Section 110-408; Res. 178-09; Authorizing the City of Columbia to offer at competitive public sale its $12,975,000* taxable Special Obligation Improvement Bonds (Build America Bonds / Direct Subsidy - Annual Appropriation Obligation) Series 2009A of the City of Columbia


Council Bill No. R 178-09


A RESOLUTION



authorizing the City of Columbia, Missouri to offer at competitive public sale its $12,975,000 *  taxable Special Obligation Improvement Bonds (Build America Bonds / Direct Subsidy –  Annual Appropriation Obligation) Series 2009A of the City of Columbia, and to take certain other preliminary actions in connection therewith.



BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:



    SECTION 1.  That the City of Columbia, Missouri (the “City”), shall offer at competitive public sale $12,975,000* principal amount of its Taxable Special Obligation Improvement Bonds –  (Build America Bonds / Direct Subsidy - Annual Appropriation Obligation), Series 2009A (the “Bonds”) and bids for the Bonds shall be received by the City, in such manner, at such time and on a sale date established by such Finance Director, upon the terms and conditions set forth in the hereinafter referenced Notice of Sale.



    SECTION 2.  That the Bonds shall be dated and shall be issued in denominations set forth in the Notice of Sale, and shall bear interest at a rate to be determined upon approval of the sale of the Bonds by the City Council.  The principal maturities of the Bonds shall be established by the Finance Director for inclusion in the Notice of Sale following consultation with Stifel, Nicolaus & Company, Incorporated and Columbia Capital Management, LLC, the financial advisors to the City (collectively, the “Financial Advisor”).  Principal and interest on the Bonds shall be payable as set forth in the Notice of Sale.



    SECTION 3.  That the Finance Director and other officers and representatives of the City are hereby authorized, in conjunction with the Financial Advisor to the City (collectively, the “Advisors”) to prepare a Notice of Sale and Preliminary Official Statement relating to the Bonds substantially in the form attached hereto as Exhibit A, to use such Notice of Sale and Preliminary Official Statement in connection with the sale of the Bonds, and to take such other actions as may be necessary or expedient to carry out the public sale of the Bonds.  The Preliminary Official Statement is hereby “deemed final” by the City for the purpose of Rule 15c2-12(b)(1) of the Securities and Exchange Commission, except for the omission of the information permitted to be omitted under such rule.



    SECTION 4.  That notice of said sale is hereby authorized and directed to be given by making available such Notice of Sale and Preliminary Official Statement by electronic distribution or by mailing to investment banking firms and banks and other financial institutions located throughout the United States. Information regarding the competitive sale may also be made available through the competitive offerings calendar published prior to the date of sale in The Bond Buyer, a newspaper frequently subscribed to by banks and investment banking firms published in New York, New York, on the Bloomberg Professional financial information system, or through other publications or electronic means as the Advisors shall deem appropriate.  The Notice of Sale may also be made available through the www.ColumbiaCapitalAuction.com electronic bidding system.



    SECTION 5. That the Financial Advisor and Advisors to the City are hereby authorized to apply to one or more securities rating agencies for a rating relating to the Bonds.



    SECTION 6. The City shall, and the officers, directors, agents and employees of the City are hereby authorized to, take such further action, and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution.



    SECTION 7.  That this Resolution shall be in full force and effect from and after its adoption by the City.


    ADOPTED this 3rd day of August, 2009.