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88-012CITY OF ANAHEIM RZSOLUTION NO. 88R-12 RESOLUTION OF THE CITY COUNCIL OF THE CIT~ OF ANAHEIM, C~LTFORNIA, ACCEPTING A BID FOR THE PURCHASE OF ITS $5,000,000 WATER REVENUE BOND~, 1988 SERIES; REJECTING ALL OTHER BIDS; APPROVING THE FOR~ OF THE OFFICIAL STA'rF~MEN~; AND TAKING CERTAIN RELATED ACTION W~EREAS, 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 require- ments of law has heretofore adopted, on December 15, 1987, Resolution No. 87R-521 (the "Proposal Resolution"), entitled: "Resolution of the City Council of the City of Anaheim, California Authorizing the Invitation of Proposals for the Purchase of $5,000,000 Water Revenue Bonds, 1988 Series, of Said City; Approving the Form of the Official Bid Form, the Notice of Sale, the Notice of Intention to Sell Bonds and the Preliminary Official Statement; and Authorizing the Publication of the Notice of Intention to Sell Bonds and the Notice of Sale"; and WHEREAS, this City Council, in compliance with all require- ments of law has heretofore adopted Resolution No. 88R-11 (the "Bond Resolution"), entitled: "Resolution of the City Council of the City of Anaheim, California, Authorizing the Issuance of $5,000,000 Water Revenue Bonds, 1988 Series, of the City and Providing the Terms and Conditions of such Bonds"; and W~EREAS, this City Council deems it necessary to sell at this time $5,000,000 principal amount of Bonds as authorized by the Bond Resolution. NOW, TI%F~{EFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. Compliance with Conditions Precedent. Ail 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 of Sale. 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 of Sale was published as required by the Proposal Resolution. Pursuant to the Notice of Sale and the Notice of Intention to Sell Bonds, proposals have been received, opened, read and examined. Section 3. Successful Bidder. The proposal for the pur- chase 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. Ail Other Proposals Rejected. Ail proposals other than the one accepted pursuant to Section 3 hereof are rejected. Section 5. Interest Rates on the Bonds. The Bonds shall be payable in the Principal Amounts (as either maturities or Sinking Fund Installments) and shall bear interest at the rates as set forth in the accepted proposal and the Bond Resolution. Section 6. Purchase Price for the Bonds. T h e P u b 1 i c Utilities General Manager is hereby authorized and directed to deliver the Bonds to the successful bidder upon payment of $ 4,952,317.10 therefor, plus accrued interest from January 1, 1988 to the date of delivery of the Bonds. Section 7. Ratification. Ail 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. T h e f i n a 1 Official Statement dated January 12, 1988 (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 shall approve (such approval to be conclu- sively evidenced by the execution and delivery thereof by the Public Utilities General Manager), be and the same 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 -2- make the statements therein not misleading. The Mayor, the City Manager and the Public Utilities General Manager are hereby autho- rized 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 Furnished. 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 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. 1988. ADOPTED, SIGNED AND APPROVED this twelfth, day of January, (SEAL) ATTEST: City Clerk Mayor -3- CLERK STATE OF CA-L£F0~iA ) COUNTY OF OR. GE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-12 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of January, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL M~24B ~ERS. None AND i FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-12 on the ±2th day of January, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim thisl2th day of January, 1988. CITY CLERK OF THE CITY OF ANAHEIM I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-12 duly passed and adopted by the Anaheim City Council on January 12, 1988. CiTY CLERK OF THE CITY OF ANAHEIM OFFICIAL BID FORM Proposal For the Purchase of $5,000,000 City of Anaheim, California Water Revenue Bonds, 1988 Series January 12, 1988 Office of the City Clerk City of Anaheim Room 217 200 South Anaheim Boulevard Anaheim, California 92805 Ladies and Gentlemen: On behalf of the undersigned and any underwriting syndicate which we have formed, and in accordance with the terms and conditions of the attached Notice of Sale. dated December 28, 1987. which is hereby made a part of this proposal, we offer to purchase all of $5.000.000 aggregate principal amount of City of Anaheim. California Water Revenue Bonds. 1988 Series, to be dated January 1. 988 and we will pay as the purchase ($'4,q~-~, 3 ~. m), at the time of delivery, in immediately available Federal Reserve Funds, plus accrued interest from January 1, 1988 to the delivery date of the Bonds. We enclose herewith a certified or bank cashier's or treasurer's check, drawn upon a California bank or trust company, in the amount of $50,000, payable to the order of the City of Anaheim, California, which check is to be applied or returned in accordance with the Notice of Sale. SCHEDULE OF PRINCIPAL AMOUNTS AND INTEREST RATES The Bonds shall be payable in the Principal Amounts (as either maturities or Sinking Fund Installments) and shall bear interest at the rates set forth in the following schedule: Due Principal Interest Due Principal Interest October I Amount Rate October I Amount Rate 1989 ............. $ 85,000 ~. 30 % 2001 ............. $190,000 '~./0 1990 ............. 90,000 6,. 30 % 2002 ............. 200,000 7' /~'% 1991 ............. 100,000 G, :~O % 2003 ............. 215,000 '~.~-0 1992 ............. 105,000 ~, 30 % 2004 ............. 235,000 1993 ............. 110,000 G. 30 % 2005 ............. 250,000 '7' 30 1994 . 120,000 L~. 3~ % 2006 ............. 270.000 '7.~ 1995 ............. 125,000 G. ~0 % 2007 ............. 290,000 "7,'-/~ 1996 ............. 135,000 6. ,4~ % 2008 ............. 315.000 ")' 1997 ............. 145,000 (.,. ~0 % 2009 ............. 340,000 '7. b-~O 1998 ............... 155,000 (o · '~'~ % 2010 ............. 365,000 1999 ............. 165,000 ~'r40 % 2011 ............. 395,000 2000 ............. 175,000 -~, 00 % 2012 ............. 425.000 '7,60 TERM BONDS The following schedules are for the purpose of designating any mandatory Sinking Fund Installment dates in bids for the Bonds. The Sinking Fund Installments to be made on such dates are indicated in the schedule above as Principal Amounts. Sinkin~ Fund Installment Dates From October l, to October I, From October 1, to October 1. From October 1, to October 1, Ferm Bond Maturity October I, October 1, October I, The closing documents referred to in the Notice of Sale are to include certificates, dated as of the date of thc delivery, of the Bonds, with reference to the Official Statement, as provided therein, and stating that there is no litigation pending or, to the knowledge of the signer of such certificate, threatened affecting the validity of the bonds. We hereby agree to provide the City, prior to closing, the information regarding the initial prices at which Bonds were sold, as provided for in the Notice of Sale. t Bidder By:, Title (No addition or alteration except as provided above, is to be made to this bid lbrm and it must not be detached from the Notice of Sale.) The following is provided for information only and is not a part of this bid: The total amount of interest payable on the Bonds during the life of the issue under this proposal, without deducting the premium bid, if any, is $/-.ej 0'7'7, c~O g~, %~21. The true interest rate for the Bonds, calculated as described in the Notice of Sale, is ~" 3-]~ g' %. The above mentioned check has been returned and receipt thereof is duly acknowledged. By__ Title. Bidder