RES-2021-043CITY OF ANAHEIM
RESOLUTION NO. 2021-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A PLAN OF FINANCE FOR THE ISSUANCE OF
CALIFORNIA MUNICIPAL FINANCE AUTHORITY SOLID WASTE
DISPOSAL REVENUE BONDS IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $703,700,000 FOR THE PURPOSE OF
FINANCING AND REFINANCING THE ACQUISITION,
CONSTRUCTION, INSTALLATION, REHABILITATION,
IMPROVEMENT AND/OR EQUIPPING OF SOLID WASTE DISPOSAL
FACILITIES BY REPUBLIC SERVICES, INC. AND CERTAIN
AFFILIATES THEREOF, AND CERTAIN OTHER MATTERS RELATING
THERETO
WHEREAS, Republic Services, Inc., a corporation duly organized and existing under
the laws of the State of Delaware, and/or affiliates thereof (collectively, the "Borrower"), has
requested that the California Municipal Finance Authority (the "Authority") issue exempt facility
bonds for qualified solid waste disposal facility projects pursuant to section 142(a)(6) of the
Internal Revenue Code of 1986 (the "Code") in one or more series from time to time in an
aggregate principal amount not to exceed $703,700,000 (the "Bonds"); and
WHEREAS, a portion of the proceeds of the Bonds, in a principal amount not expected
to exceed $18,000,000 (including up to $5,000,000 in new money bonds), will be used to finance
and/or refinance certain capital projects at a facility located in the territorial limits of the City of
Anaheim (the "City") at Taormina Industries, Inc., 1131 N. Blue Gum St., Anaheim, CA 92806,
currently owned and/or operated by Republic Waste Services of Southern California, LLC, an
affiliate of Republic Services, Inc.; and
WHEREAS, the projects to be financed and/or refinanced at such facility (collectively,
the "Project") include: (a) improvements to existing landfill facilities, including construction of
new disposal cells and liners within currently permitted acreage, (b) additions and improvements
to the leachate collection and treatment system, including leachate trenching, (c) additions and
improvements to the methane gas systems, (d) installation of new liners for intermittent and final
closure of completed sections of the landfill facilities, (e) site improvements, (f) acquisition of
equipment to be used at the landfill facilities, and (g) acquisition of other equipment and assets
necessary to support the foregoing improvements and to place them into service; and
WHEREAS, pursuant to Section 147(f) of Code, the issuance of the Bonds by the
Authority must be approved by an "applicable elected representative" of the governmental unit
in which the Project is situated; and
WHEREAS, the City Council of the City (the "City Council") is the elected legislative
body of the City and is an "applicable elected representative" for purposes of approving the
issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of
the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f)
of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement
Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the
"Agreement"), among certain local agencies, including the City; and
WHEREAS, the Authority has advised that the Bonds may be issued pursuant to a "plan
of finance" and that, for purposes of this resolution, the plan of finance consists of a general plan
of the Authority and the Borrower to monitor capital markets and the capital needs of the
Borrower within the City and, if market conditions warrant, issue one or more additional series
of Bonds in an aggregate principal amount not to exceed $703,700,000 to finance and/or
refinance the Project within the three-year period commencing on the date of the issuance of the
first series of Bonds pursuant to this resolution; and
WHEREAS, the Bonds may also finance and/or refinance projects of the Borrower
located outside of the City but any such projects outside of the City would be required to be
approved by the applicable elected representatives of the governmental units in which such
projects are situated, pursuant to Section 147(f) of the Code; and
WHEREAS, pursuant to Section 147(f) of the Code and Section 6586.5 of the
Government Code of the State of California, the City Council has, following notice duly given,
held a public hearing regarding the Project and the plan of finance for the issuance of the Bonds,
and now desires to approve the Project and the plan of finance for the issuance of the Bonds by
the Authority;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Anaheim as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council hereby approves the plan of finance for the issuance of the
Bonds by the Authority. It is the purpose and intent of the City Council that this resolution
constitute approval of the issuance of the Bonds by the Authority, for the purposes of
(a) Section 147(f) of the Code by the applicable elected representative of the governmental unit
having jurisdiction over the area in which the Project is located, in accordance with said
Section 147(f) and (b) Section 4 of the Agreement.
Section 3. The City finds that the actions authorized hereby regarding the financing of
the Project will result in more efficient delivery of City services to residential and commercial
development to produce significant public benefits.
Section 4. The officers of the City are hereby authorized and directed, jointly and
severally, to do any and all things and to execute and deliver any and all documents which they
deem necessary or advisable in order to carry out, give effect to and comply with the terms and
intent of this resolution and the financing transaction approved hereby.
2
Section 5. This resolution shall take effect immediately upon its adoption.
THE FOREGOING RESOLUTION IS APPROVED AND ADOPTED by the City
Council of the City of Anaheim this 11 day of Mav , 2021, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz,
Brandman, Moreno, Valencia, and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
OF ANAHEIM
THE "UITY [)F ANAHEIM
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
yl
Br i Mor y
Dep ' City Attorney
[SEAL]
ATTEST:
By
ERK OF THE CITY OF ANAHEIM
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2021-043 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 11th day of May, 2021 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia,
and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of May. 2021._
CIPCLER�KOF THE CITY OF ANAHEIM
(SEAL)