93-061 CITY OF ANAHEIM RESOLUTION NO. 93R- 61
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA AUTHORIZING (I) THE
INVITATION OF PROPOSALS FOR THE PURCHASE OF
(A) NOT TO EXCEED $140,000,000 AGGREGATE
PRINCIPAL AMOUNT OF ELECTRIC SYSTEM
CERTIFICATES OF PARTICIPATION OF SAID CITYAND
(B) NOT TO EXCEED $71,000,000 AGGREGATE
PRINCIPAL AMOUNT OF ELECTRIC REVENUE BONDS,
1993 SERIES; (II) ONE OR MORE NOTICES INVITING
BIDS RELATING TO THE CERTIFICATES AND ONE OR
MORE NOTICES OF INTENTION TO SELL
CERTIFICATES; (III) A NOTICE INVITING BIDS
RELATING TO THE BONDS AND A NOTICE OF
INTENTION TO SELL BONDS; AND (IV) THE DELIVERY
OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS
WHEREAS, this City Council deems it necessary and proper
that proposals be invited for the purchase of not to exceed
$140,000,000 aggregate principal amount of refunding and/or new
money Electric System Certificates of Participation (the
"Certificates") of the City of Anaheim, California (the "City"),
and that the Certificates be sold in the manner described below;
WHEREAS, this City Council deems it necessary and proper
that proposals be invited for the purchase of not to exceed
$71,000,000 aggregate principal amount of refunding Electric
Revenue Bonds, 1993 Series (the "Bonds") of the city, and that the
Bonds be sold in the manner described below;
NOW, THEREFORE, the city Council of the City of Anaheim,
California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. Sealed proposals for the purchase of the
Certificates shall be received by the Public Utilities General
Manager or the Public Utilities Financial Services Manager of the
City (the "Manager") at the date, time and place provided for in a
Notice Inviting Bids for the Certificates or at such other dates
and times as shall be determined by the Manager.
SECTION 2. The Manager is hereby authorized to approve
one or more Notices Inviting Bids for the Certificates (such
approval to be conclusively evidenced by the distribution thereof) .
The Manager is hereby authorized to sell the refunding portion of
the Certificates on the same date as the new money portion of the
Certificates, or on such other date as the Manager shall determine.
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The City Clerk is hereby authorized and directed to cause the
Notice(s) Inviting Bids for the Certificates to be distributed to
prospective bidders for the Certificates upon their request.
SECTION 3. The Manager is hereby authorized to approve
one or more Notices of Intention to Sell Certificates (such
approval to be conclusively evidenced by the distribution thereof).
The City Clerk is hereby authorized and directed to cause one or
more Notice(s) of Intention to Sell Certificates to be distributed
to prospective bidders for the Certificates upon their request.
The city's distribution of the Notice(s) of Intention to Sell
Certificates shall constitute the City's notice of a public sale
and the city shall not be required to provide notice pursuant to
Section 53692 of the California Government Code.
SECTION 4. The Manager may withdraw or modify the
Notice(s) Inviting Bids for the Certificates and the Notice(s) of
Intention to Sell Certificates, or either, at any time by notice
published via Munifacts wire or other means determined by the
Manager to be reasonably calculated to reach potential bidders for
the Certificates. If the Manager should withdraw the Notice(s)
Inviting Bids for the Certificates or the Notice(s) of Intention to
Sell Certificates at any time before the Certificates are awarded,
and should at a later date determine that it is desirable to
receive bids for the Certificates, then the City Clerk is hereby
authorized to redistribute the Notice(s) Inviting Bids for the
Certificates and the Notice(s) of Intention to Sell Certificates
with such modifications or revisions as are approved by the
Manager.
SECTION 5. The Manager is hereby authorized to approve
one or more Preliminary Official Statement relating to the
Certificates (such approval to be conclusively evidenced by the
delivery thereof) (the "Certificates Preliminary Official
Statement") and the City Council hereby approves the use of the
Certificates Preliminary Official Statement in connection with the
offering and sale of the Certificates. The Manager is authorized to
deem the Certificates Preliminary Official Statement to be final
within the meaning of Securities and Exchange Commission Rule 15c2-
12 subject to the completion of those items permitted by said Rule.
SECTION 6. Sealed proposals for the purchase of the
Bonds shall be received by the Manager at the date, time and place
provided for in a Notice Inviting Bids relating to the Bonds or at
such other dates and times as shall be determined by the Manager.
SECTION 7. The Manager is hereby authorized to approve
a Notice Inviting Bids for the Bonds (such approval to be
conclusively evidenced by the distribution thereof). The City
Clerk is hereby authorized and directed to cause the Notice
Inviting Bids for the Bonds to be distributed to prospective
bidders for the Bonds upon their request.
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SECTION 8. The Manager is hereby authorized to approve
a Notice of Intention to sell Bonds (such approval to be
conclusively evidence by the distribution thereof). The city Clerk
is hereby authorized and directed to cause a Notice of Intention to
Sell Bonds to be distributed to prospective bidders for the Bonds
upon their request. The City's distribution of the Notice of
Intention to Sell Bonds shall constitute the City's notice of a
public sale and the City shall not be required to provide notice
pursuant to Section 53692 of the California Government Code.
SECTION 9. The Manager may withdraw or modify the Notice
Inviting Bids for the Bonds and the Notice of Intention to Sell
Bonds, or either, at any time by notice published via Munifacts
wire or other means determined by the Manager to be reasonably
calculated to reach potential bidders for the Bonds. If the
Manager should withdraw the Notice Inviting Bids for the Bonds or
the Notice of Intention to Sell Bonds at any time before the Bonds
are awarded, and should at a later date determine that it is
desirable to receive bids for the Bonds, then the City Clerk is
hereby authorized to redistribute the Notice Inviting Bids for the
Bonds and the Notice of Intention to Sell Bonds with such
modifications or revisions as are approved by the Manager.
SECTION ~0. The Manager is hereby authorized to approve
a Preliminary Official Statement relating to the Bonds (such
approval to be conclusively evidenced by the delivery thereof) (the
"Bonds Preliminary official Statement") and the City Council hereby
approves the use of the Bonds Preliminary Official Statement in
connection with the offering and sale of the Bonds. The Manager is
authorized to deem the Bonds Preliminary official Statement to be
final within the meaning of Securities and Exchange Commission Rule
15c2-12 subject to the completion of those items permitted by said
Rule.
SECTION ~. The City Clerk and the Manager are
authorized and directed to cause to be furnished to prospective
bidders for the Certificates, upon their request, a reasonable
number of copies of the Notice(s) Inviting Bids for the
Certificates and the Certificates Preliminary Official Statement
and to prospective bidders for the Bonds, upon their request, a
reasonable number of copies of the Notice Inviting Bids for the
Bonds and the Bonds Preliminary Official Statement.
Section ~2. Resolution No. 92R-206 of the City adopted
September 29, 1992 is hereby rescinded and shall be of no further
effect.
SECTION ~3. This Resolution shall take effect from and
after its date of adoption.
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ADOPTED, SIGNED AND APPROVED this 20thday of April, 1993.
[ SEAL]
Attest:
~, City Clerk
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, ~eo~ora N. Soh] , City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 93R-61 was introduced
and adopted at a regular meeting provided by law, of the City
Council of the city of Anaheim held on the 20~h day of April, 1993
by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER certify that the Mayor of the City of Anaheim signed
said Resolution No. 93R-61 on the 21stday of April, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Anaheim this 21st day of April, 1993.
~ CITY CITY OF ANAHEIM
(SEAL)
I, Leonora N. Sohl, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 93R-
61 duly passed and adopted by the Anaheim City Council on April 20,
1993.
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