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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, ALAMEDA <br /> <br /> RESOLUTION NO. 04-089 <br /> <br />RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />PLEASANTON APPROVING AN INDENTURE OF TRUST, A <br />CONTINUING DISCLOSURE AGREEMENT, ESCROW <br />INSTRUCTIONS, A NOTICE OF SALE AND AN OFFICIAL <br />STATEMENT; MAKING CERTAIN DETERMINATIONS <br />RELATING THERETO; AND AUTHORIZING CERTAIN OTHER <br />ACTIONS IN CONNECTION THEREWITH AND IN <br />CONNECTION WITH THE ISSUANCE OF THE CITY'S WATER <br />REVENUE REFUNDING BONDS, SERIES 2004 <br /> <br />WHEREAS, the City of Pleasanton (the "City") is a municipal corporation duly organized and validly <br /> existing under the laws of the State of California; and <br /> <br />WHEREAS, <br /> <br />the City is authorized under Articles 10 and 11, Division 2, Title 5 (commencing with <br />Section 53570) of the California Government Code, as amended (the "Act"), to issue <br />revenue bonds in connection with the refinancing of certain public capital improvements <br />and its obligations in connection with the Pleasanton Joint Powers Financing Authority <br />Refunding Water and Sewer Revenue Bonds, 1994 Series A (the "1994 Obligations"); <br />and <br /> <br />WHEREAS, <br /> <br />the City desires to issue, sell and deliver its Water Revenue Refunding Bonds, Series <br />2004 ("the "Bonds"), in the principal amount set forth herein in order to refinance a <br />portion of the 1994 Obligations, which Bonds shall be payable solely from payments to <br />be made by the City under and pursuant to an indenture of trust, all under and in <br />accordance with the Constitution and laws of the State of California, including the Act; <br />and <br /> <br />WHEREAS, <br /> <br />there have been presented at this meeting forms of an Indenture of Trust, Escrow <br />Instructions, a Notice of Sale, a Continuing Disclosure Agreement and a Preliminary <br />Official Statement (as defined herein). <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES AS <br />FOLLOWS: <br /> <br />Section 1: <br /> <br />Approval of Indenture of Trust. The form of Indenture of Trust, currently dated as of <br />December 1, 2004 (the "Indenture"), between the City and U.S. Bank National <br />Association (the "Trustee"), as presented to this meeting is hereby approved. The City <br />Manager or the Director of Finance (or their designated representative), each acting <br />alone (collectively the "Officers"), and the City Clerk are hereby authorized and <br />directed, for and on behalf of the City, to execute, acknowledge and deliver the <br />Indenture, in substantially the form presented to this meeting, with such changes therein <br />as such Officers may require or approve, with the advice and approval of the City <br />Attorney and Nossaman, Guthner, Knox & Elliott, LLP ("Bond Counsel"), such <br /> <br /> <br />