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Resolution Number 90-6-19-7RESOLUTION NO. 90-6-19-7 RESOLUTION OF THE CITY COUNCIL OF CITY OF SAN JUAN CAPISTRANO PROVIDING FOR THE ISSUANCE OF BONDS OF SAID CITY IN THE AMOUNT OF $4,995,000 FOR THE ACQUISITION AND CONSTRUCTION OF CERTAIN PARK, AGRICULTURAL, OPEN SPACE AND RELATED USES WHEREAS, pursuant to the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et seq.), as amended, and pursuant to Ordinance No. 656 adopted by the City Council of the City of San Juan Capistrano on January 2, 1990 (the "Ordinance") and Resolution No. 90-1-16-5 adopted by the City Council of the City on January 16, 1990, a special election was duly and regularly held on the 10th day of April, 1990, in that territory included within the boundaries of the City at which election there was submitted to the qualified voters of said city the following: PROPOSITION: Shall the City of San Juan Capistrano incur bonded indebtedness in the principal amount of $21,000,000 to acquire lands for park, agriculture, open space, and related uses, in order to save these lands from potential residential and commercial develonnent and to develop youth, senior and other community facilities, all in accordance with the City's "Save Open Space" Program? and WHEREAS, more than two-thirds of the votes cast at such election were in favor of and assented to the incurring of ® 1 such indebtedness, and all and singular the requirements of the Constitution and laws of the State of California have been complied with in the holding of said election, and the City Council of the City is now authorized and empowered to provide r - for the form of bonds of the City and for the issuance of any part thereof for the purpose provided for in the aforesaid Ordinance and resolution, payable, principal and interest, from taxes levied exclusively upon the taxable property within the City as permitted or required by law; and WHEREAS, the City has not previously issued any of said authorized bonds; and WHEREAS, it is found and determined by this City Council that the best interests of the City would be served by proceeding according to the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et seq.); and WHEREAS, it is proper and the necessity therefor appears that the first series of said bonds in the amount of $4,995,000 be issued for the purpose hereinabove stated, and in the form and manner hereinafter provided. NOW, THEREFORE, the City Council of the City of San Juan Capistrano DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. Definitions. Unless the context clearly otherwise requires, the following terms shall have the respective meanings ascribed to them in this Section 1: -2- (a) Bond Counsel. The term "Bond Counsel" means an attorney or firm of attorneys of nationally recognized standing in matters pertaining to the tax-exempt status of interest on bonds issued by states and their political subdivisions. (b) Bond Year. The term "Bond Year" means the twelve (12) month period commencing on August 1 and ending on the following July 31, except that the first Bond Year shall commence on the date on which the bonds are issued and end on July 31, 1991. (c) Closing Date. The term "Closing Date" is the date the bonds are delivered to the initial purchaser thereof. (d) Code. The term "Code" means the Internal Revenue Code of 1986, as amended. (e) Gross Proceeds. The term "Gross Proceeds" means the sum of the following amounts: (i) original proceeds, being the amounts received by City, or held by Paying Agent as proceeds of the original issuance of the bonds (after payment of all expense of issuing the bonds); (ii) investment proceeds, being amounts received at any time by City or Paying Agent, such as interest and dividends, resulting from the investment of proceeds of the bonds including profits and less losses received on such investment: (iii) amounts, other than original proceeds and investment proceeds, held in any fund or account and reasonably expected to be used to pay principal of or interest on the bonds; (iv) securities or obligations pledged as security for the payment of the bonds by an ultimate obligor 591M X52 (or a related person) or the City; (v) amounts used to pay principal or interest with respect to the bonds; and (vii) amounts received as a result of investing the amounts listed in clauses (i) through (vi). (f) Interest Payment Date. The term "Interest Payment Date" means each February 1 and August 1, commencing February 1, 1991. (g) Net Proceeds. The term "Net Proceeds" means the par amount of the bonds plus accrued interest and premium, if any, less the proceeds of the bonds applied to pay costs of issuance. (h) Nonpurpose Obligation. The term "Nonpurpose Obligation" means any security or obligation (other than an obligation on which interest is excludable from gross income for federal income tax purposes under Section 148(a) of the Code) in which Gross Proceeds are invested and which is not acquired to carry out the governmental purpose of the bonds. (i) Owner. The term "owner" or "bond owner" or "owner of bonds" or any similar term, when used with respect to the bonds, means any person in whose name a bond is registered in the books of registration maintained by the Paying Agent. (j) Paying Agent. The term "Paying Agent" means that entity to be selected by the City Treasurer as the best bidder for the position of paying agent, registrar and transfer agent San Francisco for the bonds and having an office in 4jc-&-Aircjeid'S, California, or its successor. le^ 353 1 (k) Record Date. The term "Record Date" shall mean the fifteenth day of the month preceding an Interest Payment Date. (1) Treasurer. The term "Treasurer" means the Treasurer of City. SECTION 2. Authorization to Issue. Bonds of the City in the sum of $4,995,000 be issued for the purpose stated in the proposition set out in the recitals hereof. Said bonds are further issued pursuant to the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et sem.). Said bonds shall be designated "SERIES 1990 GENERAL OBLIGATION BONDS OF THE CITY OF SAN JUAN CAPISTRANO (OPEN SPACE PROGRAM)." The bonds shall be issued in the form of fully registered bonds in the denomination of $5,000 each or any whole multiple thereof and shall mature on August 1 in the amounts for each of the years as follows: The City Treasurer is hereby authorized and directed to adjust the maturities set forth above if he deems such -5- Principal Principal Years Amount Years Amount 1991 $120,000.00 2001 $235,000.00 1992 130,000.00 2002 255,000.00 1993 135,000.00 2003 270,000.00 1994 145,000.00 2004 295,000.00 1995 155,000.00 2005 315,000.00 1996 165,000.00 2006 340,000.00 1997 175,000.00 2007 365,000.00 1998 190,000.00 2008 395,000.00 1999 205,000.00 2009 425,000.00 2000 220,000.00 2010 460,000.00 The City Treasurer is hereby authorized and directed to adjust the maturities set forth above if he deems such -5- 11 adjustment is necessary, based upon the interest rates established by the successful bidder for the bonds, to achieve, as nearly as practicable, level debt service on the bonds. The bonds shall bear interest at a rate or rates to be hereafter fixed, but not to exceed twelve percent (12%) per annum, from August 1, 1990, payable on February 1, 1991 and thereafter semiannually on each February 1 and August 1. Each bond shall bear interest until its principal sum has been paid; provided, however, that if funds are available for the payment thereof in full accordance with the terms of this Resolution, such bond shall then cease to bear interest. The bonds shall be numbered No. 1 and upwards and shall be dated as of the date of their authentication, except that bonds issued upon exchanges and transfers of other bonds shall be dated so that no gain or loss of interest shall result from the exchange or transfer. Interest on each bond shall be paid by the Paying Agent by check or draft mailed by first class mail, postage prepaid, on the Interest Payment Date to the registered owner as his/her name and address appear on the register kept by the Paying Agent at the close of business on the Regular Record Date. At the request of any owner of at least $1,000,000 in aggregate principal amount of bonds, interest on the bonds will be paid by wire transfer in immediately available funds if such request is made at least fifteen days before the Regular Record Date for such payment, any such designation to remain in effect until withdrawn. Each IM. bond shall bear interest from the Interest Payment Date next preceding the date of authentication (unless (i) the date of authentication is prior to the first Regular Record Date, in which event from August 1, 1990, (ii) the date of authentication is after a Regular Record Date and before the following Interest Payment Date, and if the City shall not default in the payment of interest due on such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated as of an Interest Payment Date, in which event it shall bear interest from such date) until the principal hereof shall have been paid. SECTION 3. Place of Payment. The bonds shall be payable in lawful money of the United States of America upon surrender thereof at the principal corporate trust office of San Francisco the Paying Agent, in Les-Ai-tqe}es, California. SECTION 4. Paying Agent. The City Treasurer is hereby authorized and directed to select an entity to act as Paying Agent for the bonds based upon the City Treasurer's determination of the best bidder for such position of those San Francisco bidders having an office in bee AagH es, California. SECTION 5 Form of Bonds. The bonds shall be substantially in the form annexed hereto as Exhibit "A". Such form is hereby approved and adopted as the form of the bonds and of the redemption, exchange, registration and assignment provisions pertaining to them, with necessary or appropriate -7- 356 variations, omissions, and insertions, as permitted or required by this Resolution. Any bonds issued pursuant to this Resolution may be initially issued in temporary form exchangeable for definitive 4, bonds when the same are ready for delivery. The temporary bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the City, shall be in fully registered form and may contain references to any of the provisions of this Resolution as may be appropriate. Every temporary bond shall be executed by the City and be issued by the Paying Agent upon the same conditions and in substantially the same form and manner as the definitive fully registered bonds. If the City issues temporary bonds, it will execute and furnish definitive bonds without delay, and, thereupon, the temporary bonds shall be surrendered for cancellation at the San Francisco principal office of the Paying Agent in Lee-ATtcfeles, California, or at such other place in California as the City may approve. The Paying Agent shall deliver in exchange for the surrendered temporary bonds an equal aggregate principal amount of definitive bonds of authorized denominations of this same issue. Until exchanged, the temporary bonds shall be entitled to the same benefits under this Resolution as definitive bonds of this same issue, except no accrued interest shall be paid on the temporary bonds until the exchange has been accomplished. 1 : -� 57 SECTION 6. Execution and Authentication of the Bonds. The bonds shall be signed on behalf of the City by its Mayor and by its Treasurer by facsimile signatures and by its Acting City Clerk by facsimile signature, and the seal of the City shall be impressed, imprinted or reproduced thereon. The foregoing officers are hereby authorized and directed to sign the bonds in accordance with this Section. If any City member or officer whose facsimile signature appears on the bonds ceases to be a member or officer before delivery of the bonds, his or her signature is as effective as if he or she had remained in office. The Paying Agent shall authenticate the bonds on registration and/or exchange to effectuate the registration and exchange provisions set forth in this Section 5, and only those bonds that have endorsed on them a certificate of authentication, substantially in the form set forth in the form of bond, duly executed by the Paying Agent, shall be entitled to any rights, benefits or security under this Resolution. No bond shall be valid or obligatory for any purpose unless and until the certificate of authentication thereon has been duly executed by the Paying Agent. The certificate of the Paying Agent upon any bond shall be conclusive and the only evidence required that the bond has been duly authenticated and delivered under this Resolution. The Paying Agent's certificate of authentication on any bond shall be deemed to have been duly executed if signed by an authorized officer of EWE a the Paying Agent, but it shall riot be necessary that the same officer sign the certificate of authentication on all of the bonds that may be issued hereunder. SECTION 7. Registration, Transfers and Exchanges. Any bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of this Section 6, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such fully registered bond for cancellation, accompanied by delivery of a written instrument of transfer in a form approved by the Paying Agent, duly executed. Whenever any bond or bonds shall be surrendered for transfer, the Paying Agent shall authenticate and deliver a new bond or bonds of the same series and maturity, for the like aggregate principal amount of bond or bonds surrendered. Bonds may be exchanged at the principal corporate San Francisco trust office of the Paying Agent in TaGs—Angpelee, California for a like aggregate principal amount of bonds of other authorized denominations of the same series and maturity. The person, firm or corporation requesting the transfer or exchange shall pay any costs or charges in connection with the transfer or exchange as are established by the Paying Agent, in addition to paying any tax or governmental charge that may be imposed in connection with the transfer or exchange. -10- n 359 SECTION 8. Registration Book. The Paying Agent will keep at its principal Corporate Trust Office in the City San Francisco of California, or at such other place in California as the City may approve, sufficient books for the registration and transfer of the bonds. The books shall at all times be open to inspection by the City; and, upon presentation for such purpose, the Paying Agent shall under such reasonable regulations as it may prescribe, register or transfer, or cause to be registered or transferred, on the register, the bonds as hereinbefore provided. SECTION 9. Optional Redemption. The bonds maturing prior to August 1, 2000 are not subject to call and redemption prior to maturity. The bonds maturing on or after August 1, 2000 ma of the City, from any Interest Paym and if in part as and by lot within prices, expressed thereof, together redemption: i be redeemed prior to maturity at the option any source of funds, on August 1, 1999 or on int Date thereafter, as a whole or in part, nearly as practicable on a pro -rata basis, a maturity, at the following redemption as a percentage of the principal amount with accrued interest to the date of Redemption Dates August 1, 1999 or February 1, 2000 August 1, 2000 or February 1, 2001 August 1, 2001 or February 1, 2001 August 1, 2002 or February 1, 2002 August 1, 2003 and thereafter -11- Redemption Prices 102.0% 101.5% 101.0% 100.5% 100.0% SECTION 10. Acquisition and Construction Fund. The proceeds of the sale of the bonds (except premium, if any, and accrued interest, which shall be deposited in the Debt Service Fund (as hereinafter defined)) shall be forthwith placed in the treasury of the City to the credit of the "City of San Juan Capistrano (Open Space Program) Bond Acquisition and Construction Fund" and the moneys in said fund shall be applied exclusively to the acquisition and construction of the works and the payment of the costs described in the recitals hereof, except as provided in the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et sec.). SECTION 11. Security. The City Council, so far as practicable, shall fix such rate or rates for a tax to be levied in the City as will result in revenues which will pay the interest on any bonded debt (including the interest on bonds herein provided for), and provide a sinking or other fund for the payment of the principal of such debt as it may become due (including the bonds herein provided for). If the revenues of the City are, or in the judgment of the City Council will probably be, inadequate for any cause to pay the principal of or interest on the bonds herein provided for as said principal and interest become due, and the amounts above set forth, the City Council must cause a tax to be levied, as provided in the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et seq.), sufficient -12- to provide for such deficit and to pay the amount of such principal and interest as will become due before the proceeds of a tax levied at the next general tax levy will be available. The City Council shall determine the fiscal year for all of the amounts above set forth, and shall fix the rate or rates of tax to be levied which will raise the amounts of money required by the City for such purposes, and as required by the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et sec.), the City Council shall certify to the County Auditor of the County of Orange (the "Auditor") the rate or rates so fixed and shall furnish to the Auditor a statement in writing containing the following: (a) an estimate of the minimum amount of money required to be raised by taxation during the fiscal year for the payment of the principal of and interest on the bonds herein provided for, as will become due before the proceeds of a tax levied at the next general tax levy will be available; (b) an estimate of the minimum amount of money required to be raised by taxation during the fiscal year for all other purposes of the City; and (c) any other items required by the provisions of Chapter 4 of Division 4 0£ Title 4 of the California Government Code (Sections 43600 et sec.). The Auditor shall compute and enter in the county assessment roll the respective sums to be paid as a city tax on the property within the City using the rate or rates of levy as fixed by the -13- City Council and the assessed value as found on the assessment roll for the property subject to the tax. It shall be the duty of all county officers charged with the duty of collecting taxes to collect such tax in time, form and manner as county taxes are collected and when collected to pay the same to the City. All such and taxes for the payment of principal and interest on such bonds shall be established, levied and collected as provided in the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et sec.). All moneys derived from such taxes and all other moneys allocated and designated for payment of said bonds and the interest thereon, together with the proceeds of the sale of the bonds designated as premium and accrued interest, shall be placed in a fund of the City designated "City of San Juan Capistrano (Open Space Program) Debt Service Fund" (the "Debt Service Fund"), and until all of said bonds and all interest thereon have been fully paid the moneys in said fund shall be used for no other purpose than the payment of said bonds and the interest thereon SECTION 12. Tax Covenants. City hereby covenants and agrees with the owners of the bonds to take no action which, in the opinion of Bond Counsel, would result in the interest received by the bond owners being includable in gross income for federal income tax purposes. In order to preserve -14- RM the exclusion from gross income for federal income tax purposes of interest due with respect to the bonds, City covenants to comply with all applicable requirements of the Code, together with any amendments thereto or regulations promulgated thereunder necessary to preserve such exclusion and specifically covenants, without limiting the generality of the foregoing, that: (a) it will make no use of Gross Proceeds which at any time will cause the bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and applicable regulations adopted thereunder by the Internal Revenue Service; (b) it will not use in excess of 5% of the Net Proceeds of the bonds to make or finance loans to any person other than a governmental unit (other than loans which are used to acquire or carry Nonpurpose Investments or are for the purpose of enabling the borrower to finance any governmental tax or assessment of general application for a specific essential governmental function, all as set forth in Section 141(c) of the Code); (c) it will not both (i) use or permit the use of more than ten percent (10%) of the Net Proceeds of the bond for any private business use and (ii) enter into an arrangement such that more than ten percent (10%) of the principal of the bonds or ten percent (10%) of the interest due on the bonds during the term thereof is, directly or indirectly, secured by any interest in (i) property used or to be used for a private -15- business use or (ii) payments in respect of such property or to be derived from payments in respect of property, or borrowed money, used or to be used for a private business use, all as set forth in Section 141(b) of the Code, and, in the event that , both (i) an amount in excess of five percent (5%) of the Net Proceeds is used for a private business use, and (ii) an amount in excess of five percent (5%) of the principal or five percent (5%) of the interest due on the bonds during the term thereof is, under the terms of the bonds or any underlying arrangement, directly or indirectly secured by any interest in property used or to be used for said private business use or in payments in respect of property used or to be used for said private business use or is to be derived from payments, whether or not to the City, in respect of property or borrowed money used for to be used for said private business use, then such excess over five percent (5%) of Net Proceeds used for a private business use shall be used for a private business use related to the governmental use of the improvement project, or take any other action which would cause the bonds to be "private activity bonds" within the meaning of Section 141(a) of the Code; and (d) it will not take any action that would cause the bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code and, in that regard, no portion of ^ the moneys contained in any of the funds or accounts created herein shall be (i) used in making loans guaranteed by the United States (or any agency or instrumentality thereof); (ii) invested directly or indirectly in deposits or accounts -16- 365 insured by the Federal Deposit Insurance Corporation, National Credit Union Administration or any other similar federally chartered corporation; (iii) otherwise invested directly or indirectly in obligations guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof); except (1) for proceeds of the issue invested for an initial temporary period until such proceeds are needed for the purpose for which the issue was issued; (2) for amounts held in any reserve funds satisfying Section 148(d) of the Code; (3) for amounts held in the Debt Service Fund and other bona fide debt service funds; (4) for investments in bonds issued by the United States Treasury; (5) for investments in obligations guaranteed by the Federal National Mortgage Association, Government National Mortgage Association or Federal Home Loan Mortgage Corporation; or (6) for investments permitted under regulations issued pursuant to Section 149(b)(3)(B) of the Code. ADOPTED, SIGNED AND APPROVED this 19th day of June , 1990. (SEAL) ATTZ-,W Ayinglcig ulerx of the city or S n Juan acistrano 06/12/90 9663n/2658/001 -16- EXHIBIT A UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF ORANGE SERIES 1990 GENERAL OBLIGATION BOND OF CITY OF SAN JUAN CAPISTRANO (OPEN SPACE PROGRAM) INTEREST MATURITY ORIGINAL ISSUE RATE DATE DATE CUSIP NO. REGISTERED OWNER: PRINCIPAL AMOUNT: CITY OF SAN JUAN CAPISTRANO, a municipal corporation situated in the County of Orange, State of California, (herein called the "City"), duly organized and existing under and by virtue of the Constitution and laws of the State of California, hereby acknowledges its indebtedness and promises to pay to the registered owner named above or registered assigns, herein sometimes referred to as "registered owner", the principal sum stated above on the maturity date dated above, and to pay such registered owner by check or draft mailed by first class mail, postage prepaid, thereto, or, at the request of an owner of in excess of $1,000,000 aggregate principal amount of bonds, by wire transfer, at his/her address as it appears on the register kept by the Paying Agent at the close of business on the fifteenth day of the month preceding the Interest Payment Date, as hereinafter defined (the "Regular Record Date"), interest on such principal sum from each February 1 and August 1, commencing February 1, 1991 (each an "Interest Payment Date") next preceding the date of authentication (unless (i) the date of authentication is prior to the first Regular Record Date in which event from August 1, 1990 (ii) the date of authentication is after a Regular Record Date and before the following Interest Payment Date, and if the City shall not default in the payment of interest due on such Interest Payment Date, as hereinafter defined, in which event it shall bear interest from such Interest Payment Date or (iii) it is authenticated as of an Interest Payment Date, in which event it shall bear interest from such date) until the principal hereof shall have been paid or provided for in accordance with the Resolution hereinafter referred to, at the rate above indicated, payable on each A-1 Interest Payment Date. Both principal and interest and any premium upon the redemption prior to the maturity of all or part hereof are payable in lawful money of the United States of America, and (except for interest which is payable by check, draft or wire as stated above) are payable at the principal corporate trust office of (Name of Paying Agent to come), Paying Agent for the City, in Les-Anele-s, California. San Francisco The principal of this bond and the interest hereon may be paid from taxes levied for the payment of the principal of this bond and the interest hereon which taxes shall be levied exclusively upon the taxable property in the City. This bond is issued in fully registered form and is nonnegotiable. It may be exchanged for a like aggregate principal amount of bonds of other authorized denominations of the same series and maturity, all as more fully set forth in the Resolution of Issuance, Resolution No. 90-6-19-7 (the "Resolution"). This bond is transferable by the registered owner hereof, in person or by his attorney duly authorized in writing, qcan ke p r1tpo E, - nge-ipal corporate trust office of the Paying Agent in �es, California, but only in the manner, subject to the limitations and upon payment of the charges provided in the Resolution, upon surrender and cancellation of this bond. Upon such transfer a new registered bond of authorized denomination or denominations for the same aggregate principal amount of the same series and maturity will be issued to the transferee in exchange therefor. The bonds maturing before August 1, 2000 are not subject to call and redemption prior to maturity. The bonds maturing on or after August 1, 2000 may be redeemed, at the option of the District on August 1, 1999, or on any Interest Payment Date thereafter prior to maturity, in whole or in part, and if in part as nearly as practicable on a pro -rata basis and by lot within a maturity, at the following redemption prices, expressed as a percentage of the principal amount thereof, together with accrued interest to the date of redemption: Redemption Dates August 1, 1999 or February 1, 2000 August 1, 2000 or February 1, 2001 August 1, 2001 or February 1, 2002 August 1, 2002 or February 1, 2003 August 1, 2003 and thereafter A-2 Redemption Prices 102.0% 101.5% 101.0% 100.5% 100.0% km The City and the Paying Agent may treat the registered owner hereof as the absolute owner hereof for all purposes, and the City and the Paying Agent shall not be affected by any notice to the contrary. This bond shall not be entitled to any benefit under the Resolution, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Paying Agent. It is hereby recited, certified and declared that any and all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this bond exist, have happened and have been performed in due time, form and manner as required by the Constitution and laws of the State of California. IN WITNESS WHEREOF, THE CITY OF SAN JUAN CAPISTRANO has caused this bond to be signed by the Mayor of said City and by the Treasurer, and countersigned by the Acting City Clerk of said City, by their printed, lithographed or engraved facsimile signatures, and sealed with the official seal of said City. r oY the City of San (SEAL) Treasurer of the City o San Juan Capistrano COUNTERSI .v ing z �lerx ui � o Sa Jua Capistrano A-3 7 369 (FORM OF CERTIFICATE OF AUTHENTICATION] This is one of the Fully Registered bonds described in the within -mentioned Resolution. [PAYING AGENT TO COME) Registration Date: By: Authorized Officer [FORM OF ASSIGNMENT OF BONDS) For value received hereby sells, assigns and transfers unto (Social Security or Identification No. ) the within -mentioned bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the books of the Paying Agent with full power of substitution in the premises. Dated: Signature Guarantee A-4 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, George Scarborough-' Acting City Clerk of the City of San Juan Capistrano, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said City at a regular meeting of said City Council held on the 19th day of June 1990, and that it was so adopted by the following vote: AYES: Councilmembers: Schwartze, Friess, Buchheim, Bland and Mayor Hausdorfer NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. I, George Scarborough , Acting City Clerk of the City of San Juan Capistrano, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION N0.90-6-19-7of said City Council, and that the same has not been amended or repealed. Dated: 6-19-90 , 195 (SEAL) 06/12/90 9663n/2658/001