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Resolution 13175CITY OF ALAMEDA RESOLUTION NO. 13175 APPROVING PUBLIC UTILITIES BOARD ACTION AND AUTHORIZING EXECUTION, SALE AND DELIVERY OF CERTIFICATES OF PARTICIPATION IN CERTAIN INSTALLMENT SALE FINANCING DOCUMENTS WITH THE ALAMEDA PUBLIC IMPROVEMENT CORPORATION IN THREE SERIES AS FOLLOWS: I. NOT TO EXCEED $13,000,000 AGGREGATE PRINCIPAL AMOUNT OF ELECTRIC REVENUE CERTIFICATES OF PARTICIPATION, SERIES 2000A, FOR THE EXPANSION AND IMPROVEMENT OF THE ELECTRIC SYSTEM AND THE REFINANCING OF OUTSTANDING INSTALLMENT SALE OBLIGATIONS OF ALAMEDA POWER & TELECOM (BEING THE CITY OF ALAMEDA ACTING BY AND THROUGH ITS BUREAU OF ELECTRICITY) II. NOT TO EXCEED $40,000,000 AGGREGATE PRINCIPAL AMOUNT OF DISTRIBUTION SYSTEM REVENUE TAXABLE CERTIFICATES OF PARTICIPATION, SERIES 2000AT, FOR THE PARTIAL DEFEASANCE OF CERTAIN OBLIGATIONS OF ALAMEDA POWER & TELECOM (BEING THE CITY OF ALAMEDA ACTING BY AND THROUGH ITS BUREAU OF ELECTRICITY) WITH RESPECT TO THE NORTHERN CALIFORNIA POWER AGENCY III. NOT TO EXCEED $20,500,000 AGGREGATE PRINCIPAL AMOUNT OF TELECOM SYSTEM TAXABLE REVENUE CERTIFICATES OF PARTICIPATION, SERIES 2000B, FOR THE ACQUISITION, CONSTRUCTION, EQUIPPING AND STARTUP OF A CITYWIDE HYBRID FIBER - OPTIC /COAXIAL TELECOM SYSTEM WHEREAS, the Public Utilities Board of the City of Alameda (the "Public Utilities Board ") has determined, as part of its strategic plan to enhance customer service and revenues of Alameda Power & Telecom (as the Bureau of Electricity of the City of Alameda, "AP &T "), to finance, acquire, construct, equip and start up a telecom system (the "Telecom System ") in the City of Alameda; and WHEREAS, the Public Utilities Board and the Alameda Public Improvement Corporation, after feasibility studies and market analysis, have both found that the Telecom System as proposed to be acquired, constructed, equipped and operated, together with AP &T's right to sell the Telecom System to SIGCORP Communications Services and available reserves, is financially feasible and can be managed so as to avoid any material adverse effect on AP &T's electric business; and WHEREAS, the Public Utilities Board has found it to be financially advantageous to finance the Telecom System concurrently with the partial defeasance of certain electric system stranded costs, in the form of certain obligations of AP&T with respect to the Northern California Power Agency, and with the financing of certain improvements to AP&T's electric distribution system and the refinancing of certain outstanding installment sale obligations with respect to AP&T's transmission facilities; and WHEREAS, the Public Utilities Board adopted its Resolution No. 4410 approving, authorizing and directing execution of certain financing documents, approving installment purchase agreements, preliminary official statements, conveyance agreements, trust agreements and authorizing and directing certain actions with respect thereto on December 13, 1999; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby ORDERS and DETERMINES that the actions taken by the Public Utilities Board, as evidenced in Public Utilities Board Resolution No.4410, approving, authorizing and directing execution and delivery of documents related to the installment sale financings be, and they are hereby, ratified, confirmed and approved in all respects. 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 the Special Joint City Council and Public Improvement Corporation Meeting assembled on the 18th day of January , 2000, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt and Johnson - 3. NOES: Councilmember Kerr and Mayor Appezzato - 2. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of January 2000. Dune Felsch, City Clerk City of Alameda