94-109 CITY OF ANAHEIM RESOLUTION NO. 94R-109
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFOP,_NIA APPROVING AMENDMENT NO. 2 TO
REVOLVING CP~DIT AGREEMENT AND CERTAIN ACTIONS IN
CONNECTION THEREWITH
WHEREAS, the City of Anaheim (the "City") has previously
executed and delivered a Revolving Credit Agreement (as amended,
the "Revolving Credit Agreement") , dated as of June 29, 1993, among
the City, Bank of America National Trust and Savings Association,
as Agent (the "Agent"), Bank of America National Trust and Savings
Association, as a Bank ("Bank of America") and Morgan Guaranty
Trust Company of New York, as a Bank ("Morgan Guaranty") and a
First Amendment to Revolving Credit Agreement, dated as of July 28,
1993, by and among the City, the Agent, Bank of America and Morgan
Guaranty; and
WHEREAS, Section 8.1 of the Revolving Credit Agreement
provides that the Revolving Credit Agreement may be amended in
specified circumstances by an amendment to the Revolving Credit
Agreement, entered into among the City, the Agent, Bank of America
and Morgan Guaranty; and
WHEREAS, the City, the Agent, Bank of America and Morgan
Guaranty desire to execute and deliver Amendment No. 2 to Revolving
Credit Agreement, among the City, the Agent, Bank of America and
Morgan Guaranty ("Amendment No. 2 to Revolving Credit Agreement")
the proposed form of which has been presented to this City Council,
to accomplish such amendment to the Revolving Credit Agreement; and
WHEREAS, the City has determined that it is in the best
public interest of the City and the citizens of the City to approve
the document mentioned above and authorize and approve the
transactions contemplated thereby.
NOW, THEREFORE, the City Council of the City of Anaheim,
California, does hereby resolve, determine and order as follows:
SECTION 1: That Amendment No. 2 to Revolving Credit
Agreement presented to this City Council is hereby approved. The
Mayor, the City Manager, the City Treasurer and the City Clerk are
authorized and directed for and in the name of the City to execute
and deliver said agreement. The agreement shall be executed in the
form hereby approved, with such additions thereto and changes
therein as are approved by the Public Utilities General Manager
(or, in the absence of the Public Utilities General Manager, the
Assistant General Manager of Finance and Administration of the
LA01 \6169\1512~.3 94601.3
Public Utilities Department or the Public Utilities Financial
Services Manager), and are in substantial conformance with the form
hereby approved, such approval to be conclusively evidenced by the
execution and delivery thereof.
SECTION 2: The Mayor, the City Manager, the Public
Utilities General Manager, the Assistant General Manager of Finance
and Administration of the Public Utilities Department, the Public
Utilities Financial Services Manager, the City Clerk, the City
Attorney and the City Treasurer and the other officers and
officials of the City are hereby authorized and directed, jointly
and severally, for and in the name of the City, to do any and all
things and to execute and deliver any and all documents which they,
or any of them, may deem necessary and advisable in order to
achieve the consummation of the transactions contemplated by
Amendment No. 2 to Revolving Credit Agreement and this Resolution,
and such actions previously taken by such officers are hereby
ratified and confirmed.
SECTION 3: This Resolution shall take effect from and
after its date of adoption.
PA~SED A~D ADOPTED this 21st day of June, 1994, by the
following vote:
AYES:
NOES:
ABSENT:
ATTEST:_ ~
City Clerk
LA01 \6169\15122.3 2 94601
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. 94R-109 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 21st day of June, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: F,~ldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-109
on the 22nd day of June, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 22nd day of June, 1994.
CITY CLERK OF The CITY Of ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the Cit~, of Anaheim, do hereby certify that the foregoing is the
original of Resolution No. 94R-109 was duly passed and adopted by the City Council of the City of
Anaheim on June 21, 1994.
CITY CLERK OF THE CITY OF ANAHEIM