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94-109 CITY OF ANAHEIM RESOLUTION NO. 94R-109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFOP,_NIA APPROVING AMENDMENT NO. 2 TO REVOLVING CP~DIT AGREEMENT AND CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Anaheim (the "City") has previously executed and delivered a Revolving Credit Agreement (as amended, the "Revolving Credit Agreement") , dated as of June 29, 1993, among the City, Bank of America National Trust and Savings Association, as Agent (the "Agent"), Bank of America National Trust and Savings Association, as a Bank ("Bank of America") and Morgan Guaranty Trust Company of New York, as a Bank ("Morgan Guaranty") and a First Amendment to Revolving Credit Agreement, dated as of July 28, 1993, by and among the City, the Agent, Bank of America and Morgan Guaranty; and WHEREAS, Section 8.1 of the Revolving Credit Agreement provides that the Revolving Credit Agreement may be amended in specified circumstances by an amendment to the Revolving Credit Agreement, entered into among the City, the Agent, Bank of America and Morgan Guaranty; and WHEREAS, the City, the Agent, Bank of America and Morgan Guaranty desire to execute and deliver Amendment No. 2 to Revolving Credit Agreement, among the City, the Agent, Bank of America and Morgan Guaranty ("Amendment No. 2 to Revolving Credit Agreement") the proposed form of which has been presented to this City Council, to accomplish such amendment to the Revolving Credit Agreement; and WHEREAS, the City has determined that it is in the best public interest of the City and the citizens of the City to approve the document mentioned above and authorize and approve the transactions contemplated thereby. NOW, THEREFORE, the City Council of the City of Anaheim, California, does hereby resolve, determine and order as follows: SECTION 1: That Amendment No. 2 to Revolving Credit Agreement presented to this City Council is 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 agreement. The agreement shall be executed in the form hereby approved, with such additions thereto and changes therein as are approved by the Public Utilities General Manager (or, in the absence of the Public Utilities General Manager, the Assistant General Manager of Finance and Administration of the LA01 \6169\1512~.3 94601.3 Public Utilities Department or the Public Utilities Financial Services Manager), and are in substantial conformance with the form hereby approved, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 2: The Mayor, the City Manager, the Public Utilities General Manager, the Assistant General Manager of Finance and Administration of the Public Utilities Department, the Public Utilities Financial Services Manager, the City Clerk, the City Attorney and the City Treasurer and the other officers and officials 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 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 Amendment No. 2 to Revolving Credit Agreement 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. PA~SED A~D ADOPTED this 21st day of June, 1994, by the following vote: AYES: NOES: ABSENT: ATTEST:_ ~ City Clerk LA01 \6169\15122.3 2 94601 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. 94R-109 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 21st day of June, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: F,~ldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-109 on the 22nd day of June, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of June, 1994. CITY CLERK OF The CITY Of ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the Cit~, of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 94R-109 was duly passed and adopted by the City Council of the City of Anaheim on June 21, 1994. CITY CLERK OF THE CITY OF ANAHEIM