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1985-463RESOLUTION N0. 85R-463 A RESOLUTION APPROVING FINANCING TRANSACTION FOR ANAHEIM MEMORIAL HOSPITAL ASSOCIATION, AUTHORIZING FINANCE DIRECTOR TO APPROVE AND EXECUTE AGREEMENTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO RESOLVED, by the City Council of the City of Anaheim, California, as follows: WHEREAS, the City of Anaheim is authorized to acquire and dispose of real and personal property for the common benefit and in furtherance of its municipal affairs and public purposes; WHEREAS, the assurance of the provision of adequate and economical health care for its residents is a public. purpose of the City and actions to provide such assurance constitute a municipal affair of the City; WHEREAS, Anaheim Memorial Hospital Association (the "Association") has requested the. City to undertake installment sale financing for the purpose of providing certain real and personal property for the Association, and this Council is desirous of approving such financing in order to assure the provision of adequate and economical health care by the Association to the residents of the City; and WHEREAS, the adoption of this Resolution is in the public interest and for the public benefit; NOW, THEREFORE, it is hereby ORDERED and DETERMINED as follows: 1. Installment sale financing with Certificates of Participation in an amount of not to exceed $30,000,000 for the benefit of Anaheim Memorial Hospital Association is hereby approved. 2. The Finance Director, upon the advice of the City Attorney and Special Counsel for the City, is authorized to approve and execute, and the City Clerk is authorized to attest, all agreements necessary to implement installment sale financing for the Association, including, but not limited to, the following agreements: First Installment Sale Agreement Relating to Hospital Facilities, by and between the Association, as seller, and the City, as purchaser; Second Installment Sale Agreement Relating to Hospital Facilities, by and between the City, as seller, and the Association, as purchaser; Trust Agreement Relating to Hospital Facilities, by and among the City, a trustee to be selected and approved by the Association and the Association; First Assignment Agreement Relating to Hospital Facilities, by and between the City and the Association; Certificate Purchase Agreement offered by Dean Witter Reynolds, Inc. in which said organization offers to purchase Certificates of Participation (the "Certificates") representing purchase payments under the above-referenced First Installment Sale Agreement at a rate of interest reflecting a variable rate or such other rate as shall provide the most economical interest rate for the financing based upon the current market for similar Certificates; and Agreement for Legal Services, by and among the City and Jones Hall Hill & White, A Professional Law Corporation, in which said firm agrees to act as Special Counsel for the City in the financing transaction. 3. The Finance Director of the City is authorized to approve a preliminary official statement relating to the Certificates and to authorize its distribution in the sale of the Certificates and to approve and execute a final official statement and a statement providing that material facts have been disclosed in the final official statement. 4. The Finance Director, the City Attorney, the City Clerk and such other officers of the City as may be appropriate are author°ized to approve and execute such agreements, statements, certificates, receipts and other documents as may be necessary to provide for the execution and delivery of the Certificates and to consummate the transactions referenced in the agreements described in paragraph 2 hereof. ************* THE FOREGOING RESOLU~fION is approved and adopted by the City Council of the City of Anaheim this 5th day of November, 1985. ~~~!/ Mayor of the City of naheim ATTEST: City Clerk of the City of Anaheim -2- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 85R-463 was introduced and adopted at a regular "'~"'"'^~. meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of November, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-463 on the 5th day of November, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affi$ed the seal of the City of Anaheim this 5th day of November, 1985. C TY CL RK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-463 duly passed and adopted by the Anaheim City Council on November 5, 1985. ~~ C Y CLERK