Resolution 101609/06/83
OR
RESOLUTION NO. 10160
A RESOLUTION APPROVING PRELIMINARY OFFICIAL
STATEMENT, AND AUTHORIZING AND DIRECTING
CERTAIN ACTIONS WITH RESPECT THERETO
RESOLVED, by the City Council of the City of Alameda, as follows:
WHEREAS, the City of Alameda (the "City ") has duly authorized and
directed execution of the various documents relating to the lease - purchase
financing of equipment to be leased by the City, and the execution and
delivery of Certificates of Participation (the "Certificates ") in the lease
payments to be made by the Cities of Alameda, Concord, Hayward and Union City
(the "Cities ") to the Association of Bay Area Governments (the "Association ");
and
WHEREAS, pursuant to the City's authorization, Kelling & Co. (Merrill
Lynch White Weld Capital Markets) (Merrill Lynch, Pierce, Fenner and Smith,
Inc.) (the "Underwriters ") have prepared and presented to this City a
Preliminary Official Statement containing information material to the offering
and sale of the Certificates; and
WHEREAS, the members of the City Council of this City, with the aid of
its staff, have reviewed the Preliminary Official Statement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda, California, that:
SECTION 1. To the best of the City Council's knowledge, information and
belief, the Preliminary Official Statement contains no untrue statement of a
material fact or omits to state a material fact required to be stated where
necessary to make a statement not misleading in the light of the circumstances
under which it was made, provided, however, that the Preliminary Official
Statement does not contain final interest rates on the Certificates.
SECTION 2. The Preliminary Official Statement is approved for
distribution in the offering and sale of Certificates of Participation
evidencing a proportionate interest of the holder thereof in Lease Payments to
be made by the Cities under the Lease- Purchase Agreements.
SECTION 3. The Director of Finance is authorized to approve corrections
and additions to the Preliminary Official Statement by supplement or amendment
thereto, or otherwise as appropriate, provided that any such corrections or
additions shall be necessary to cause the information contained therein to
conform with facts material to the Certificates, or to the proceedings of the
City or such corrections or additions are in form rather than in substance.
SECTION 4. The Director of Finance is authorized and directed to cause
the Preliminary Official Statement to be placed in the form of a Final
Official Statement by inserting additional information as deemed appropriate;
and to execute said Final Official Statement, dated as of the date of the sale
of the Certificates, and a statement that the facts contained in the Final
Official Statement, and any supplement or amendment thereto (which shall be
deemed an original part thereof for the purpose of such statement) were, at
the time of sale of the Certificates, true and correct in all material
respects and that the Final Official Statement did not, on the date of sale of
the Certificates, and does not, as of the date of delivery of the
Certificates, contain any untrue statement of a material fact or omit to state
material facts required to be stated where necessary to make a statement not
misleading in light of the circumstances under which it was made. The Finance
Director shall take such further actions prior to the signing of the statement
as are deemed necessary or appropriate to verify the accuracy of the statement.
* * * * * * * * * * * * **
I hereby certify that the foregoing resolution was duly adopted at a
meeting of the City Council of the City of Alameda duly held on the 20thday
of September, 1983, by the following vote:
AYES, and in favor of, Councilmembers:
NOES, Councilmembers: None.
ABSENT, Councilmembers:
Hanna, Lucas, Monsef and President
Diament - 4.
Councilmember Gor an
1
2