Res 2597 Sale and Issuance of General Obligation Bonds, Series 2025, for the Tolleson Aquatic Center - $21,000,000 03 25 25
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RESOLUTION NO. 2597
RESOLUTION OF THE MAYOR AND COUNCIL OF CITY OF TOLLESON, ARIZONA,
(1) PROVIDING FOR THE SALE AND ISSUANCE OF CITY OF TOLLESON, ARIZONA
GENERAL OBLIGATION BONDS, SERIES 2025 AND FOR THE ANNUAL LEVY OF A
TAX FOR THE PAYMENT OF THE BONDS; (2) APPROVING THE FORM AND
AUTHORIZING THE EXECUTION AND DELIVERY OF NECESSARY AGREEMENTS,
INSTRUMENTS AND DOCUMENTS RELATED TO THE SALE AND ISSUANCE OF THE
BONDS; (3) DELEGATING AUTHORITY TO THE MAYOR, THE MANAGER AND THE
CHIEF FINANCIAL OFFICER OF THE CITY OR THEIR DESIGNEES TO DETERMINE
CERTAIN MATTERS AND TERMS WITH RESPECT TO THE FOREGOING; AND (4)
AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO
CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION AND
RATIFYING ALL ACTIONS TAKEN TO FURTHER THIS RESOLUTION.
WHEREAS, at a special bond election held in and for the City of Tolleson, Arizona (the
“City”), on November 3, 2020 (the “Election”), there was submitted to the qualified electors
thereof, among others, the following question:
PROPOSITION 435
PURPOSE: PARKS AND RECREATION
Shall the City of Tolleson, Arizona (the “City”), be authorized to incur indebtedness in the total
principal amount of not to exceed $21,000,000 by the issuance and sale of bonds of the City for
the purpose of providing funds for parks and recreation projects, including the costs to design,
engineer, acquire, improve, construct, reconstruct, equip, furnish, and expand an aquatic center,
and other City parks, including, but not limited to, land for a future parks, fields, courts,
playgrounds, parking, walking paths, landscaping, ramadas, restrooms and all necessary and
related facilities and equipment, and any and all appurtenances related thereto or land therefor
by purchase or any other method of acquisition, and to pay all costs incidental to any of the
foregoing and to the sale and issuance of such bonds or any series thereof, to be issued as general
obligation bonds of the City, payable from secondary (ad valorem) property taxes levied upon all
of the taxable property in the City, to mature not more than 25 years from their date and to bear
interest at a rate of not to exceed 8% per annum?
The issuance of these bonds will result in a property tax increase sufficient to pay the
annual debt service on the bonds.
A “YES” vote shall authorize the governing body of the City to issue and sell
$21,000,000 of general obligation bonds of the City to be repaid with secondary property taxes.
A “NO” vote shall not authorize the governing body of the City to issue and sell
such bonds of the City.
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BOND APPROVAL, YES
BOND APPROVAL, NO
; and
WHEREAS, the returns of the Election were duly canvassed by the Mayor and Council of
the City (the “Council”) and a certificate disclosing the purpose of the Election, the total number
of votes cast thereat, the total number of votes for and against the issuance of the bonds, and
stating that the creation of the indebtedness by the issuance of the bonds in accordance with the
question approved by the qualified electors of the City was ordered has been filed and recorded
in the office of the County Recorder of Maricopa County, Arizona; and
WHEREAS, a majority of the qualified electors of the City, voting at the Election voted
“Bond Approval, Yes,” in answer to such question submitted; and
WHEREAS, the Council has determined to sell and issue all or a portion of the authorized
amount of such bonds (the “Bonds”) as general obligation bonds for the purposes granted at the
Election; and
WHEREAS, the Council has received a proposal from Stifel Nicolaus & Company, Inc.
(“Stifel”), serving in the capacity of and designated as the underwriter (the “Underwriter”), and
not acting as a municipal advisor as defined in the Registration of Municipal Advisors Rule of the
Securities and Exchange Commission, and has determined that the Bonds should be sold through
negotiation to the Underwriter on such terms as may hereafter be approved by the Authorized
Representatives (as defined herein); and
WHEREAS, all things required to be done preliminary to the authorization, sale and
issuance of the Bonds have been duly done and performed in the manner required by law, and
the Council is now empowered to proceed with the sale and issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
TOLLESON, ARIZONA, as follows:
Section 1. Authorization and Terms.
(a)
(1)
The Bonds, to provide funds for the purposes set forth in the above-
mentioned form of ballot question submitted to the qualified electors of the City at the Election,
are hereby authorized to be sold and issued as a series of bonds of the City to be designated “City
of Tolleson, Arizona General Obligation Bonds, Series 2025” in accordance with this Resolution
and applicable law.
(2)
The Bonds will constitute a series of bonds of a total authorized amount of
not to exceed $21,000,000 principal amount of bonds of the City approved by the qualified elec-
tors of the City at the Election and are authorized by the provisions of Title 35, Chapter 3, Article
3, Arizona Revised Statutes.
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(3)
The proceeds from the sale of the Bonds shall be credited against the total
principal amount of bonds and the specific amount of bonds so authorized by the qualified
electors of the City at the Election and for the purpose and project as set forth in the question on
the official form of ballot and the proceeds of the Bonds shall be applied to the purpose and
project as determined by the Authorized Representatives on behalf of the City.
(b)
The Manager, the Chief Financial Officer of the City or the designees of either of
them (collectively, the “Authorized Representatives”) are hereby authorized and directed to
determine on behalf of the City: (1) the dated date and total principal amount of the Bonds (but
not to exceed $21,000,000 in aggregate principal amount); (2) the final principal and maturity of
the Bonds (but none of the Bonds to mature later than July 1, 2045); (3) the interest rates with
respect to the Bonds and the dates for payment of such interest (the “interest payment dates”);
(4) the provisions for redemption in advance of maturity of the Bonds; (5) the sales date, sales
price and other sales terms of the Bonds (including underwriter’s compensation, original issue
discount and original issue premium); and (7) the provision for credit enhancement, if any, for
the Bonds; provided, however, that such determinations must result in a yield for federal income
tax purposes with respect to the Bonds of not to exceed five percent (5%) per annum.
(c)
(1)
The Bonds shall be dated the date of their initial authentication and
delivery and issued in the denomination of $5,000 of principal amount each or integral multiples
thereof and only in fully registered form.
(2)
The principal of and premium, if any, on the Bonds shall be payable at
maturity or prior redemption upon presentation and surrender thereof at the designated
corporate trust office of the Bond Registrar and Paying Agent (as defined herein).
(3)
The Bonds shall bear interest at their respective rates from their date to
the maturity or prior redemption of each Bond, payable commencing on the first interest
payment date. Interest on the Bonds shall be payable by check, dated as of the interest payment
date, mailed to the registered owners thereof and at the addresses appearing on the registration
books maintained by the Bond Registrar and Paying Agent at the close of business on the fifteenth
(15th) day of the month next preceding that interest payment date (the “regular record date”).
Any such interest on a Bond which is not timely paid or duly provided for shall cease to be payable
to the registered owner thereof (or of one or more predecessor Bonds) as of the regular record
date, and shall be payable to the registered owner thereof (or of one or more predecessor Bonds)
at the close of business on a special record date for the payment of that overdue interest. The
special record date shall be fixed by the Bond Registrar and Paying Agent whenever moneys
become available for payment of the overdue interest, and notice of the special record date shall
be given to the registered owners of Bonds not less than ten (10) days prior thereto.
(4)
The principal of and premium, if any, and interest on the Bonds shall be
payable in lawful money of the United States of America. Notwithstanding anything to the
contrary herein and as may be set forth in the definitive form of the Bonds, the principal of and
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premium, if any, and interest on the Bonds may be paid by wire transfer in immediately available
funds if satisfactory arrangements are made.
Section 2. Prior Redemption of the Bonds.
(a)
Notice of redemption of any Bond shall be mailed by first class mail, postage
prepaid, not more than sixty (60) nor less than thirty (30) days prior to the date set for
redemption to the registered owner of the Bond or Bonds being redeemed at the address shown
on the registration books for the Bonds maintained by the Bond Registrar and Paying Agent.
Failure to properly give such notice of redemption shall not affect the redemption of any Bond
for which notice was properly given. Such notice may provide that the redemption is conditional
upon moneys for payment of the redemption price being held in separate accounts by the Bond
Registrar and Paying Agent.
(b)
On the date designated for redemption by notice given as herein provided, the
Bonds or portions thereof to be redeemed shall become and be due and payable at the
redemption price for such Bonds or such portions thereof on such date, and, if moneys for
payment of the redemption price are held in separate accounts by the Bond Registrar and Paying
Agent, interest on such Bonds or such portions thereof shall cease to accrue, such Bonds or such
portions thereof shall cease to be entitled to any benefit or security hereunder, the registered
owners of such Bonds or such portions thereof shall have no rights in respect thereof except to
receive payment of the redemption price thereof and accrued interest thereon and such Bonds
or such portions thereof shall be deemed paid and no longer outstanding.
(c)
The City may redeem any amount which is included in a Bond in the denomination
in excess of, but divisible by, $5,000. In that event, the registered owner shall submit the Bond
for partial redemption and the Bond Registrar and Paying Agent shall make such partial payment
and shall cause to be issued a new Bond in a principal amount which reflects the redemption so
made, to be authenticated and delivered to the registered owner thereof.
Section 3. Security; Defeasance.
(a)
After the Bonds are issued, the Council shall enter on its minutes a record of the
Bonds sold and their numbers and dates. For the purpose of paying the principal of, interest on
and costs of administration of the registration and payment of the Bonds, there shall be levied
on all the taxable property in the City a continuing, direct, annual, ad valorem tax sufficient to
pay all such principal, interest and administration costs of and on the Bonds as the same become
due, such taxes to be levied, assessed and collected at the same time and in the same manner as
other taxes of the City are levied, assessed and collected. The tax shall be extended and collected
for the City, and the officials of the City and Maricopa County, Arizona, charged with the annual
extension and collection of taxes, without further instructions from the Council, shall extend and
collect the tax upon issuance of the Bonds. All moneys collected through such tax shall be paid
into the treasury of the City, to the credit of a “Debt Service Fund” of the City for the Bonds, from
which fund the Bonds shall be payable, which tax moneys shall be held in subfunds to be known
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as the “Interest Fund” and the “Redemption Fund,” which funds shall be kept separate and apart
from and not commingled with any other funds or moneys and which shall be used solely for,
respectively, payment of interest on and principal of, and premium, if any, on the Bonds.
(b)
Any Bond or portion thereof in authorized denominations shall be deemed paid
and defeased and thereafter shall have no claim on ad valorem taxes levied on taxable property
in the City (i) if there is deposited with a bank or comparable financial institution, in trust, moneys
or obligations issued by or guaranteed by the United States government (“Defeasance
Obligations”) or both which, with the maturing principal of and interest on such Defeasance
Obligations, if any, will be sufficient, as evidenced by a certificate or report of an accountant, to
pay the principal of and interest and any premium on such Bond or portion thereof as the same
matures, comes due or becomes payable upon prior redemption, and (ii) if such defeased Bond
or portion thereof is to be redeemed, notice of such redemption has been given in accordance
with provisions hereof or the City has submitted to the Bond Registrar and Paying Agent
instructions expressed to be irrevocable as to the date upon which such Bond or portion thereof
is to be redeemed and as to the giving of notice of such redemption. If the maturing principal of
the Defeasance Obligations or other moneys, or both, is sufficient to pay the principal of,
premium, if any, and interest on such Bond or portion thereof as the same matures, comes due
or becomes payable upon prior redemption, a certificate or report of an accountant shall not be
required. Bonds the payment of which has been provided for in accordance with this Section
shall no longer be deemed payable or outstanding hereunder and thereafter such Bonds shall be
entitled to payment only from the moneys or Defeasance Obligations deposited to provide for
the payment of such Bonds.
Section 4. Use of Proceeds. Proceeds of the sale of the Bonds shall be deposited in the
treasury of the City to the credit of the “Aquatic Center Construction Fund” in the amount
determined as provided in Section 1(a)(3) hereof, to be used solely for the purposes specified in
the aforementioned ballot question submitted to the qualified electors of the City at the Election;
provided, however, that (i) such proceeds may be invested in the manner and under the
circumstances allowed by law, and (ii) any moneys remaining after such purposes shall have been
accomplished shall be transferred to the applicable “Interest Fund” and “Redemption Fund” for
the Bonds in the same fashion as taxes.
Section 5. Form of Bonds.
(a)
The Bonds (including the form of certificate of authentication and form of
assignment therefor) shall be in substantially the form set forth in the Exhibits attached hereto.
There may be such necessary and appropriate omissions, insertions and variations as are
permitted or required hereby and are approved by those officers executing the Bonds in such
form. Execution thereof by such officers shall constitute conclusive evidence of such approval.
(b)
The Bonds may have notations, legends or endorsements required by law,
securities exchange rule or usage. Each Bond shall show both the date of the issue and the date
of authentication and registration of each Bond.
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(c)
The Bonds are prohibited from being converted to coupon or bearer bonds
without the consent of the Council and approval of a nationally recognized bond counsel to the
City (“Bond Counsel”).
Section 6. Execution and Delivery of Bonds.
(a)
The Bonds shall be executed for and on behalf of the City by the Mayor of the City
and attested by the Clerk of the City. Such signatures may be by mechanical reproduction;
however, such officers shall manually sign a certificate adopting as and for such signatures on the
Bonds the respective mechanically reproduced signatures affixed to the Bonds.
(b)
If an officer whose signature is on a Bond no longer holds that office at the time
such Bond is authenticated and registered, the Bond shall nevertheless be valid and binding so
long as such Bond would otherwise be valid and binding.
(c)
A Bond shall not be valid or binding until authenticated by the manual signature
of an authorized representative of the Bond Registrar and Paying Agent. The signature of the
authorized representative of the Bond Registrar and Paying Agent shall be conclusive evidence
that the Bond has been authenticated and issued pursuant to this Resolution.
Section 7. Mutilated, Lost or Destroyed Bonds. In case any Bond becomes mutilated or
destroyed or lost, the City shall cause to be executed and delivered a new Bond of like type, date,
maturity date and tenor in exchange and substitution for and upon the cancellation of such
mutilated Bond or in lieu of and in substitution for such Bond destroyed or lost, upon the
registered owner paying the reasonable expenses and charges of the City in connection therewith
and, in the case of a Bond destroyed or lost, filing with the Bond Registrar and Paying Agent by
the registered owner evidence satisfactory to the Bond Registrar and Paying Agent that such
Bond was destroyed or lost, and furnishing the Bond Registrar and Paying Agent with a sufficient
indemnity bond pursuant to Section 47-8405, Arizona Revised Statutes.
Section 8. Acceptance of Proposal.
(a)
Subject to the discretion delegated by Section 1(b) hereof, the Authorized
Representatives are hereby authorized to accept a proposal of the Underwriter for the purchase
of the Bonds which satisfies the terms and conditions of this Resolution on behalf of the Council,
and the Bonds are hereby ordered to be sold to the Underwriter in accordance with the terms of
the Bond Purchase Agreement presented to the Council at the meeting at which this Resolution
was adopted (the “Purchase Agreement”) and which is hereby approved. The Authorized
Representatives are hereby authorized to execute and deliver the Purchase Agreement, for and
on behalf of the Council, in a final form satisfactory to the Authorized Representatives, and such
execution and delivery by the Authorized Representatives shall indicate the approval thereof on
behalf of the Council by the Authorized Representatives.
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(b)
The Authorized Representatives are hereby requested to cause the Bonds to be
delivered to the Underwriter upon receipt of payment therefor and satisfaction of the other
conditions for delivery thereof in accordance with the terms of the sale provided in the Purchase
Agreement.
Section 9. Official Statement and Continuing Disclosure.
(a)
(1)
The preparation, distribution and use of a preliminary official statement
relating to the Bonds (the “Preliminary Official Statement”) in substantially the form presented
to the Council at the meeting at which this Resolution was adopted is in all respects hereby
ratified, approved and confirmed, and the Authorized Representatives are hereby authorized to
certify or otherwise represent that the Preliminary Official Statement, in original or revised form,
is a “deemed final” official statement (except for permitted omissions) of the City as of a
particular date for purposes of Rule 15c2-12 adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as amended.
(2)
The Underwriter is authorized to prepare or cause to be prepared, and the
Authorized Representatives are authorized and directed to approve, on behalf of the Council,
and to execute and deliver, a final Official Statement in substantially the form of the Preliminary
Official Statement, modified to reflect matters related to the sale of the Bonds, for distribution
and use in connection with the offering and sale of the Bonds. The execution and delivery of
such final Official Statement by any of the Authorized Representatives shall be conclusively
deemed to evidence the approval of the status, form and contents thereof by the Council.
(b)
Subject to annual appropriation to cover the costs of compliance therewith, the
City shall comply with and carry out all of the provisions of a Continuing Disclosure Undertaking,
to be dated the date of issuance of the Bonds (the “Undertaking”), with respect to the Bonds,
which any of the Authorized Representatives are hereby authorized, for and on behalf of the
Council, to execute, and the Clerk of the City is hereby authorized to attest and deliver, in
substantially the form submitted to the Council at the meeting at which this Resolution was
adopted, with such additions, deletions and modifications as shall be approved by the Authorized
Representatives, and such execution and delivery shall constitute evidence of the approval of the
Authorized Representatives of any departures from the form submitted to the Council at the time
of adoption of this Resolution. Notwithstanding any other provision of this Resolution, failure of
the City (if obligated pursuant to the Undertaking) to comply with the Undertaking shall not be
considered an event of default; however, any beneficial owner (i.e., any person which (a) has the
power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of,
any Bonds (including persons holding Bonds through nominees, depositories or other
intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes) may
take such actions as may be necessary and appropriate, including seeking specific performance
by court order, to cause the City to comply with its obligations under this Section.
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Section 10. Bond Registrar and Paying Agent.
(a)
The Authorized Representatives are hereby authorized to appoint the initial
authenticating agent, bond registrar, transfer agent and paying agent with respect to the Bonds
(the “Bond Registrar and Paying Agent”), and a standard form contract therewith covering such
services, with such additions, deletions and modifications as shall be approved by the Authorized
Representatives, is hereby approved, and any of the Authorized Representatives are hereby
authorized to execute, and the Clerk of the City is hereby authorized to attest and deliver, such
contract. The Bond Registrar and Paying Agent shall maintain the books of the City for the
registration of ownership of each Bond.
(b)
A Bond may be transferred on the registration books upon delivery and surrender
of the Bond to the Bond Registrar and Paying Agent at its designated corporate trust office,
accompanied by a written instrument of transfer in form and with guaranty of signature
satisfactory to the Bond Registrar and Paying Agent, duly executed by the registered owner of
the Bond to be transferred or the attorney-in-fact or legal representative thereof, containing
written instructions as to the details of the transfer of such Bond. No transfer of any Bond shall
be effective until entered on the registration books.
(c)
In all cases upon the transfer of a Bond, the Bond Registrar and Paying Agent shall
enter the transfer of ownership in the registration books and shall authenticate and deliver in the
name of the transferee or transferees a new fully registered Bond or Bonds of the same type and
of the authorized denominations (except that no Bond shall be issued which relates to more than
a single principal maturity) for the aggregate principal amount which the registered owner is
entitled to receive at the earliest practicable time in accordance with the provisions of this
Section.
(d)
All costs and expenses of initial registration and payment of the Bonds shall be
borne by the City, but the City and the Bond Registrar and Paying Agent shall charge the
registered owner of such Bond for every subsequent transfer of a Bond including an amount
sufficient to reimburse them for any transfer fee, tax or other governmental charge required to
be paid with respect to such transfer and may require that such charge including for such transfer
fee, tax or other governmental charge be paid before any such new Bond shall be delivered.
(e)
The City and the Bond Registrar and Paying Agent shall not be required to issue or
transfer any Bonds during a period beginning with the opening of business on any regular record
date and ending with the close of business on the corresponding interest payment date.
(f)
The Bonds shall be subject to a Book-Entry System (as defined herein) of
ownership and transfer, except as provided in subsection (3) of this subsection. The general
provisions for effecting the Book-Entry System are as follows:
(1)
The City hereby designates The Depository Trust Company, New York, New
York, as the initial Depository (as defined herein) hereunder.
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(2)
Notwithstanding the provisions of this Section or of the Bonds to the
contrary and so long as the Bonds are subject to a Book-Entry System, the Bonds shall initially be
evidenced by one typewritten certificate for each maturity in an amount equal to the aggregate
principal amount thereof. The Bonds so initially delivered shall be registered in the name of
“Cede & Co.” as nominee for The Depository Trust Company. The Bonds may not thereafter be
transferred or exchanged on the registration books of the City maintained by the Bond Registrar
and Paying Agent except:
i.
to any successor Depository designated pursuant to subsection (3)
of this subsection;
ii.
to any successor nominee designated by a Depository; or
iii.
if the City shall elect to discontinue the Book-Entry System
pursuant to subsection (3) of this subsection, the City shall cause the Bond Registrar and Paying
Agent to authenticate and deliver replacement Bonds in fully registered form in authorized
denominations in the names of the Beneficial Owners (as defined herein) or their nominees, as
certified by the Depository, at the expense of the City; thereafter the other applicable provisions
of this Resolution regarding registration, transfer and exchange of the Bonds shall apply.
(3)
The Bond Registrar and Paying Agent, pursuant to a request from the City
for the removal or replacement of the Depository, and upon thirty (30) days’ notice to the
Depository, may remove or replace the Depository. The Bond Registrar and Paying Agent shall
remove or replace the Depository at any time pursuant to the request of the City. The Depository
may determine not to continue to act as Depository for the Bonds upon thirty (30) days’ written
notice to the City and the Bond Registrar and Paying Agent. If the use of the Book-Entry System
is discontinued, then after the Bond Registrar and Paying Agent has made provision for
notification of the Beneficial Owners of their book entry interests in the Bonds by appropriate
notice to the then Depository, the City and the Bond Registrar and Paying Agent shall permit
withdrawal of the Bonds from the Depository and authenticate and deliver the Bond certificates
in fully registered form and in denominations authorized by this Section to the assignees of the
Depository or its nominee. Such withdrawal, authentication and delivery shall be at the cost and
expense (including costs of printing or otherwise preparing, and delivering, such replacement
Bond certificates) of the City.
(4)
So long as the Book-Entry System is used for the Bonds, the City and the
Bond Registrar and Paying Agent shall give any notice of redemption, or any other notices
required to be given to registered owners of Bonds only to the Depository or its nominee
registered as the owner thereof. Any failure of the Depository to advise any of its participants,
or of any participant to notify the Beneficial Owner, of any such notice and its content or effect
shall not affect the validity of the redemption of the Bonds to be redeemed or of any other action
premised on such notice. Neither the City nor the Bond Registrar and Paying Agent shall be
responsible or liable for the failure of the Depository or any participant thereof to make any
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payment or give any notice to a Beneficial Owner in respect of the Bonds or any error or delay
relating thereto.
(5)
Notwithstanding any other provision of this Section or Section 2(b) hereof
or of the Bonds to the contrary, so long as the Bonds are subject to a Book-Entry System, it shall
not be necessary for the registered owner to present the applicable Bond for payment of
mandatory redemption installments, if any. The mandatory redemption installments may be
noted on books kept by the Bond Registrar and Paying Agent and the Depository for such
purpose, and the Bonds shall be tendered to the Bond Registrar and Paying Agent at their
maturity.
(6)
For purposes of this Section, “Beneficial Owners” shall mean actual
purchasers of the Bonds whose ownership interest is evidenced only in the Book-Entry System
maintained by the Depository, “Book-Entry System” shall mean a system for clearing and
settlement of securities transactions among participants of a Depository (and other parties
having custodial relationships with such participants) through electronic or manual book-entry
changes in accounts of such participants maintained by the Depository hereunder for recording
ownership of the Bonds by Beneficial Owners and transfers of ownership interests in the Bonds,
and “Depository” shall mean The Depository Trust Company, New York, New York or any
successor depository designated pursuant to this Section.
Section 11. General Federal Tax Law Covenants.
(a)
(1)
As will be provided in greater detail in the Certificate Relating To Federal
Tax Matters to be delivered upon the initial delivery of the Bonds (the “Tax Certificate”), the City
shall not make or direct the making of any investment or other use of the proceeds of any Bonds
which would cause such Bonds to be “arbitrage bonds” as that term is defined in Section 148 (or
any successor provision thereto) of the Internal Revenue Code of 1986, as amended (the “Code”),
or “private activity bonds” as that term is defined in Section 141 (or any successor provision
thereto) of the Code, and shall comply with the requirements of the Code sections and the
regulations promulgated thereunder (the “Regulations”) throughout the term of the Bonds. In
consideration of the purchase and acceptance of the Bonds by such holders from time to time
and of retaining such exclusion and as authorized by Title 35, Chapter 3, Article 7, Arizona Revised
Statutes, the Council covenants, and the appropriate officials of the City are hereby directed, to
take all action required to maintain such exclusion or to refrain from taking any action prohibited
by the Code which would adversely affect in any respect such exclusion.
(2)
The City shall be the owner of the facilities financed with the proceeds of
the sale of the Bonds (the “Facilities”) for federal income tax purposes. Except as otherwise
advised in a Bond Counsel’s Opinion (as defined herein), the City shall not enter into (i) any
management or service contract with any entity other than a governmental entity for the
operation of any portion of the Facilities unless the management or service contract complies
with the requirements of the Code, the Regulations and any applicable interpretive guidance with
respect thereto as may control at the time, or (ii) any lease or other arrangement with any entity
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other than a governmental entity that gives such entity special legal entitlements with respect to
any portion of the Facilities. Also, the payment of principal and interest with respect to the Bonds
shall not be guaranteed (in whole or in part) by the United States or any agency or instrumentality
of the United States. The proceeds of the Bonds, or amounts treated as proceeds of the Bonds,
shall not be invested (directly or indirectly) in federally insured deposits or accounts, except to
the extent such proceeds (i) may be so invested for an initial temporary period until needed for
the purpose for which the Bonds are being issued, (ii) may be so used in making investments of
a bona fide debt service fund or (iii) may be invested in obligations issued by the United States
Treasury.
(3)
The procedures and covenants contained in any arbitrage rebate provision
or separate agreement executed in connection with the issuance of the Bonds (initially Section
12 hereof) shall be complied with for so long as compliance is necessary in order to maintain the
exclusion from gross income for federal income tax purposes of interest on the Bonds.
(b)
(1)
The City shall take all necessary and desirable steps, as determined by the
Council, to comply with the requirements hereunder in order to ensure that interest on the Bonds
is excluded from gross income for federal income tax purposes under the Code; provided,
however, compliance with any such requirement shall not be required in the event the City
receives a Bond Counsel’s Opinion that either (i) compliance with such requirement is not
required to maintain the exclusion from gross income of interest on the Bonds, or (ii) compliance
with some other requirement will meet the requirements of the Code. In the event the City
receives such a Bond Counsel’s Opinion, this Resolution shall be amended to conform to the
requirements set forth in such opinion.
(2)
If for any reason any requirement hereunder is not complied with, the
Council shall take all necessary and desirable steps, as determined by the City, to correct such
noncompliance within a reasonable period of time after such noncompliance is discovered or
should have been discovered with the exercise of reasonable diligence and the City shall pay any
required interest or penalty under Regulations Section 1.148-3(h).
(c)
The City has adopted post-issuance tax compliance procedures, with which the
City shall comply.
Section 12. Arbitrage Rebate Covenants.
(a)
Terms not otherwise defined in Subsection (b) hereof shall have the meanings
given to them in the Tax Certificate.
(b)
The following terms shall have the following meanings:
“Bond Counsel’s Opinion” shall mean an opinion signed by an attorney or firm of
attorneys of nationally recognized standing in the field of law relating to municipal bonds
selected by the City.
12
“Bond Year” shall mean each one-year period beginning on the day after the
expiration of the preceding Bond Year. The first Bond Year shall begin on the date of issue of the
Bonds and shall end on the date selected by the City, provided that the first Bond Year shall not
exceed one calendar year. The last Bond Year shall end on the date of retirement of the last
Bond.
“Bond Yield” is as indicated in the Tax Certificate. Bond Yield shall be recomputed
if required by Regulations Section 1.148-4(b)(4) or 4(h)(3). Bond Yield shall mean the discount
rate that produces a present value equal to the Issue Price of all unconditionally payable
payments of principal, interest and fees for qualified guarantees within the meaning of
Regulations Section 1.148-4(f) and amounts reasonably expected to be paid as fees for qualified
guarantees in connection with the Bonds as determined under Regulations Section 1.148-4(b).
The present value of all such payments shall be computed as of the date of issue of the Bonds
and using semiannual compounding on the basis of a 360-day year.
“Gross Proceeds” shall mean:
(i)
any amounts actually or constructively received by the City from
the sale of the Bonds but excluding amounts used to pay accrued interest on the Bonds within
one year of the date of issuance of the Bonds;
(ii)
transferred proceeds of the Bonds under Regulations Section
1.148-9;
(iii)
any amounts actually or constructively received from investing
amounts described in (i), (ii) or this (iii); and
(iv)
replacement proceeds of the Bonds within the meaning of
Regulations Section 1.148-1(c). Replacement proceeds include amounts reasonably expected to
be used directly or indirectly to pay debt service on the Bonds, pledged amounts where there is
reasonable assurance that such amounts will be available to pay principal or interest on the
Bonds in the event the City encounters financial difficulties and other replacement proceeds
within the meaning of Regulations Section 1.148-1(c)(4). Whether an amount is Gross Proceeds
is determined without regard to whether the amount is held in any fund or account.
“Investment Property” shall mean any security, obligation (other than a tax-
exempt bond within the meaning of Code Section 148(b)(3)(A)), annuity contract or investment-
type property within the meaning of Regulations Section 1.148-1(b).
“Issue Price” is as indicated in the Tax Certificate and shall be determined as
provided in Regulations Section 1.148-1(b).
“Nonpurpose Investment” shall mean any Investment Property acquired with
Gross Proceeds, and which is not acquired to carry out the governmental purposes of the Bonds.
13
“Payment” shall mean any payment within the meaning of Regulations Section
1.148-3(d)(1) with respect to a Nonpurpose Investment.
“Rebate Requirement” shall mean at any time the excess of the future value of all
Receipts over the future value of all Payments. For purposes of calculating the Rebate
Requirement the Bond Yield shall be used to determine the future value of Receipts and
Payments in accordance with Regulations Section 1.148-3(c). The Rebate Requirement is zero
for any Nonpurpose Investment meeting the requirements of a rebate exception under Section
148(f)(4) of the Code or Regulations Section 1.148-7.
“Receipt” shall mean any receipt within the meaning of Regulations Section
1.148-3(d)(2) with respect to a Nonpurpose Investment.
“Regulations” shall mean Sections 1.148-1 through 1.148-11 and Section 1.150-1
of the regulations of the United States Department of the Treasury promulgated under the Code,
including and any amendments thereto or successor regulations.
(c)
The City shall cause the Rebate Requirement to be calculated and shall pay to the
United States of America:
(1)
not later than 60 days after the end of the fifth Bond Year and every fifth
Bond Year thereafter, an amount which, when added to the future value of all previous rebate
payments with respect to the Bonds (determined as of such Computation Date), is equal to at
least 90% of the sum of the Rebate Requirement (determined as of the last day of such Bond
Year) plus the future value of all previous rebate payments with respect to the Bonds
(determined as of the last day of such Bond Year); and
(2)
not later than 60 days after the retirement of the last Bond, an amount
equal to 100% of the Rebate Requirement (determined as of the date of retirement of the last
Bond).
Each payment required to be made under this Section shall be filed with the Internal Revenue
Service Center, Ogden, Utah 84201, on or before the date such payment is due, and shall be
accompanied by IRS Form 8038-T.
(d)
No Nonpurpose Investment shall be acquired for an amount in excess of its fair
market value. No Nonpurpose Investment shall be sold or otherwise disposed of for an amount
less than its fair market value.
(e)
For purposes of Subsection (d), whether a Nonpurpose Investment has been
purchased or sold or disposed of for its fair market value shall be determined as follows:
14
(1)
The fair market value of a Nonpurpose Investment generally shall be the
price at which a willing buyer would purchase the Nonpurpose Investment from a willing seller
in a bona fide arm’s length transaction. Fair market value shall be determined on the date on
which a contract to purchase or sell the Nonpurpose Investment becomes binding.
(2)
Except as provided in Subsection (f) or (g), a Nonpurpose Investment that
is not of a type traded on an established securities market, within the meaning of Code Section
1273, is rebuttably presumed to be acquired or disposed of for a price that is not equal to its fair
market value.
(3)
If a United States Treasury obligation is acquired directly from or sold or
disposed of directly to the United States Treasury, such acquisition or sale or disposition shall be
treated as establishing the fair market value of the obligation.
(f)
The purchase price of a certificate of deposit that has a fixed interest rate, a fixed
payment schedule and a substantial penalty for early withdrawal is considered to be its fair
market value if the yield on the certificate of deposit is not less than:
(1)
the yield on reasonably comparable direct obligations of the United States;
and
(2)
the highest yield that is published or posted by the provider to be currently
available from the provider on reasonably comparable certificates of deposit offered to the
public.
(g)
A guaranteed investment contract shall be considered acquired and disposed of
for an amount equal to its fair market value if:
(1)
A bona fide solicitation in writing for a specified guaranteed investment
contract, including all material terms, is timely forwarded to all potential providers. The
solicitation must include a statement that the submission of a bid is a representation that the
potential provider did not consult with any other potential provider about its bid, that the bid
was determined without regard to any other formal or informal agreement that the potential
provider has with the City or any other person (whether or not in connection with the Bonds),
and that the bid is not being submitted solely as a courtesy to the City or any other person for
purposes of satisfying the requirements in the Regulations that the City receive bids from at least
one reasonably competitive provider and at least three providers that do not have a material
financial interest in the Bonds.
(2)
All potential providers have an equal opportunity to bid, with no potential
provider having the opportunity to review other bids before providing a bid.
(3)
At least three reasonably competitive providers (i.e. having an established
industry reputation as a competitive provider of the type of investments being purchased) are
solicited for bids. At least three bids must be received from providers that have no material
15
financial interest in the Bonds (e.g., a lead underwriter within 15 days of the issue date of the
Bonds or a financial advisor with respect to the investment) and at least one of such three bids
must be from a reasonably competitive provider. If the City uses an agent to conduct the bidding,
the agent may not bid.
(4)
The highest-yielding guaranteed investment contract for which a
qualifying bid is made (determined net of broker’s fees) is purchased.
(5)
The determination of the terms of the guaranteed investment contract
takes into account as a significant factor the reasonably expected deposit and drawdown
schedule for the amounts to be invested.
(6)
The terms for the guaranteed investment contract are commercially
reasonable (i.e. have a legitimate business purpose other than to increase the purchase price or
reduce the yield of the guaranteed investment contract).
(7)
The provider of the investment contract certifies the administrative costs
(as defined in Regulations Section 1.148-5(e)) that it pays (or expects to pay) to third parties in
connection with the guaranteed investment contract.
(8)
The City retains until three years after the last outstanding Bond is retired,
(i) a copy of the guaranteed investment contract, (ii) a receipt or other record of the amount
actually paid for the guaranteed investment contract, including any administrative costs paid by
the City and a copy of the provider’s certification described in (7) above, (iii) the name of the
person and entity submitting each bid, the time and date of the bid, and the bid results and
(iv) the bid solicitation form and, if the terms of the guaranteed investment contract deviates
from the bid solicitation form or a submitted bid is modified, a brief statement explaining the
deviation and stating the purpose of the deviation.
(h)
The employment of such experts and consultants to make, as necessary, any
calculations in respect of rebates to be made to the United States of America in accordance with
Section 148(f) of the Code is hereby authorized.
Section 13. Resolution a Contract; Severability; Ratification of Actions.
(a)
This Resolution shall constitute a contract between the City and the registered
owners of the Bonds and shall not be repealed or amended in any manner which would impair,
impede or lessen the rights of the registered owners of the Bonds then outstanding.
(b)
If any section, paragraph, subdivision, sentence, clause or phrase of this
Resolution is for any reason held to be illegal or unenforceable, such decision will not affect the
validity of the remaining portions of this Resolution. The Council hereby declares that it would
have adopted this Resolution and each and every other section, paragraph, subdivision,
sentence, clause or phrase hereof, and authorized the issuance of the Bonds pursuant hereto,
16
irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences,
clauses or phrases of this Resolution may be held illegal, invalid or unenforceable.
(c)
All actions of the officers, employees and agents of the City including the Council
which conform to the purposes and intent of this Resolution and which further the sale and
issuance of the Bonds as contemplated by this Resolution, including retention of consultants and
counsel necessary to carry out the purposes of this Resolution whether taken before or after
adoption of this Resolution, are hereby ratified, confirmed and approved,. The proper officers
and agents of the City are hereby authorized and directed to do all such acts and things and to
execute and deliver all such documents on behalf of the City as may be necessary to carry out
the terms and intent of this Resolution.
(d)
All acts and conditions necessary to be performed by the City or to have been met
precedent to and in the issuing of the Bonds in order to make them legal, valid and binding
general obligations of the City will at the time of delivery of the Bonds have been performed and
have been met, in regular and due form as required by law, and no statutory, charter or
constitutional limitation of indebtedness or taxation will have been exceeded in the issuance of
the Bonds.
(e)
All formal actions of the Council concerning and relating to the passage of this
Resolution were taken in an open meeting of the Council, and all deliberations of the Council and
of any committees that resulted in those formal actions were in meetings open to the public, in
compliance with all legal requirements.
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this
25th day of March, 2025.
Juan F. Rodriguez, Mayor
ATTEST:
Crystal Zamora, City Clerk
APPROVED AS TO FORM:
Justin Pierce, City Attorney
Exhibit-1
EXHIBIT 1
[FORM OF BOND]
UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY
TRUST COMPANY (“DTC”) TO THE ISSUER OR ITS AGENT FOR REGISTRATION OF TRANSFER,
EXCHANGE OR PAYMENT, AND ANY BOND ISSUED IS REGISTERED IN THE NAME OF CEDE & CO.
OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND
ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN
AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR
VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED
OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.*
REGISTERED
REGISTERED
NO. ...............
$.......................
UNITED STATES OF AMERICA
STATE OF ARIZONA
CITY OF TOLLESON, ARIZONA
GENERAL OBLIGATION BOND,
SERIES 2025
Interest Rate:
Maturity Date:
Dated:
CUSIP:
..................%
July 1, ........
...................., 2025
889498 ....
REGISTERED OWNER: CEDE & CO.*
PRINCIPAL AMOUNT: ........................................................................................ DOLLARS
THE CITY OF TOLLESON, ARIZONA, a body politic and corporate, duly incorporated
and existing pursuant to the laws of the State of Arizona (the “City”), for value received, hereby
promises to pay to the aforesaid registered owner, or registered assigns, the aforesaid principal
amount on the aforesaid maturity date unless earlier redeemed and then on the applicable
redemption date, and to pay interest on the principal amount from the date this Bond is dated,
at the aforesaid interest rate (computed on the basis of a 360-day year of twelve 30-day months)
on each January 1 and July 1 (each an “interest payment date”), commencing ......................,
........., to its maturity or its redemption prior to maturity. The principal of and
* Insert only while The Depository Trust Company, New York, New York, is the Securities
Depository.
Exhibit-2
premium, if any, on this Bond are payable upon presentation and surrender hereof at the
designated corporate trust office of ..........................................................., as the “Bond Registrar
and Paying Agent.” Interest on this Bond is payable by check, dated as of the interest payment
date, mailed to the registered owner hereof and at the address appearing on the registration
books maintained by the Bond Registrar and Paying Agent at the close of business on the 15th
day of the month next preceding that interest payment date (the “regular record date”). Any
such interest which is not timely paid or duly provided for shall cease to be payable to the
registered owner hereof (or of one or more predecessor Bonds) as of the regular record date and
shall be payable to the registered owner hereof (or of one or more predecessor Bonds) at the
close of business on a special record date for the payment of that overdue interest. The special
record date shall be fixed by the Bond Registrar and Paying Agent whenever moneys become
available for payment of the overdue interest, and notice of the special record date shall be given
to the registered owner of this Bond not less than 10 days prior thereto.
The principal of and interest and premium, if any, on this Bond are payable in
lawful money of the United States of America, on the respective dates when principal and
interest become due.
This Bond is one of a series of bonds (the “Bonds”) indicated above in the
aggregate principal amount of $..........,000 of like tenor except as to amount, maturity date, rate
of interest and number. The Bonds represent an aggregate voted amount of $21,000,000
principal amount approved at a special bond election duly called and held in and for the City on
November 3, 2020. The Bonds are being issued by the City pursuant to a resolution of the Mayor
and Council of the City, duly adopted prior to the issuance hereof, all of the terms of which are
hereby incorporated herein (the “Resolution”), and pursuant to the Constitution and laws of the
State of Arizona relative to the sale and issuance of general obligation bonds of municipalities
and all amendments thereto, and all other laws of the State of Arizona thereunto enabling.
For the purpose of paying the principal of, interest on and costs of administration
of the registration and payment of this Bond, there shall be levied on all taxable property in the
City a continuing, direct, annual, ad valorem tax sufficient to pay all such principal, interest and
administration costs of and on this Bond as the same become due, such taxes to be levied,
assessed and collected at the same time and in the same manner as other taxes of the City are
levied, assessed and collected.
The Bonds maturing before and on July 1, ...., are not subject to redemption prior
to maturity. The Bonds maturing on and after July 1, ...., are subject to redemption prior to
maturity, in whole or in part, on July 1, ...., or any date thereafter, by the payment of a
redemption price equal to the principal amount of each such Bond redeemed plus interest
accrued to the date fixed for redemption plus a premium (calculated as a percentage of the
principal amount of such Bonds to be redeemed) to be computed as follows:
Exhibit-3
Redemption Dates
Premium
July 1, ...., and January 1, ....
....%
July 1, ...., and January 1, ....
....
July 1, ...., and thereafter
0.0
The Bonds maturing on July 1, ...., shall be redeemed prior to maturity on July 1,
in the years and amounts set forth below, by payment of the principal amount of each Bond to
be redeemed plus interest accrued to the date fixed for redemption, but without a premium:
Year
Amount
$
A remaining principal amount of $.....,000 of Bonds maturing on July 1, ...., shall mature on July
1, .....
Not more than seventy-five (75) nor less than sixty (60) days prior to the
mandatory redemption date for the Bonds maturing on July 1, ...., the Bond Registrar and Paying
Agent shall proceed to select for redemption (by lot in such manner as the Bond Registrar and
Paying Agent may determine) from all the Bonds maturing on July 1, ...., outstanding a principal
amount of the Bonds maturing on July 1, ...., equal to the aggregate principal amount of the
Bonds maturing on July 1, ...., to be redeemed and shall redeem such Bonds maturing on July 1,
...., on the next July 1 and give notice of such redemption.
Notice of redemption of any such Bond will be mailed not more than sixty (60) nor
less than thirty (30) days prior to the date set for redemption to the registered owner of such
Bond or Bonds being redeemed at the address shown on the registration books for the Bonds
maintained by the Bond Registrar and Paying Agent. Failure to properly give such notice of
redemption shall not affect the redemption of any such Bond for which notice was properly given.
The Bond Registrar and Paying Agent shall maintain the registration books of the
City for the registration of ownership of each Bond as provided in the Resolution. (The Bond
Registrar and Paying Agent may be changed without notice or consent.)
Exhibit-4
This Bond may be transferred on the registration books upon delivery and
surrender hereof to the Bond Registrar and Paying Agent at its designated corporate trust office,
accompanied by a written instrument of transfer in form and with guaranty of signature
satisfactory to the Bond Registrar and Paying Agent, duly executed by the registered owner of
this Bond or his or her attorney-in-fact or legal representative, containing written instructions as
to the details of the transfer. No transfer of this Bond shall be effective until entered on the
registration books.
In all cases upon the transfer of this Bond, the Bond Registrar and Paying Agent
shall transfer the ownership in the registration books and shall authenticate and deliver in the
name of the transferee or transferees a new fully registered Bond or Bonds of authorized
denominations (except that no Bond shall be issued which relates to more than a single principal
maturity) for the aggregate principal amount which the registered owner is entitled to receive at
the earliest practicable time in accordance with the provisions of the Resolution. The City and
the Bond Registrar and Paying Agent shall charge the owner of such Bond for every transfer of a
Bond, including an amount sufficient to reimburse them for any transfer fee, tax or other charge
required to be paid with respect to such transfer and may require that such charge, including
such transfer fee, tax or other charge be paid before any such new Bond shall be delivered.
The City and the Bond Registrar and Paying Agent shall not be required to issue or
transfer any Bonds during a period beginning with the opening of business on any regular record
date and ending with the close of business on the corresponding interest payment date.
This Bond shall not be entitled to any security or benefit under the Resolution or
be valid or become obligatory for any purpose until the certificate of authentication hereon shall
have been signed by the Bond Registrar and Paying Agent.
Pursuant to the Resolution, payment of all or any part of the Bonds may be
provided for by the irrevocable deposit, in trust, of moneys or obligations issued or guaranteed
by the United States government (“Defeasance Obligations”) or both, which, with the maturing
principal of and interest on such Defeasance Obligations, if any, will be sufficient, as evidenced
by a certificate or report of an accountant, to pay the principal or redemption price of and interest
on such Bonds. Any Bonds so provided for will no longer be outstanding under the Resolution or
payable from ad valorem taxes on taxable property in the City, and the owners of such Bonds
shall thereafter be entitled to payment only from the moneys and Defeasance Obligations
deposited in trust.
It is hereby certified, recited and declared (i) that all conditions, acts and things
required by the Constitution and laws of the State of Arizona to happen, to be done, to exist and
to be performed precedent to and in the issuance of this Bond and of the series of which it is one,
have happened, have been done, do exist and have been performed in regular and due form and
time as required by law, (ii) that the obligation evidenced by the series of Bonds of which this is
one, together with all other existing indebtedness of the City, does not exceed any applicable
constitutional or statutory limitation, and (iii) that due provision has been made for the levy and
Exhibit-5
collection of a direct, annual, ad valorem tax upon taxable property within the City, over and
above all other taxes authorized or limited by law, sufficient to pay the principal hereof and the
interest hereon as each becomes due.
IN WITNESS WHEREOF, THE CITY OF TOLLESON, ARIZONA, has caused this Bond to be
executed in the name of the City by the facsimile signature of the Mayor of the City and such
signature of the Mayor of the City to be attested by the facsimile signature of the Clerk of the
City.
CITY OF TOLLESON, ARIZONA
Juan F. Rodriguez, Mayor
ATTEST:
Crystal Zamora, City Clerk
[FORM OF CERTIFICATE OF AUTHENTICATION]
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the within-mentioned Resolution and
is one of the City of Tolleson, Arizona General Obligation Bonds, Series 2025.
Date of Authentication: .........................................
..................................................................................,
as Bond Registrar and Paying Agent
By...............................................................................
Authorized Representative
Exhibit-6
[FORM OF ASSIGNMENT]
ASSIGNMENT
For value received, the undersigned sells, assigns and transfers unto
................................................... the within Bond and irrevocably constitutes and appoints
............................................................. attorney to transfer this Bond on the books kept for
registration thereof, with full power of substitution in the premises.
Dated: ...............................................
..............................................................................
Signature
Signature Guaranteed:
...........................................................
..............................................................................
[Insert proper legend]
Signature
Notice:
The assignor’s signature to this assignment must
correspond with the name as it appears upon
the face of the within Bond in every particular,
without alteration or any change whatsoever.
The following abbreviations, when used in the inscription on the face of the within Bond, shall be
construed as though they were written out in full according to applicable laws or regulations.
TEN COM
-
as tenants in common
TEN ENT
-
as tenants by the entireties
JT TEN
-
as joint tenants with right
of survivorship and not as
tenants in common
UNIF GIFT/TRANS MIN ACT - .......................... Custodian ........................
(Cust) (Minor)
under Uniform Gifts/Transfers to Minors Act ...................................................
(State)
Additional abbreviations may also be used though not included in the above list
ALL FEES AND COSTS OF TRANSFER
SHALL BE PAID BY THE TRANSFEROR
CERTIFICATION
I hereby certify that the foregoing Resolution No. 2597 was duly passed and
adopted by the Mayor and the Council of the City of Tolleson, Arizona, at a regular meeting held
on the 25th day of March 2025, and the vote was ........ ayes and ........ nays and that the Mayor
and ........ Councilmembers were present thereat.
...................................................................................
Crystal Zamora, City Clerk, City of Tolleson, Arizona