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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />Bonds, Series 1996 and to use a portion of the sale proceeds to be derived therefrom to <br />purchase all of the Refunding Bonds pursuant to the terms of an Acquisition Agreement (the <br />"Acquisition Agreement") to be entered into by and between the City and the Authority; <br />WHEREAS, upon the purchase with the sale proceeds received from the Authority of <br />noncallable, direct obligations of, or obligations which are unconditionally guaranteed by, the <br />United States of America (the "Escrowed Securities") in an amount sufficient to provide for <br />full payment of the Prior Bonds, which Escrowed Securities shall be held in trust pursuant to <br />an Escrow Agreement (the "Escrow Agreement") to be entered into by and between the City, <br />acting on behalf of the CFD, and First Trust of California, N.A., as escrow agent, then all <br />liability of the CFD and the City with respect to payment of such Prior Bonds from amounts <br />pledged under the Prior Bond Indenture shall cease, terminate and be completely discharged, <br />and the owners of the Prior Bonds shall thereafter be entitled only to payment from the <br />Escrowed Securities; <br />WHEREAS, copies of the proposed 1996 Indenture, the Acquisition Agreement and <br />the Escrow Agreement have been presented to and considered by this legislative body for <br />approval at this time, and it is desirable that such documents now be approved and the <br />transaction contemplated thereby be consummated as soon as practicable; <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON, <br />ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT <br />NO. 88-1, AS FOLLOWS: <br />RECITALS <br />SECTION 1. That the above recitals are true and correct. <br />SECTION 2. That this legislative body hereby makes the following determinations <br />pertaining to the proposed issuance of the Refunding Bonds: <br />A. That it would be prudent in the management of the fiscal affairs of the CFD to <br />RESCFD.881 <br />issue the Refunding Bonds; <br />2 <br />