Loading...
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