Purchase Agreement and other related documents; and WHEREAS, the terms, maturity, provisions for redemption and for the determination of interest rates and interest payment dates, security and source of payment for the Bonds are set forth in Indenture of Trust and the Bond Purchase Agreement; and WHEREAS, copies of said documents have been made available to the Board of Supervisors of the Cou.nty of Mohave, Arizona, together with the aforementioned resolution of the Authority; and WHEJU~:.r\:s, t_he EI(-,aJ~(l u t :~~11.p8:cvis0rs has been i ntoJ::-mecl tha t sQid documents have been reviewed by competent Bond Counsel, and said Bond Counsel has determined that said documents adequately mee1: the reqlJiren1en1:s of '.1.'5_ tIe 35, Chal?ter 5, Arizona Rev iseel Statutes, as amended; and WHEREAS, December 7 , the Board of Supervisors passed 1992 in satisfaction of the a Resolution on pu.blic approval . . . requirement of Section 147 ( f) of the Internal Revenue CODE of 1986, as amended (the "CODE"), with respect to the Bonds; and WHEREAS, it is intended that this Resolution shall constitute approval by the Board of Supervisors of the issuance of the Bonds pursuant to Section 35-721(B) of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF MORAVE, ARIZONA, AS FOLLOWS: 1. That the Board of Supervisors hereby approves the proceedings under which the Bonds are to be issued by the Authority, including specifically the resolution described above, the Bonds, the Bond Purchase Agreement, the Loan Agreement, the Tax Regulatory Agreement, the Indenture of Trust and all other required or appropriate documents. 2. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed, to the extent of such conflict. 3. That immediately after its adoption this Resolution shall be signed by the Chairman and Clerk, shall be recorded in the book kept for that purpose and shall take immediate effect. PASSED, APPROVED AND ADOPTED by the Board of Supervisors of the County of Mohave, Arizona, this 16th day of February, 1993. MOHAVE COUNTY BOARD OF SUPERVISORS ~4:tf/L SAM STANDERFE , CHAIRMAN ATTEST: Board