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2021-045 - Approving the Form of a Preliminary Official Statement
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2021-045 - Approving the Form of a Preliminary Official Statement
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Last modified
8/18/2021 4:08:08 PM
Creation date
8/18/2021 4:07:28 PM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2021-045
Item #
40
Date
8/17/2021
Destruction Year
P
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WHEREAS, a judgment was entered in the Validation Proceeding determining that <br />the Bonds and the Trust Agreement will be valid and legal obligations of the City; <br />WHEREAS, the City Council has determined that it is in the best interests of the <br />City and its residents to proceed with the issuance of the Bonds and the sale thereof to <br />the underwriters named in the Bond Purchase Agreement; <br />WHEREAS, Rule 15c2-12 promulgated under the Securities Exchange Act of <br />1934, as amended ('Rule 15c2-12"), requires that, in order to be able to purchase or sell <br />the Bonds, the underwriters thereof must have reasonably determined that the City has <br />undertaken in a written agreement or contract for the benefit of the holders of the Bonds <br />to provide disclosure of certain financial information and operating data and certain events <br />on an ongoing basis; <br />WHEREAS, in order to cause such requirement to be satisfied, the City desires to <br />execute and deliver a Continuing Disclosure Certificate (the "Continuing Disclosure <br />Certificate") in connection with the issuance of the Bonds; <br />WHEREAS, Rule 15c2-12 also requires that, in order to offer the Bonds for sale to <br />the public, the underwriters must receive a disclosure document with respect to the Bonds <br />and the City; <br />WHEREAS, in order to cause such requirement to be satisfied, the City has <br />prepared a Preliminary Official Statement (the "Preliminary Official Statement') in <br />connection with the issuance of the Bonds; and <br />WHEREAS, all acts, conditions and things required by the laws of the State of <br />California to exist, to have happened and to have been performed precedent to and in <br />connection with the consummation of the financing authorized hereby do exist, have <br />happened and have been performed in regular and due time, form and manner as <br />required by law, and the City is now duly authorized and empowered, pursuant to each <br />and every requirement of law, to consummate such financing for the purpose, in the <br />manner and upon the terms herein provided; <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa <br />Ana as follows: <br />Section 1. The City Council does hereby find and declare that the above recitals <br />are true and correct. <br />Section 2. The City Council hereby reaffirms its approval of the issuance of the <br />Bonds upon the terms and conditions set forth in the Prior Resolution and authorizes staff <br />to proceed with a public sale of the Bonds. <br />Section 3. The form of Preliminary Official Statement presented at this meeting, <br />with such changes, insertions and omissions therein as may be approved by the Mayor <br />of the City, or such member of the City Council as the Mayor may designate, the City <br />Resolution No. 2021-045 <br />Page 2 of 4 <br />
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