RES-2013-079RESOLUTION NO. 2013- 079
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE PREPAYMENT OF
OBLIGATIONS UNDER AN INSTALLMENT PURCHASE
AGREEMENT IN ORDER TO CAUSE THE REFUNDING OF ALL
OF THE OUTSTANDING ANAHEIM PUBLIC FINANCING
AUTHORITY REVENUE REFUNDING BONDS, SERIES 2002 -B
(CITY OF ANAHEIM ELECTRIC SYSTEM GENERATION
SYSTEM REFUNDING)
WHEREAS, on March 12, 2002, the Anaheim Public Financing Authority (the
"Authority ") has heretofore issued its $82,495,000 Anaheim Public Financing Authority
Revenue Refunding Bonds, Series 2002 -B (City of Anaheim Electric System Generation System
Refunding) (the "2002 -B Bonds "); and
WHEREAS, the City of Anaheim (the "City ") wishes to prepay its obligations
under the Installment Purchase Agreement relating to the 2002 -B Bonds and cause the refunding
of all of the 2002 -B Bonds currently outstanding; and
WHEREAS, the City has entered into a Revolving Credit Agreement, dated as of
March 1, 2013 (the "Revolving Credit Agreement "), with Wells Fargo Bank, National
Association (the "Bank "), which provides for the Bank to make revolving loans to the City,
payable from and secured by Electric System Surplus Revenues and Water System Surplus
Revenues as provided therein; and
WHEREAS, the City wishes to apply the proceeds of a Borrowing under the
Revolving Credit Agreement evidenced by the Electric System Tax - exempt Note (as such
capitalized terms are defined in the Revolving Credit Agreement), in order to refund all of the
outstanding 2002 -B Bonds by prepaying the City's obligations under the Installment Purchase
Agreement, dated as of February 15, 2002 (the "Installment Purchase Agreement "), by and
between the City and the Authority, relating to the 2002 -B Bonds; and
NOW, THEREFORE, the City Council of the City of Anaheim does hereby
resolve, determine and order as follows:
SECTION 1 : The Mayor, the City Manager, the City Treasurer, the Public Utilities
General Manager and the Public Utilities Assistant General Manager — Finance and
Administration, and their respective designees (each, an "Authorized Officer "), are each hereby
authorized to take all actions, including but not limited to the selection of any bond counsel,
financial advisor, verification agent and escrow agent, the execution and delivery of any and all
certificates, directions, agreements (including but not limited to any escrow agreement), notices,
consents, instruments of conveyance, warrants and other documents and any other action which
they, or any of them, may deem necessary or desirable to cause the City to prepay its obligations
under the Installment Purchase Agreement and to cause the refunding of the 2002 -B Bonds.
52756219.7
SECTION 2 : Each Authorized Officer, the City Clerk and all the other officers,
employees and agents 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 take all actions, including execution
and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents,
instruments of conveyance, warrants and other documents which they, or any of them
individually, may deem necessary or advisable in order to consummate the transactions
contemplated by this Resolution, and such actions previously taken by such officers, employees
and agents are hereby ratified and confirmed.
SECTION 3 : This Resolution shall take effect from and after its date of adoption.
THE FOREGOING RESOLUTION was approved and adopted by the City
Council of the City of Anaheim at a regular meeting of said City Council held on the 28 day of
May, 2013, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
[SEAL]
ATTEST:
k� a d,
CITY CLERK OF THE CITY OF ANAHEIM
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
52756219.7/95433 2
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2013- o7g was introduced and adopted at a regular meeting of the City
Council of the City of Anaheim duly called, noticed and held on the 28th day of May, 2013, by
the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Mayor Tait, Eastman, Murray, Brandman and Kring
NOES : COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution
No. 2013- 079 on the 28th day of May, 2013.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City
of Anaheim this 28th day of _m ay , 2013.
CITY CLERK OF THE CITY OF A AHEIM
(SEAL)
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Resolution No. 2013- 079 duly passed and adopted by the Anaheim City
Council on this _28th day of May, 2013.
CITY CLERK OF THE CITY OF A AHEIM
52756219.7/95433