90-324 CITY OF ~.NAHEIM RESOLUTION NO. 90R- 324
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
]~N/%HEIMv CALIFORNI~ ~PPROVING THE FORM OF THE
LETTER AMONG THE CITY OF AN]~HEIM, BANK OF
AMERIC~ N~TIONAL TRUST ANDS~VINGS ASSOCIATION
~ND MORGAN GU~/~ANTY TRUST COMP/~NY OF NEW YORK
&MENDING THAT CERTAIN REVOLVING CREDIT
AGREEMENT ANONG THE CITY OF ANANEIMv BANK OF
/~ERICA N&TIONAL TRUSTAND SAVINGS ASSOCIATION
~ MORGAN GU~/~TY 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,
designated 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. I to Revolving
Credit Agreement and authorizing the execution and delivery
thereoff 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-4§6, 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, the City Council of the City at its meeting on
December 15, 1987, adopted a Resolution, designated as Resolution
No. 87R-520, approving the form of an Amendment No. 5 to Revolving
Credit Agreement and authorizing the execution and delivery
thereoff and
WHEP~EAS, the City Council of the City at its meeting on
July 26, 1988, adopted a Resolution, designated as Resolution No.
88R-298, approving the form of an Amendment No. 6 to Revolving
Credit Agreement and authorizing the execution and delivery
thereof~ and
WHEREAS, the city Council of the City at its meeting on
July 18, 1989, adopted a Resolution, designated as Resolution 89R-
296, approving the form of an Amendment No. 7 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 National Trust and
Savings Association ("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 thereto
dated November 6, 1984 and an Amendment No. 3 thereto dated July 1,
1985 and the City, Bank of America and Morgan Guaranty Trust
Company of New York ("Morgan Guaranty") have heretofore entered
into an Amendment No. 4 thereto dated September 12, 1986, an
Amendment No. 5 thereto dated January 12, 1988, an Amendment No. 6
thereto dated August 9, 1988 and an Amendment No. 7 thereto dated
August 10, 1989 (together, the "Revolving Credit Agreement"); and
WHEREAS, the city Council of the City has determined that
it is necessary and desirable that further amendments be made to
the Revolving Credit Agreement; 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 the letter
amending the Revolving Credit Agreement attached hereto as Exhibit
A are hereby approved and adopted. The Public Utilities General
Manager and each Public Utilities Assistant General Manager is each
hereby authorized to execute and deliver such letter in
substantially the form attached hereto as Exhibit A with such
changes, insertions and omissions as the Public Utilities General
Manager or Public Utilities Assistant General Manager shall
approve, such approval to be conclusively evidenced by his
execution of such letter.
SZCTION 2. In such letter, Bank of America and Morgan
Guaranty agree to the amendments of the Revolving Credit Agreement
contained therein. The City Council hereby finds, determines and
declares that such letter 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 the Letter.
SZ~TION 3. This Resolution shall be effective
immediately.
ADOPTED, SIGNED AND APPROVED this 21st day of
August, 1990.
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
GITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-324 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 21st day of August, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-324 on the 22nd day of August, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of August, 1990.
CITY CLERK OF THE CITY OF ANANEI~
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-324, duly passed and
adopted by the Anaheim City Council on August 21, 1990.
CITY CLERK OF THE CITY OF ANAHEIM