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APFA 1993-4RESOLUTION NO. APFA 93-4 RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANAHEIM PUBLIC FINANCING AUTHORITY AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AHOUNT OF BONDS OF SAID AUTHORITY; APPROVING A NOTICE INVITING BIDS RELATING TO THE BONDS AND A NOTICE OF INTENTION TO SELL BONDS; AND AUTHORIZING THE DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT WHEREAS, the City of Anaheim (the "City") and the Anaheim Redevelopment Agency have heretofore entered into a Joint Exercise of Powers Agreement establishing the Anaheim Public Financing Authority (the "Authority") for the purpose, among others, of issuing the Authority's bonds to be used to provide financial assistance to the City; and WHEREAS, it has been proposed that the Authority assist the City in the financing of the replacement, construction and/or reconstruction of the City's Lenain Filtration Plant and related facilities, including additions and improvements thereto; and WHEREAS, this Board of Directors deems it necessary and proper that proposals be invited for the purchase of not to exceed $20,000,000 aggregate principal amount of Anaheim Public Financing Authority Revenue Bonds, 1994 Series (City of Anaheim Water Utility Lenain Filtration Plant Project) (the "Bonds"), and that the Bonds be sold in the manner described below; NOW, THEREFORE, the Board of Directors of the Anaheim Public Financing Authority, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. Sealed proposals for the purchase of the Bonds 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 Bonds or at such other dates and times as shall be determined by the Manager. SECTION Z. 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 of the City 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. LA01 \1080\11205.3 96601.21 SECTION 3. The Manager is hereby authorized to approve a Notice of Intention to Sell Bonds (such approval to be conclusively evidenced by the publication thereof). The City Clerk of the City is hereby authorized and directed to cause the Notice of Intention to Sell Bonds to be distributed to prospective bidders for the Bonds upon their request. The City Clerk of the City is hereby authorized and directed to cause such notice to be published once, at least fifteen (15) days prior to the earliest date for receiving proposals stated therein, in The Bond Buyer, a financial publication circulated throughout California, with such changes, insertions and omissions as the Manager or the City Clerk of the City shall approve, such approval to be conclusively evidenced by such publication of the Notice of Intention to Sell Bonds. SECTION 4. The Manager may withdraw or modify the Notice Inviting Bids 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 and 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 of the City is hereby authorized to redistribute or republish the Notice Inviting Bids and the Notice of Intention to Sell Bonds with such modifications or revisions as are approved by the Manager. SECTION 5. 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 "Preliminary Official Statement") and the Board of Directors hereby approves the use of the Preliminary Official Statement in connection with the offering and sale of the Bonds. The Executive Director is authorized to deem the Preliminary Official Statement to be final within the meaning of Security and Exchange Commission Rule 15c2-12 subject to the completion of those items permitted by said Rule. SECTION 6. The City Clerk of the City and the Manager are authorized and directed to cause to be furnished to prospective bidders for the Bonds, upon their request, a reasonable number of copies of the Notice Inviting Bids and the Preliminary Official Statement. LA01 \1080\11205.3 94601.21 SECTION 7. This Resolution shall take effect immediately upon its adoption. THE FOREGOING RESOLUTION is approved and adopted by the Board of Directors of the Anaheim Public Financing Authority on this 14th day of December, 1993. CHAIRMAN OF T~{~ ~OARD~ DIRECTORS SECRETARY OF THE BOARD OF DIRECTORS LA01 \1080\11205.3 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL , Secretary of the Board of Directors of the Anaheim Public Financing Authority, do hereby certify that the foregoing Resolution No. APFA 93- 4 was introduced and adopted at a regular meeting provided by law, of the Board of Directors of the Anaheim Public Financing Authority held on the 14th day of December 1~93 by the following vote of the members thereof: AYES: NOES: BOARD MEMBERS: BOARD MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly None ABSENT: BOARD MEMBERS: None AND I FURTHER certify that the Chairman of the Board of Directors signed said Resolution No. APFA 93- 4 on the 15th day of Decembe~ 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Anaheim Public Financing Authority this 15th day of December , 1993. SECRETARY OF THE ANAHEIM PUBLIC FINANCING AUTHORITY (SEAL) I, LEONORA N. SOHL , Secretary of the Anaheim Public Financing Authority, do hereby certify that the foregoing is the original of Resolution No. APFA 93- 4 duly passed and adopted by the Anaheim Public Financing Authority on December 14 , 1993. S~RETARY OF THE ANAHEIM PUBLIC FINANCING AUTHORITY I. A01 \1080\11Z05.3 94601.21