93-080 CITY OF ANAHEIM P. ESOLUTION NO. 93R- 80
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA APPROVING (I) THE FIRST
SUPPLE/~ENTAL TRUST AGREE14ENT (COMBUSTION TURBINE);
(II) THE FIRST SUPPLEMENTAL TRUST AGREEMENT
(UTILITIES BUILDING) AND (III) CERTAIN ACTIONS IN
CONNECTION THEREWITH
WHEREAS, the City of Anaheim (the "City") has previously
executed and delivered a Trust Agreement, dated as of November 1,
1990, among the City, the Anaheim Public Improvement Corporation
(the "Corporation") and Bankers Trust Company of California,
National Association, as Trustee (the "Utilities Building Trustee")
(the "Utilities Building Trust Agreement") with respect to the
execution and delivery of $41,605,000 aggregate principal amount of
the City's Electric System Certificates of Participation (Public
Utilities Building) (the "Utilities Building Certificates"); and
WHEREAS, in order to provide that moneys may be released
from the Reserve Account for the Utilities Building Certificates in
the event of a reduction in the Reserve Requirement for the
Utilities Building Certificates as a result of a refunding or
otherwise, an amendment to the Utilities Building TL~ust Agreement
is desirable and in the best interests of the parties to the
Utilities Building Trust Agreement; and
WHEREAS, Section 8.02 of the Utilities Building Trust
Agreement provides that the Utilities Building Trust Agreement may
be amended in specified circumstances by a supplemental trust
agreement, entered into among the Utilities Building Trustee, the
City and the Corporation; and
WHEREAS, the City, the Corporation and the Utilities
Building Trustee desire to execute and deliver the First
Supplemental Trust Agreement, dated as of May 1, 1993, among the
City, the Corporation and the Utilities Building Trustee (the
"First Supplemental Trust Agreement (Utilities Building)") the
proposed form of which has been presented to this City Council, to
accomplish such amendment to the Utilities Building Trust
Agreement; and
WHEREAS, the City has previously executed and delivered
a Trust Agreement, dated as of September 15, 1989, among,the City,
the Corporation and The Bank of New York Trust COmpany of
California, as Trustee (the "Combustion Turbine Trustee") (the
"CombustionTurbine Trust Agreement") with respect to the execution
and delivery of $44,336,145.10 aggregate initial principal amount
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of the City's Electric System Certificates of Participation
(Combustion Turbine Peaking Plant) (the "Combustion Turbine
Certificates"); and
W~EREAS, in order to provide that moneys may be released
from the Reserve Account for the Combustion Turbine Certificates in
the event of a reduction in the Reserve Requirement for the
Combustion Turbine Certificates as a result of a refunding or
otherwise, an amendment to the Combustion Turbine Trust Agreement
is desirable and in the best interests of the parties to the
Combustion Turbine Trust Agreement; and
W~ERF~A~, Section 8.02 of the Combustion Turbine Trust
Agreement provides that the Combustion Turbine Trust Agreement may
be amended in specified circumstances by a supplemental trust
agreement, entered into among the City, the Corporation and the
Combustion Turbine Trustee; and
W~ER~AS, the City, the Corporation and the Combustion
Turbine Trustee desire to execute and deliver the First
Supplemental Trust A~reement, dated as of May 1, 1993, among the
City, the Corporation and the Combustion Turbine Trustee (the
"First Supplemental Trust A~reement (Combustion Turbine)") the
proposed form of which has been presented to this City Council, to
accomplish such amendment to the Combustion Turbine Trust
A~reement; and
W~EREA~, the City has determined that it is in the best
public interest of the City and the citizens of the City to approve
certain documents mentioned above and authorize and approve the
transactions contemplated thereby.
NOW, T~EREFORE, the City Council of the City of Anaheim,
California, does hereby resolve, determine and order as follows:
SECTION 1: That the First Supplemental Trust Agreement
(Utilities Building) and the First Supplemental Trust Agreement
(Combustion Turbine) presented to this City Council are 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 agreements. The agreements shall
be executed in the forms hereby approved, with such additions
thereto and changes therein as are approved by the Public Utilities
GeneralManager (or, in the absence of the Public Utilities General
Manager, the Public Utilities Financial Services Manager), such
approval to be conclusively evidenced by the execution and delivery
thereof.
SECTION 2~ The Mayor, the City Manager, ~e Public
Utilities General Manager and the Public Utilities Pinancial
Services Manager, the City Clerk, City Attorney and City Treasurer
and the other officers and officials of the City are hereby
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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 the First Supplemental Trust Agreement
(Utilities Building), the First Supplemental Trust Agreement
(Combustion Turbine) 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.
PASSED AND ADOPTED this 18th day of May, 1993, by the
following vote:
AYES: Hunter, Pickler, Simpson, Daly
NOES: None
ABSENT: Feldhaus
[SEAL] ~ ~
ATTEST: ~
City Clerk
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CLERK
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. 93R- 80 was
introduced and adopted at a regular meeting of the City Council of
the City of Anaheim duly called, noticed and held on the 18th day
of May, 1993, by the following vote of the members thereof:
AYES: COUNCILMES~ERS: Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Feldhaus
AND I FURTHER certify that the Mayor of the City of Anaheim signed
said Resolution No. 93R-8__0 on the 19th day of May, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Anaheim this ]9th day of May, 1993.
CITY CLERK OF THE CITY OF
ANAHEIM
(SEAL)
I, Leonora N, Sohl , City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original Resolution No. 93R-80
duly passed and adopted by the Anaheim City Council on May 18,
1993.
CITY CLERK
LA01 \6169\6066.2 94601.18