92-17322049-05 JHHW:BDQ:rhc 07/14/92
07/22/92
07/28/92
08/04/92
CITY OF ANAHEIM
RESOLUTION NO. 92R-173
A RESOLUTION APPROVING FORMATION OF, AND
MEMBERSHIP BY THE CITY OF ANAHEIM IN, THE LOCAL
MEDICAL FACILITIES FINANCING AUTHORITY IV AND THE
EXECUTION OF THE JOINT EXERCISE OF POWERS
AGREEMENT RELATING TO THE AUTHORITY
RESOLVED, by the City Council of the City of Anaheim, California (the "City"), as
follows:
WHEREAS, the City is considering proceedings, together with other local agencies
(collectively, the "Participants"), for the coordinated financing of facilities for local nonprofit,
health corporations located within, or impacting upon, the geographic boundaries of one or more
Participants and in connection therewith the City proposes to form, with the other Participants, a
joint exercise of powers authority pursuant to Article 1 (commencing with section 6500) of Chapter
5 of Division 7 of Title 1 of the California Government Code to exercise the common powers of
the Participants;
WHEREAS, the form of joint exercise of powers agreement (the "Agreement") among the
City and other the Participants, creating the Local Medical Facilities Financing Authority IV (the
"Authority"), has been filed with the City, and the members of the City Council, with the aid of its
staff, have reviewed the Agreement;
WHEREAS, Olive Crest Treatment Centers, Inc. and Feedback Foundation, Inc. (the
"Corporations"), each a nonprofit, public benefit corporation organized and existing under the laws
of the State of California, have requested that the City participate in the formation of the Authority
to enable the financing of certain health facilities for the Corporations in and to the benefit of the
City; and
WHEREAS, formation of the Authority is contingent upon several actions including: each
participating local nonprofit, health corporation, including the Corporations, will obtain credit
enhancement through guarantees provided by the Office of Statewide Health Planning and
Development of the State of California; each participating local nonprofit, health corporation,
including the Corporations, will provide additional credit enhancement as necessary to obtain a
Standard & Poor's Corporation "AAA" rating; full participation as Authority members by the City
and by the Cities of Garden Grove and Orange; each participating local nonprofit, health
corporation, including the Corporations, will execute an indemnification agreement providing the
Authority and each member city full indemnity against all risks attributable to the financing; and
establishment of an expense fund sufficient to pay all annual administrative expenses of the
Authority and its members;
NOW, THEREFORE, it is hereby DETERMINED and ORDERED as follows:
Section 1. Membership in the Authority. The City Council hereby approves membership by
the City in the Authority.
Section 2. Approval of Agreement. The City Council hereby approves the form of, and
authorizes the Finance Director or his designee to execute the Agreement, in substantially the form
on file with the City Clerk, together with any changes therein deemed advisable by the official
signing the Agreement.
Section 3. Representation of City on Authority Board. The City Council hereby appoints
the Finance Director, or his designee, as the City's representative on the Board of Directors of the
Authority.
Section 5. Official Action. The Mayor, the City Manager, the Finance Director, the City
cler~ and other officers and officials of the City, are hereby authorized and directed to take all
actions and do all things necessary or desirable hereunder with respect to membership in the
Authority including, but not limited to, the execution and delivery of any and all agreements,
certificates, instruments and other documents which they, or any of them, may deem necessary or
desirable and not inconsistent with the purposes of this resolution.
The FOREGOING RESOLUTION was approved and adopted by the City Council of the
Cir~, of Anaheim this 1 lth day of August, 1992, by the following vote:
Attest:
CrI¥ CLERK OF ITY OF
STATE OF CALIFORNIA )
ORANGE COUNTY )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the
foregoing Resolution No. 92R-. 173 was introduced and adopted at a regular meeting provided
by law of the City Council of the City of Anaheim held on the 1 lth day of August, 1992, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 92R- 173 on the 12th day of August ,1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Anaheim this 12th dayof Aueust , 1992.
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the
foregoing is the original of Resolution No. 92R- ~7~ duly passed and adopted by the Anaheim
City Council on August 11, 1992.
CITY CLERK OF THE CITY OF
-3-