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87-520 CITY OF ANAHEIM RESOLUTION NO. 87R-520 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA APPROVING THE FORM OF AMENDMENT NO.5 TO THAT CERTAIN REVOLVING CREDIT AGREEMENT AMONG THE CITY OF ANAHEIM, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION AND MORGAN GUARANTY TRUST COMPANY OF NEW YORK WHEREAS, the City Council of the City of Anaheim (the "city") at its meeting on April 27, 1983, adopted a Resolution, des- ignated as Resolution No. 83R-170, approving the form of a Revolving Credit Agreement and authorizing the execution and delivery thereof; and WHEREAS, the City Council of the City at its meeting on August 28, 1984, adopted a Resolution, designated as Resolution No. 84R-332, approving the form of an Amendment No.1 to Revolving Credit Agreement and authorizing the execution and delivery thereof; and WHEREAS, the City Council of the city at its meeting on November 6, 1984, adopted a Resolution, designated as Resolution No. 84R-442, approving the form of an Amendment No.2 to Revolving Credit Agreement and authorizing the execution and delivery thereof; and WHEREAS, the City Council of the City at its meeting on October 22, 1985, adopted a Resolution, designated as Resolution No. 85R-456, approving the form of an Amendment No.3 to Revolving Credit Agreement and authorizing the execution and delivery thereof; and WHEREAS, the City Council of the City at its meeting on September 2, 1986, adopted a Resolution, designated as Resolution No. 86R-388, approving the form of an Amendment No.4 to Revolving Credit Agreement and authorizing the execution and delivery thereof; and WHEREAS, pursuant to the above-referenced actions of the City Council, the City and Bank of America have heretofore entered into a Revolving Credit Agreement dated June 1, 1983, an Amendment No.1 thereto dated September 19, 1984, an Amendment No.2 theretn dated November 6, 1984 and an Amendment No.3 thereto dated July 1, 1985 and the city, Bank of America and Morgan Guaranty have heretofore entered into an Amendment No.4 thereto dated September 12, 1986 (together, the tlRevolving Credit Agreement"); and 94601.8.1080.01:2 T T WHEREAS, the city Council of the city has determined that it is necessary and desirable that the city Council approve the form and authorize the execution and delivery of an Amendment No.5 to the Revolving Credit Agreement to be dated the date of delivery thereof; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The form, terms and provisions of Amendment No.5 to the Revolving Credit Agreement, in substantially the form submitted to this meeting, are hereby approved and adopted. The Mayor of the City and the City Clerk are hereby authorized and directed to, respectively, execute and deliver and attest and seal said Amendment No.5 in substantially the form submitted to this meeting with such changes, insertions and omissions as the Mayor shall approve, such approval to be conclusively evidenced by his exe- cution of such Amendment. SECTION 2. In Amendment No.5 to the Revolving Credit Agreement, Bank of America and Morgan Guaranty will agree to the amendments of the Revolving Credit Agreement contained in said Amendment. The City Council hereby finds, determines and declares that said Amendment when executed and delivered will not adversely affect the rights of the holders of any of the City's outstanding Electric Revenue Anticipation Notes and Water Revenue Anticipation Notes who have not consented to said Amendment. SECTION 3. The city Council hereby authorizes the employ- ment of James J. Lowrey & Co. Incorporated to act as Financial Advisor, Mudge Rose Guthrie Alexander & Ferdon and Rourke & Woodruff to act as Co-Bond Counsel and Goldman, Sachs & Co. to act as Placement Agent in connection with the City's on-going issuance and sale of Electric Revenue Anticipation Notes and Water Revenue Anticipation Notes, on such terms and conditions as shall be approved by the Public utilities General Manager. -2- 94601.8.1080.01:2 T . T SECTION 4. immediately. This Resolution shall be effective 1987. ADOPTED, SIGNED AND APPROVED this 15th - day of I¿e~~mbe1:", ... ~_~)L._\. Mayor Attest :'---~.. ..//.../ ... . h..?1. /". '). '. /./.. /1 ¡<. ß I ð-1,;c ~C.:~-- '---- .. City Clerk -]- 94601.8.1080.01:2 '1~ '. CLERK SlATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) ) ss. I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R'-520 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of December, 1987, by the following vote of the members thereof: O\YES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay l~OES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: i~ one ~~]) I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-520 on the 15th day of December, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of December, 1987. ~:~~ A ~~ CITY CLERK OF THE CITY OF ANAHEIM (, S RA.L) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-520 duly passed and adopted by the Anaheim City Council on December 15,1987. >rfi-~?( Æ ~ CITY CLERK OF THE CITY OF ANAHEIM '11 ,. T