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Resolution 12232LL CITY OF ALAMEDA RESOLUTION NO. 12232 RESOLUTION AUTHORIZING THE CITY OF ALAMEDA TO JOIN WITH OTHER PUBLIC AGENCIES AS A PARTICIPANT OF THE CALIFORNIA ARBITRAGE MANAGEMENT TRUST AND TO INVEST IN SHARES OF THE TRUST AND IN INDIVIDUAL PORTFOLIOS WHEREAS, Section 6502 of Title 1, Division 7, Chapter 5 of the Government Code of the State of California (the "Joint Exercise of Powers Act") provides that, if authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties; and WHEREAS, Under Section 6500 of the Joint Exercise of Powers Act a "public agency" includes but is not limited to any California county, county board of education, county superintendent of uJ schools, city, city and county, public corporation, public district, regional transportation commission or state department or CI agency; and 4— WHEREAS, public agencies which constitute local agencies, as that term is defined in Section 53630 of Title 5, Division 2, Part l- c) 1, Chapter 4, Article 2 of the Government Code of the State of California, are authorized pursuant to Section 53635 thereof to invest all money belonging to, or in the custody of, the local agency in certain specified investments; and WHEREAS, the California Arbitrage Management Trust (the "Trust") was established, pursuant to and in accordance with the Joint Exercise of Powers Act, by a Declaration of Trust, made as of December 15, 1989 (the "Declaration of Trust") by Monterey Peninsula Water Management District and Placer County, as the initial Participants, as a vehicle for public agencies to jointly exercise their common power to invest bond proceeds, and to secure related record keeping, custodial and Federal arbitrage rebate calculation services; and WHEREAS, pursuant to and in accordance with the Joint Exercise of Powers Act, the Public Agency desires to join the other public agencies which are or will be Participants of the Trust by adopting and executing the Declaration of Trust, a form which has been presented to this meeting; and WHEREAS, the Public Agency is a public agency as that term is defined in the Joint Exercise of Powers Act; and WHEREAS, there has been presented to this meeting an Information Statement describing the Trust and the Individual Portfolios to be managed by the Investment Advisor to the Trust (the "Information Statement"); NOW, THEREFORE, BE IT RESOLVED by the City Coucnil of the City of Alameda of the Public Agency as follows: Section 1. The City of Alameda shall join with other public agencies pursuant to and in accordance with the Joint Exercise of Powers Act by executing the Declaration of Trust and thereby becoming a Participant in the Trust, which Declaration of Trust is hereby approved and adopted. A copy of the Declaration of Trust shall be filed with the minutes of the meeting at which this Resolution was adopted. The Mayor and City Clerk are hereby authorized to execute, and the City Clerk is hereby authorized to attest and deliver, the Declaration of Trust, in substantially the form presented at this meeting. Section 2. The Finance Director on behalf of the City of Alameda is hereby authorized to purchase shares in the Trust from time to time with available bond proceeds of the City, and to redeem some or all of those shares from time to time as such proceeds are needed for the purposes for which such bonds were issued. Section 3. The Finance Director is hereby authorized to invest available bond proceeds of the City of Alameda from time to time in one or more Individual Portfolios managed by the Investment Adviser to the Trust and described in the Information Statement. Section 4. The appropriate officers, agents and employees of the City of Alameda are hereby authorized and directed in the name and on behalf of the City of Alameda to take all actions and to make and execute any and all certificates, requisitions, agreements, notices, consents, warrants and other documents, which they, or any of them, might deem necessary or appropriate in order to accomplish the purposes of this Resolution. Section 5. This Resolution shall take effect at the earliest date permitted by law. I, the undersigned, hereby certify that .the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day of April , 1992, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of April , 1992. Diane . Felsch, City Clerk City of Alameda