92-060 CITY OF ANAHEIM RESOLUTION NO. 92R- 60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ACCEPTING A BID FOR THE
PURCHASE OF ITS NOT TO EXCEED $6,400t000 WATER
REVENUE BONDS, 1992 SERIES; REJECTING ALL
OTHER BIDS; APPROVING THE FORM OF THE OFFICIAL
STATEMENT; AND TAKING CERTAIN RELATED ACTION
WHEREAS, the City of Anaheim (the "City") is a municipal
corporation organized and existing under a charter duly and
regularly adopted pursuant to the provisions of the Constitution of
the State of California (the "Charter") and the powers of the City
include the power to issue bonds; and
WHEREAS, this City Council, in compliance with all
requirements of law has heretofore adopted, on March 3, 1992,
Resolution No. 92R-40 (the "Proposal Resolution"), entitled:
"Resolution of the City Council of the City of Anaheim,
california Authorizing the Invitation of Proposals for
the Purchase of Not to Exceed $6,400,000 Water Revenue
Bonds, 1992 Series, of Said city; Approving the Notice
Inviting Bids and the Notice of Intention to Sell Bonds;
and Authorizing the Delivery of the Preliminary Official
Statement and the Publication of the Notice of Intention
to Sell Bonds and the Notice Inviting Bids"; and
WHEREAS, this City Council, in compliance with all
requirements of law has heretofore adopted Resolution No. 92R-
(the "Bond Resolution"), entitled:
"Resolution of the City Council of the City of Anaheim,
California, Authorizing the Issuance of Not to Exceed
$6,400,000 Water Revenue Bonds, 1992 Series, of the City;
Providing the Terms and Conditions of such Bonds;
Approving the execution and delivery of an Escrow
Agreement in connection therewith; Appointing a Paying
Agent; and Authorizing officers of the City to do all
things necessary or advisable therefor"; and
WHEREAS, this City Council deems it necessary to sell at
this time not to exceed $6,400,000 principal amount of Water
Revenue Bonds, 1992 Series (the "Bonds") as authorized by the Bond
Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
Section 1. Compliance with Conditions Precedent. All
steps required to be taken precedent to the authorization, issuance
and sale of the Bonds have been duly and regularly taken as
provided by law.
Section 2. Notice of Intention to Sell Bonds and Notice
Inviting Bids. The Notice of Intention to Sell Bonds (as approved
by the City Council in the Proposal Resolution) was published as
required by law and the Notice Inviting Bids was published as
required by the Proposal Resolution. Pursuant to the Notice
Inviting Bids and the Notice of Intention to Sell Bonds, proposals
have been received, opened, read and examined.
Section 3. Successful Bidder. The proposal for the
purchase of the Bonds attached hereto and marked Exhibit A, and by
this reference incorporated herein, is the best bid for the Bonds.
Such proposal is hereby accepted in accordance with the terms
thereof, and in accordance with and subject to the Proposal
Resolution and the Bond Resolution.
Section 4. All Other Proposals Rejected. All proposals
other than the one accepted pursuant to Section 3 hereof are
rejected.
Section 5. Interest Rates on the Bonds. The Bonds shall
bear interest at the interest rates as set forth in the accepted
proposal.
Section 6. Purchase Price for the Bonds. The Bonds shall
be delivered to the successful bidder upon payment of the purchase
price determined pursuant to the accepted proposal and the Notice
Inviting Bids, plus accrued interest from March 15, 1992 to the
date of delivery of the Bonds.
Section 7. Ratification. All actions and proceedings
heretofore taken in connection with the authorization, issuance and
sale of the Bonds are hereby ratified and confirmed.
Section 8. Official Statement Approved. A final
Official Statement (the "final Official Statement") in
substantially the form of the Preliminary official Statement, with
such changes thereto as are necessary to reflect the actual terms
of the Bonds and such other changes as the Public Utilities General
Manager or Public Utilities Financial Services Manager shall
approve (such approval to be conclusively evidenced by the
execution and delivery thereof by the Public Utilities General
Manager), is hereby approved, and the City Council hereby approves
the use of the final official Statement by the successful bidder in
connection with the offering and sale of the Bonds, and the City
Council hereby further approves the use by the successful bidder of
any supplement or amendment to the final Official Statement which
is necessary so that the final Official Statement does not include
any untrue statement of a material fact and does not omit to state
a material fact necessary to make the statements therein not
misleading. The Mayor, the City Manager and the Public Utilities
General Manager are hereby authorized and directed to execute the
final Official Statement and any amendment or supplement thereto,
in the name and on behalf of the city, and thereupon to cause the
final Official Statement and any such amendment or supplement to be
delivered to the successful bidder.
Section 9. official Statement Furnishe4. The City Clerk
and the Financial Advisor to the City for the issuance of the Bonds
are hereby authorized and directed to cause to be furnished to the
successful bidder a reasonable number of copies of the Official
Statement.
Section 10. General Authorization. The City Clerk, the
Public Utilities General Manager, each Public Utilities Assistant
General Manager and any authorized officers, deputy officers or
employees, consultants and counsel, are hereby authorized to do all
acts and things necessary or desirable in carrying out the
financing contemplated by the Proposal Resolution and the Bond
Resolution.
Section 11. Effective Date. This Resolution shall take
effect upon its adoption.
ADOPTED, SIGNED AND APPROVED this twenty-fourth day of
March, 1992.
(SEAL)
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 92R-60 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 24th day of
March, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 92R-60 on the 25th day of March, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 25th day of March, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SONL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 92R-60 duly passed and adopted
by the City Council of the City of Anaheim on March 24, 1992.
CITY CLERK OF THE CITY OF ANAHEIM