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2000-032RESOLUTION NO. 2000R- 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE RELEASE AND SETTLEMENT AGREEMENT, AND DESIGNATING THE PERSON AUTHORIZED TO RECEIVE ANY DISTRIBUTION OF FUNDS MADE TO THE CITY BY ANY COURT ORDER RELATING TO THE ORANGE COUNTY BANKRUPTCY Whereas, the City of Anaheim is an Option A Pool Participant, as that term is defined in the Second Amended Plan of Adjustment ("Plan") for the County of Orange ("County"); Whereas, the Representative, as that term is used in the Plan, has served a Notice of Motion and Motion of the Representative for Order Approving (1) Distribution of Net Litigation Proceeds; (2) Distribution in Respect of Assigned Excluded Claims; (3) The Representative's Fee; (4) Certain Other Actions of the Representative; and (5) The Representative' s Final Report ("Final Report Motion"); Whereas, the Pool Committee and the County have served a Notice of Motion and Joint Motion for Order Approving Compromise Regarding Additional Funds and Reclassi~cation of Claims ("Additional Funds Motion"), which motion describes the proposed division of certain "Additional Funds"; and Whereas, the City of Anaheim is entitled to a distribution of Net Litigation Proceeds, Additional Funds and other funds as described in the Final Report Motion and the Additional Funds Motion. NOW, THEREFORE, BE IT RESOLVED: Charlene Jung, City Treasurer of the City of Anaheim, is hereby designated to receive all distributions made pursuant to (i) the Final Report Motion or any order of the Bankruptcy Court relating thereto; and/or (ii) the Additional Funds Motion or any order of the Bankruptcy Court relating thereto. RESOLVED FURTHER that all distributions to which the City of Anaheim is entitled under or pursuant to the Final Report Motion and/or the Additional Funds Motion should be delivered to Charlene Jung. RESOLVED FURTHER that the form of the Release and Settlement Agreement which is attached to the Additional Funds Motion be and hereby is approved, and that the Mayor and City Clerk be and hereby are authorized and directed to execute and deliver the Release and Settlement Agreement on behalf of the City of Anaheim. THE FOREGOING RESOLUTION IS APPROVED AND ADOPTED by the City Council of the City of Anaheim this 15th day of February, 2000. By: /& ANAHEIM /'~Y~OR ~F ATTEST: CITY CL~tl OF THE CITY OF ANAHEIM 34414.1 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-32 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of February, 2000, by the following vote of the membem thereof: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 2000R-32 on the 15th day of February, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of February, 2000. F THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-32 was duly passed and adopted by the City Council of the City of Anaheim on February 15th, 2000. THE CITY OF ANAHEIM CERTIFICATE OF ADOPTION OF AUTHORIZING RESOLUTION The undersigned is the duly appointed City Clerk of the City of Anaheim (the "Option A Pool Participant"). At a duly held meeting of the City Council of the foregoing Option A Pool Participant held on February 15, 2000, the following resolutions were duly adopted. Whereas, the City of Anaheim is an Option A Pool Participant, as that term is defined in the Second Amended Plan of Adjustment ("Plan") for the County of Orange ("County"); Whereas, the Representative, as that term is used in the Plan, has served a Notice of Motion and Motion of the Representative for Order Approving (1) Distribution of Net Litigation Proceeds; (2) Distribution in Respect of Assigned Excluded Claims; (3) The Representative's Fee; (4) Certain Other Actions of the Representative; and (5) The Representative's Final Report ("Final Report Motion"); Whereas, the Pool Committee and the County have served a Notice of Motion and Joint Motion for Order Approving Compromise Regarding Additional Funds and Reclassification of Claims ("Additional Funds Motion"), which motion describes the proposed division of certain "Additional Funds"; and Whereas, the City of Anaheim is entitled to a distribution of Net Litigation Proceeds, Additional Funds and other funds as described in the Final Report Motion and the Additional Funds Motion. NOW, THEREFORE, BE IT RESOLVED: Charlene Jung, City Treasurer of the City of Anaheim, is hereby designated to receive all distributions made pursuant to (i) the Final Report Motion or any order of the Bankruptcy Court relating thereto; and/or (ii) the Additional Funds Motion or any order of the Bankruptcy Court relating thereto. RESOLVED FURTHER that all distributions to which the City of Anaheim is entitled under or pursuant to the Final Report Motion and/or the Additional Funds Motion should be delivered to Charlene Jung. RESOLVED FURTHER that the form of the Release and Settlement Agreement which is attached to the Additional Funds Motion be and hereby is approved, and that the Mayor and City Clerk be and hereby are authorized and directed to execute and deliver the Release and Settlement Agreement on behalf of the City of Anaheim. Executed this day of February, 2000. B y: Jj, t,L,}tt_ ~, City Clerk City of Anaheim 34412.1 2