HERCULES SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
RESOLUTION NO. _____
RESOLUTION OF THE SUCCESSOR AGENCY TO THE HERCULES REDEVELOPMENT AGENCY APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT TO DEEM IT FINAL UNDER RULE 15c2-12, APPROVING DISCLOSURE PROCEDURES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the Successor Agency to the Hercules Redevelopment Agency (the “Successor Agency”) has previously approved the issuance of tax allocation bonds (the “2022 Bonds”) by Resolution No. 22-003-SA (the “Successor Agency Resolution”), at its meeting on January 11, 2022; and WHEREAS, the Successor Agency wishes at this time to approve the Preliminary Official Statement for the 2022 Bonds to deem the Preliminary Official Statement final within the meaning of Rule 15c212 of the Security and Exchange Act of 1934 (“Rule 15c2-12”); and WHEREAS, the Contra Costa County Countywide Oversight Board has approved of the issuance of the 2022 Bonds by its Resolution No. 2022/35 at its meeting on January 24, 2022 (the “Oversight Board Resolution”); and WHEREAS, the Oversight Board Resolution has been submitted to the California Department of Finance for approval pursuant to Health and Safety Code Section 34179(h); and WHEREAS, initially capitalized terms used in this resolution without definition have the meanings set forth in the Successor Agency Resolution.
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE HERCULES REDEVELOPMENT AGENCY, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Approval of Preliminary Official Statement. The Preliminary Official Statement relating to the 2022 Bonds (the “Preliminary Official Statement”), in the form presented at this meeting and on file with the Secretary, is hereby approved. Each of the Authorized Officers, acting alone, is authorized to sign a certificate pursuant to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934, as amended, relating to the Preliminary Official Statement, and each of the Authorized Officers, acting alone, is further authorized and directed to execute, approve and deliver the final Official Statement in the form of the Preliminary Official Statement, and is further authorized to make such changes, insertions and omissions to the form of the Preliminary Official Statement and final Official Statement as may be recommended by the Successor Agency’s General Counsel or Stradling Yocca Carlson & Rauth, a Professional Corporation, Bond Counsel to the Successor Agency, and approved by the officer executing the same, said execution being conclusive evidence of such approval. Stifel Nicolaus & Company, Incorporated, serving as Underwriter, is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the 2022 Bonds and is directed to deliver copies of any final Official Statement to all actual purchasers of the 2022 Bonds.
Disclosure Procedures. The Successor Agency hereby approves the Disclosure Procedures presented at this meeting and adopts such Disclosure Procedures as applicable to the Successor Agency.
Miscellaneous. The Authorized Officers and all other officers of the Successor Agency are hereby authorized, jointly and severally, to execute and deliver any and all necessary documents and instruments and to take all actions which they deem necessary or proper to effectuate the purposes of this Resolution and the Successor Agency Resolution and the issuance of the 2022 Bonds. The Successor Agency Board hereby ratifies and confirms all previous actions taken by the Authorized Officers and their designees in furtherance of the Successor Agency Resolution and the issuance of the 2022 Bonds.
Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency declares that the Successor Agency would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Effective Date. This Resolution shall take effect immediately upon its adoption by the governing board of the Successor Agency, and the Secretary shall certify the vote adopting this resolution.
PASSED, APPROVED, AND ADOPTED on March 22, 2022.
Dion Bailey, Chair
ATTEST:
________________________________
Lori Martin
Secretary
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
CITY OF HERCULES )
I, LORI MARTIN, Secretary of the Successor Agency to the Hercules Redevelopment Agency, DO HEREBY CERTIFY that the foregoing Resolution No. _____ was duly passed and adopted by the Board of Directors of the Successor Agency to the Hercules Redevelopment Agency at a regular meeting held on the 22nd day of March, 2022 by the following roll call vote, to wit:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Hercules this _____day of _____, 20__. ____________________________________
LORI MARTIN, SECRETARY
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