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90-294 CITY OF i~NAHEIM RESOLUTION NO. 90R-294 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIMv C~LIFORNIA, ACCEPTING A BID FOR THE PURCHASE OF ITS $9,000~000 WATER REVENUE BONDS~ 1990 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 July 10, 1990, Resolution No. 90R-238 ("Resolution No. 90R-238"), entitled: "Resolution of the City Council of the City of Anaheim, California Authorizing the Invitation of Proposals for the Purchase of $9,000,000 Water Revenue Bonds, 1990 Series of Said city; Approving the Form of the Official Bid Form, the Notice Inviting Bids, 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 Inviting Bids"; and WHEREAS, this City Council, in compliance with all requirements of law has heretofore adopted, on July 24, 1990, Resolution No. 90R-278 (together with Resolution No. 90R-238, the "Proposal Resolution"), entitled: "Resolution Amending Resolution No. 90R-238 to Change Date for Receiving Bids for Water Revenue Bonds, 1990 series"; and WHEREAS, this City Council, in compliance with all requirements of law has heretofore adopted Resolution No. 90R-293 (the "Bond Resolution"), entitled: "Resolution of the City Council of the City of Anaheim, California, Authorizing the Issuance of $9,000,000 Water Revenue Bonds, 1990 Series, of the City and Providing the Terms and Conditions of such Bonds"; and WHEREAS, this City Council deems it necessary to sell at this time $9,000,000 principal amount of 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 8ell 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 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. The Bonds shall be delivered to the successful bidder upon payment of $8,910,000 therefor, plus accrued interest from July 1, 1990 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 S. Official Statement Approved. A final Official Statement dated August 14, 1990 (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 any Public Utilities Assistant General Manager shall approve (such approval to be conclusively evidenced by the execution and delivery thereof by the Public Utilities General Manager or a Public Utilities Assistant 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 or any Public Utilities Assistant 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 fourteenth day of August, 1990. (SEAL) ATTEST: ~ city Cler 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. 90R-294 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of August, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler 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. 90R-294 on the 15th day of August, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of August, 1990. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-294, duly passed and adopted by the Anaheim City Council on August 14, 1990. ~ITY CLERK OF OF ANAHEIM OFFICIAL BID FORM EXHIBIT A Proposal For the Purchase of $9,000,000 City of Anaheim, California Water Revenue Bonds, 1990 Series August 14, 1990 Office of the City Clerk City of Anaheim Room 217 200 South Anaheim Blvd. Anaheim, California 92805 Ladies and Gentlemen: On behalf of an under~vviting syndicate which we have formed, headed by the undersigned, and in accordance with the terms and conditions of the attached Notice Inviting Bids, dated July 26, 1990, which is hereby made a part of this proposal, we offer to purchase all of the $9,000,000 aggregate principal amount of City of Anaheim, California Water Revenue Bonds, 1990 Series (the "Bonds"), to be dated July 1, 1990 ~ind we will pay as the purchase price therefore, the aggregate sum of ~tCw~plT ~'~ l ~-t O~ All tV~' ;~dA/~)f~5.g) ~'~t4 7740~.%4-,o~ · Dollars ($ ~Jz q/~ 000. O0 ), at the time of delivery, in immediately available Fed- eral Reserve Funds, plus accrued interest from July 1, 1990 to the delivery date of the Bonds. SCHEDULE OF PRINCIPAL INSTALLMENTS AND INTEREST RATES The Bonds shall be payable in the Principal Amounts (as either maturities ¢c Sinking Fund Installments) and shall bear interest at the rates set forth in the following schedule: Due Pr~nclpal Interest Due Principal Interest October 1 Amount* Rate October 1 Amount* Rate 1992 ...... $150,000 ~. Z__~o 2005 ....... $340,000 1993 ....... 155,000 ~____~ 2006 ....... 365,000 1994 ....... 165,000 2007 ...... 390,000 1995 ....... 180,000 2008 ....... 415,000 1996 ....... 190,000 ~,. 7. g' 2009 ...... 445,000 '~_ 0 1997 ....... 200,000 ~, 35 2010 ....... 480,000 ~ oo 1998 ....... 215,000 ~oq.)' 2011 ....... 510,000 1999 ....... 230,000 ~. 5~' 2012 ....... 550,000 2000 ....... 245,000 ~,. b $' 2013 ....... 590,00~) 7- O0 2001 ....... 260,000 ~ 2014 ....... 630,000 2002 ....... 280,000 2015 ....... 675,000 '~. 2003 ....... 295,000 ~. ~O 2016 ....... 725,000 2004 ....... 320,000 ~, 90 * The bidder may stipulate the Principal Amounts as Sinking Fund Installments in the space provided herein under "Term Bonds." If'the Principal Amounts are stipulated as Sinking Fund Installments, indicate the rate of interest for the Term Bond(s) next to all such Principal Amounts. TERM BONDS The following schedules are for the purpose of designating any mandatory Sinking Fund Install* ment 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. Sinking Fund Installment Due Term Bond Maturity From October i,~-.~' to October 1, ~)/~) October 1, ~-~9! ~ From October 1,2o[! to October 1, ~Q/~ October 1, 2o~ From October 1, __ to October 1, __ October 1, __ We enclosed herewith a certified, bank cashier's or treasurer's check, drawn on a California bank or trust company in the amount of $90,000, payable to the order of the City ~-.f Anaheim, California, which check is to be applied as partial payment for the Bonds or returned to us in accordance with the terms outlined in the Notice Inviting Bids. Accepted and agreed to Respectfully submitted, August 14, 1990 Lehman Brothers The City of Anaheim (~ ~~ ~ By By B~adford S. Thi~ Title Title Vice President The following is for information only and is not part of this bid: The toiml amount of interest payable on the Bonds during the life of the issue under this Proposal is $ /4 ~77/ 273. ;..~' . For the I~urpose of determining such amount of interest, the Bonds are deemed to mature in the amounts and on the dates set forth in the Schedule of Principal Amounts contained in the Notice Inviting Bids. Effective interest rate for the Bonds calculated as described in the Notice Inviting Bids is 7. OZZ& %. The above mentioned check has been returned and receipt thereof is duly acknowledged. Bidder By Title LIST OF SYNDICATE MEMBERS (Subject to change by the bidder prior to delivery of the Bonds) Lehman Brothers ) ) Co-Managers Stone & Youngberg ) 3