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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> RESOLUTION NO. 2011 -211 <br /> A RESOLUTION AUTHORIZING THE SALE OF PENSION OBLIGATION BONDS TO <br /> REFINANCE OUTSTANDING SIDE FUND OBLIGATIONS OF THE CITY TO THE <br /> CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, APPROVING THE FINAL <br /> FORM OF RELATED FINANCING DOCUMENTS AND APPROVING OFFICIAL <br /> ACTIONS <br /> WHEREAS, the City of San Leandro (the "City ") is a contracting member of the <br /> California Public Employees' Retirement System ( "PERS "), and under its contract with PERS <br /> the City is obligated to make certain payments to PERS in respect of retired public safety <br /> employees under the Side Fund program of PERS which amortizes such obligations over a fixed <br /> period of time (the "PERS Side Fund Obligations "); and <br /> WHEREAS, the City is authorized under the provisions of Articles 10 and 11 of Chapter <br /> 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with <br /> Section 53570 of said Code (the "Bond Law "), to issue its bonds for the purpose of refunding <br /> certain outstanding obligations of the City, including the PERS Side Fund Obligations; and <br /> WHEREAS, on September 19, 2011, the City Council adopted its resolution (the <br /> "Authorizing Resolution ") authorizing the issuance of bonds under the Bond Law (the "Bonds "), <br /> to be payable from the General Fund of the City, the proceeds of which will be applied to pay the <br /> PERS Side Fund Obligations, thereby refunding the PERS Side Fund Obligations; and <br /> WHEREAS, the issuance of the Bonds has been validated by judgment of the Alameda <br /> County Superior Court; and <br /> WHEREAS, in accordance with Section 6 of the Authorizing Resolution the City Council <br /> wishes at this time to approve the final form of the documents relating to the issuance and sale of <br /> the Bonds, and to approve official actions relating to the closing of the Bonds; <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San <br /> Leandro as follows: <br /> Section 1. Approval of Bond Indenture. The City Council hereby approves the issuance of the <br /> Bonds under the Authorizing Resolution and the Bond Law in the aggregate principal amount of <br /> not to exceed $20,000,000 (the "Bonds "). The City Council hereby approves the Indenture of <br /> Trust between the City and U.S Bank National Association, as trustee, prescribing the terms and <br /> provisions of the Bonds, in substantially the form on file with the City Clerk together with any <br /> additions thereto or changes therein deemed necessary or advisable by the City Manager or the <br /> Finance Director (each, an "Authorized Officer "). An Authorized Officer is hereby authorized <br /> and directed to execute, and the City Clerk is hereby authorized and directed to attest to, the final <br />