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92-031 RESOLUTION NO. 92R-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 83R-169 OF THE CITY COUNCIL (AS HERETOFORE SUPPLEMENTED AND AMENDED) 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-169, relating to the issuance of Water Revenue Anticipation Notes of the City; and WHEREAS, the City Council at its meeting on August 28, 1984 adopted a Resolution, designated as Resolution No. 84R-332, amending and supplementing said Resolution No. 83R-169; and WHEREAS, the City Council at its meeting on August 28, 1984 adopted a Resolution, designated as Resolution No. 84R-334, supplementing said Resolution No. 83R-169; and WHEREAS, the City Council at its meeting on September 2, 1986 adopted a Resolution, designated as Resolution No. 86R- 389, amending and supplementing said Resolution No. 83R-169; and WHEREAS, the City Council at its meeting on October 28, 1986 ~dopted a Resolution, designated as Resolution No. 86R-481, amending said Resolution 83R-169; and WHEREAS, said Resolution No. 83R-169, as so supplemented and amended, is herein referred to as the "Original Resolution"; and WHEREAS, it is in the best interest of the city to amend the Original Resolution in certain respects; and WHEREAS, the City and Bank of America National Trust and Savings Association 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 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, an Amendment No. 7 thereto dated August 10, 1989 and a letter amendment thereto dated August 8, 1990 (together, the "Revolving Credit Agreement"); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The first "WHEREAS" clause of the Original Resolution is hereby amended to read, in its entirety, as follows: WHEREAS, the city Council of the City of Anaheim (the "City") at its meeting on April 26, 1983, adopted an Ordinance, designated as Ordinance No. 4415, providing procedures for the issuance, sale and securing of Water Revenue Anticipation Notes of the City and providing terms and conditions of said notes (as amended and supplemented from time to time, the "Ordinance"); and SECTION 2. The Public Utilities General Manager (or, in the absence of the Public Utilities General Manager, the Public Utilities Financial Services Manager) is hereby authorized to take any action, including action to amend the Revolving Credit Agreement, necessary to effectuate the purposes of this Resolution and the Ordinance of the City Council of the City of Anaheim, California amending Certain Provisions of Ordinance No. 4415 of the city Council (as heretofore Supplemented and Amended). The Mayor of the city and the City Clerk are hereby authorized to, respectively, execute and deliver and attest and seal any such amendment to the Revolving Credit Agreement. SECTION 3. This Resolution shall be effective upon its adoption (the "Effective Date"). Notwithstanding the effectiveness of this Resolution on the Effective Date, the provisions of Section 1 hereof shall not be effective until either (a) the holder of each Note outstanding on the Effective Date shall have consented in writing to the adoption of this Resolution; or (b) each Note outstanding on the Effective Date shall no longer be outstanding. Except as amended hereby, the Original Resolution remains in full force and effect. ADOPTED, SIGNED AND APPROVED this 25th day of February, 1992. Attest: City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CS. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-31 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of February, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly 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. 92R-31 on the 26th day of February, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of February, 1992. CITY CLERK OF THE CITY OF ANAHEIM {SEAL) 1, LEONORA N. SOHL, City clerk of the city of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 92R-31 duly passed and adopted by the City Council of the City of Anaheim on February 25, 1992. 0 o% THE CITY OF ANAHEIM