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Resolution 13083CITY OF ALAMEDA RESOLUTION NO. 1 3 0 8 3 APPROVING MATTERS AND AGREEMENTS RELATING TO THE ISSUANCE AND SALE OF REVENUE BONDS BY THE ALAMEDA PUBLIC FINANCING AUTHORITY TO REHNANCE 1997 REVENUE BONDS (MARINA VILLAGE ASSESSMENT DISTRICT BOND REFINANCING) WHEREAS, the Alameda Public Financing Authority (the "Authority") has previously issued its Alameda Public Financing Authority 1997 Revenue Bonds (Marina Village Assessment District Bond Refinancing) in the aggregate principal amount of $37,850,000 (the "1997 Bonds") for the purpose of acquiring three issues of the bonds (collectively, the "Assessment Bonds") issued by the City of Alameda (the "City"), consisting of (a) the City of Alameda Improvement Bonds, Marina Village Assessment District No. 84-3, Series 86-1 (Reassessment and Refunding for 1986), (b) the City of Alameda Improvement Bonds, Marina Village Assessment District No. 84-3, Series 86-2, and (c) the City of Alameda Limited Obligation Improvement Bonds, City of Alameda, Marina Village Assessment District 89-1, Series 89-1; and WHEREAS, in order to realize a:" 'itional interest rate savings the L' `.1-Lority has determined to issue its Alameda Public Financing Authority 1999 Revenue Bonds (1997 Revenue Bond Refinancing) in the aggregate principal amount of not to exceed $39,000,000 (the "Bonds") for the purpose of providing funds to refund the 1997 Bonds; and WHEREAS, the City Council wishes at this time to approve certain documents and actions relating to the issuance and sale of the Bonds and the refunding of the 1997 Bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda as foll ows: Section 1. Approval of Bond Issuance. The City Council hereby approves the issuance by the Authority of its Bonds in the maximum aggregate principal amount of $39,000,000 under the Bond Law, for the purpose of refinancing the outstanding 1997 Bonds in full. Section 2. Approval of Related Financing Document. The City Council hereby approves the Amended and Restated Agreement Relating to Assessment Bond Refunding dated as of January 1, 1999 (the "Amended Refunding Agreement"), by and among the City, the Authority and the City of Alameda Community Improvement Commission, in substantially the foiin thereof on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Finance Director, and the execution thereof by the City Manager or the Finance Director (each, an "Authorized Officer") shall be conclusive evidence of such approval. The City Council hereby authorizes and directs an Authorized Officer to execute, and the City Clerk to attest and affix the seal of the City to, the final form of the Amended Agreement. The City Council hereby authorizes the delivery and performance of the Amended Agreement. Section 3. Approval of Official Statement. The City Council hereby approves, and hereby deems nearly final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934, the preliminary Official Statement describing the Bonds in substantially the foiin on file with the City Clerk. The Finance Director is hereby authorized to execute an appropriate certificate stating the City Council's determination that the Preliminary Official Statement has been deemed nearly final within the meaning of such Rule. Distribution of the preliminary Official Statement in connection with the sale of the Bonds is hereby approved. The Finance Director is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement, and the execution thereof by the Finance Director shall be conclusive evidence of the approval of any such changes and additions. The City Council hereby authorizes the distribution of the final Official Statement by Stone & Youngberg LLC as underwriter of the Bonds. The final Official Statement shall be executed in the name and on behalf of the City by the Finance Director. Section 4. Official Actions. The Mayor, the City Manager, the Finance Director, the City Clerk and all other appropriate officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this resolution and the financing herein authorized. Whenever in this resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. Section 5. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. ******** 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 5th day of January , 1999, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, and President Appezzato - 4. NOES: None. ABSENT: Councilmember Kerr -1. ABSTENTIONS: None.. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of January , 1999. IA Diane Felsch, City C erk City of Alameda