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84R-332 "-". .-. CITY OF NAHEIM RESOLUTION NO. 84R-332 ~ RESOLUTION OF TH CALIFORNIA APPROV CERTAIN REVOLVIN OF ANAHEIM AN SAVINGS ASSOCIA CERTAIN PROVISION CITY COUNCIL OF THE CITY OF ANAHEIM, NG THE FORM OF AMENDMENT NO. 1 TO THAT CREDIT AGREEMENT BY AND BETWEEN CITY BANK OF AMERICA NATIONAL TRUST AND ION DATED JUNE 1, 1983, AND AMENDING OF RESOLUTION NO. 83R-169 OF THE CITY COUNCIL. WHEREAS, th City Council of the City of Anaheim (the "City") has heretofor adopted, on April 26, 1983, Ordinance No. 4415 and on August 14, 198 , Ordinance No. 4530 providing for the issuance of Water Revenue Anti ipation Notes of the City and providing the terms and condition of, and the purposes for which, the Water Revenue Anticipation otes may be issued; and . WHEREAS, the City Council of the City at its meeting on April 27, 1983, ado ted a Resolution, designated as Resolution No. 83R-170, approvin the form of a Revolving Credit Agreement and authorizing the execu ion and delivery thereof; and . ~'lHEREA~, th Savings Association ( Revolving Credit Agre Agreement"); and City and Bank of America National Trust & he "Bank") have heretofore entered into the ment dated June 1, 1983 (the "Revolving Credit ~mEREAS, the City Council has determined that it is neces- sary and desirable th t the City Council approve the form and autho- rize execution and de ivery of an Amendment No. 1 to Revolving Credit Agreement dated the d. te of delivery thereof; and WHEREAS, th City Council of the City at its meeting on April 27, 1983 adop ed a Resolution, designated as Resolution No. 83R-169, relating to the issuance of Water Revenue Anticipation Notes of the City; an WHEREAS, c rrently the City has no Water Revenue Anticipation Notes ou. standing; and WHEREAS, it 's in the best interest of the City to amend Resolution No. 83R-16 in certain respects; NOW, THEREF RE, THE CITY COUNCIL OF THE CITY OF ANAHEIM ~ DOES HEREBY RESOLVE, ETERMINE AND ORDER AS FOLLOWS: SECTION 1. he form, terms and provisions of Amendment No. 1 to Revolving Cr dit Agreement dated the date of delivery there- of, in substantially he form submitted to this meeting are hereby approved and adopted s part of this Resolution. The Mayor of the City and the City C erk are hereby authorized and directed to, i I I ~ - ~ respectively,execute.and delivetand attest and seal said Amendment in substantially the form submitted to this meeting with such changes, insertions a d omissions as the Mayor may approve, such approval to be concl sivelyevidenced by.his execution of such Amendment. .. '.. ,.-..., SECTION 2.- n Amendment No.1 to Revolving Credit Agreement the Bank wi.l agree to the amendments of the Revolving Credit Agreement con ained in said Amendment. The City Council hereby finds, determi es and declares that said Amendment when exe- cuted and delivered wi 1 not adversely affect the rights of the hold- ers of any of the Cit IS outstanding Electric Revenue Anticipation Notes. RESOLUTION OF TH CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA RELA ING TO THE ISSUANCE OF WATER REVENUE ANTICIPATION NOT S OF SAID CITY PURSU~~T TO ORDINANCE NO. 41~ OF SAID CITY COUNCIL. SECTION 3. he title of Resolution No. 83R-169 is hereby amended to read, in i s entirety, as follows: SECTION 4. he first "WHEREAS" clause of Resolution No. 83R-169 is hereby amended to read, in its entirety, as follows: WHEREAS,' the City Council of the City of Anaheim (the "City") at its meting on April 26, 1983, adopted an Ordinance, designted as Ordinance No. 441~, providing for the procedures for the issuance, sale and securing of Water Revenue Anticipat'on Notes of the City and providing. the terms and conditi ns of said Notes (the "Ordinance"); and ."........,... -2- .- ,~ SECTION 5. amended to read, in i ., , Resolution No. 83R-169 is hereby as follows: Section 4. ovenants Relating to Notes. ~. The City her that: -"(a) No Note the Ordinance, other than any Note issued p suant to the Revolving Credit Agreement, shall mature more than three .Lil. years from the' date of issuance thereof r six (6) months pr ior to the then cur- rent Expiration D e (as defined in the Revolving Credit Agreement), which ver is sooner; provided that any Note issued for a term n excess of one (1) year shall be issued in fullyregistere form. (b) A Note the Determination Note pursuant to rate of zero. ed not bear interest from its date, if iven or delivered with respect to such e Ordinance shall specify an interest (c) So long as any Note is Outstanding, the City will not at any ti e amend or modify the Ordinance or this Resolution, .wi thou. the wr i tten consent of the holder of. each Note Outstand'ng at such time. on may rely upon the oral or written any officer listed as an Authorized ance as to the availability of any other an Authorized Person in the Ordinance makes a Determination pursuant to the (d) Any per representation 0 Person in the Ordi officer listed as when such Officer Ordinance. SECTION 6. Tis Resolution shall be effective immediate- ly, except that Sectio s 3, 4 and 5 hereof shall become effective upon the execution a d delivery of Amendment No. 1 to Revolving Credit Agreement, dat d the date of delivery thereof. Except as amended in accordance erewith, Resolution No. 83R-169 remains in full force and effect. ,..-.... -3- \ ,j """".....,->..... "' ."'-'" ~ ADOPTED, August, 1984. ~ AND APPROVED thi-s twenty-eighth day of ~&~ Attest: Leonora N. S City Clerk /?( .. City Clerk -4- I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) """"\ I, LEONORA N. SOHL, City Cl *k of the City of Anaheim, do hereby certify that t~ fC!...r~iq R.o~tiQn ~ j84R-332 was introduced and adopted at a regular _.UIII& proV4ded by law, o-t t:h~ Ci ty Council of the City of Anaheim held on the 28th day' of August, 198 t by the following vote of the members thereof: AYES: COUNCIL MEMBERS Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None AND I FURTHER certify that he Mayor of the City of Anaheim signed said Resolution No. 84R-332 on t .. 28th day of August, 1984. IN WItNESS WHEREOF, I have _reunto set my hand and affixed the seal of the City of Anaheim this 28th d j of August, 1984. (SEAL) ~~ --:::?:~ CITY CLERK OF THE CITY OF ANAHEIM I, LEqNORA N. SOHL, City C1 k of the City of Anaheim, do hereby certify that the forego1na is the origi . of Resolution No. 84R-332 duly passed and adopted by the Anaheim City ,ouncil on August 28, 1984. x?....{?n'Zx~ ) J" ~ /