APFA 2001-1RESOLUTION NO. APFA 2001- 1
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ANAHEIM PUBLIC FINANCING AUTHORITY, APPROVING
THE FORM OF AN ASSIGNMENT AGREEMENT AND AN
ESCROW AGREEMENT AND AUTHORIZING THEIR
EXECUTION AND DELIVERY IN CONNECTION WITH THE
DEFEASANCE OF CERTAIN BONDS OF THE AUTHORITY
WHEREAS, the City of Anaheim (the "City') and the Anaheim
Redevelopment Agency have heretofore entered into a Joint
Exercise of Powers Agreement establishing the Anaheim Public
Financing Authority (the "Authority'); and
WHEREAS, at the City's request the Authority has heretofore
issued $20,000,000 in aggregate principal amount of its Revenue
Bonds, Series 1994 (City of Anaheim Water Utility Lenain
Filtration Plant Project) (the "Bonds"); and
WHEREAS, the City intends to borrow $18,062,849 from the
California Department of Water Resources under the Safe Drinking
Water State Revolving Fund (the "State Loan") and use the
proceeds of the State Loan to refund its obligations relating to
the Bonds; and
WHEREAS, in order to provide for repayment of the State Loan
from the City's Water Utility Fund on the same basis as the
City's payment obligation with respect to the Bonds, the City and
the Authority wish to amend and assign certain of the Authority's
rights under the Installment Purchase Agreement relating to the
Bonds pursuant to an Amendment and Assignment Agreement (the
~Assignment Agreement") between the Authority and the City, the
proposed form of which has been presented to this Board; and
WHEREAS, the City and the Authority wish to deposit the
proceeds of the State Loan and certain other moneys in an escrow
fund created pursuant to an Escrow Agreement (the "Escrow
Agreement") among the Authority, the City and BNY Western Trust
Company, as escrow agent, the proposed form of which has been
presented to this Board, to provide for the defeasance of the
Bonds; and
WHEREAS, the Authority has determined that it is in its best
interest to approve the Assignment Agreement and the Escrow
Agreement and authorize and approve the transactions contemplated
thereby;
NOW, THEREFORE, the Board of Directors of the Anaheim Public
Financing Authority does hereby resolve, determine and order as follows:
SECTION 1: The Board hereby approves the Assignment
Agreement in the form thereof on file with the Secretary,
together with such additions thereto and changes therein as are
approved by the Chairman, the Executive Director or their
respective designees, such approval to be conclusively evidenced
by the execution and delivery thereof. Each of the Chairman and
the Executive Director, and their respective designees, is hereby
authorized to execute, and the Secretary is hereby authorized to
attest and affix the seal of the Authority to, the final form of
the Assignment Agreement, for and in the name and on behalf of
the Authority. The Board hereby authorizes the delivery and
performance of the Assignment Agreement.
SECTION ~: The Board hereby approves the Escrow Agreement
in the form thereof on file with the Secretary, together with
such additions thereto and changes therein as are approved by the
Chairman, the Executive Director or their respective designees,
such approval to be conclusively evidenced by the execution and
delivery thereof. Each of the Chairman and the Executive
Director, and their respective designees, is hereby authorized to
execute, and the Secretary is hereby authorized to attest and
affix the seal of the Authority to, the final form of the Escrow
Agreement, for and in the name and on behalf of the Authority.
The Board hereby authorizes the delivery and performance of the
Escrow Agreement.
SECTION 3: The Chairman, the Executive Director, the
Treasurer and the Secretary of the Authority and the other
officers, employees and agents of the Authority are hereby
authorized and directed, jointly and severally, for and in the
name of the Authority, to do any and all things and to take all
actions, including execution and delivery of any and all
certificates, requisitions, agreements, notices, consents,
instruments and other documents which they, or any of them, may
deem necessary or advisable in order to effect the defeasance of
the Bonds and to consummate the transactions contemplated by the
Assignment Agreement, the Escrow Agreement and this Resolution,
and such actions previously taken by such officers, employees and
agents are hereby ratified and confirmed.
SECTION ~: This Resolution shall take effect from and after
its date of adoption.
APPROVED AND ADOPTED by the Anaheim Public Financing
Authority this 9th day of January, 2001, by the following vote:
By
FINANCING AUTHORITY
- SECRETARY OF THE ANAHEIM
PUBLIC FINANCING AUTHORITY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Sheryll A. Schroeder, Secretary of the Board of
Directors of the Anaheim Public Financing Authority, do hereby
certify that the foregoing Resolution No. APFA 2001- was
introduced and adopted at a regular meeting provided by law of
the Board of Directors of the Anaheim Public Financing Authority
held on the 9th day of January, 2001, by the following vote of
the members thereof:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
AND I FURTHER certify that the Chairman
signed said Resolution No. APFA 2001-
January, 2001.
of the Board of Directors
on the 9th day of
IN WITNESS WHEREOF,
seal of the Anaheim
, 2001.
I have hereunto set my hand and affixed the
Public Financing Authority this day of
(SEAL)
SECRETARY OF THE ANAHEIM
PUBLIC FINANCING AUTHORITY
I, Sheryll A. Schroeder, Secretary of the Board of Directors of
the Anaheim Public Financing Authority, do hereby certify that
the foregoing is the original Resolution No. APFA 2001- duly
passed and adopted by the Anaheim Public Financing Authority on
January 9, 2001.
SECRETARY OF THE ANAHEIM
PUBLIC FINANCING AUTHORITY
38421. l\LMOSES\December 28, 2000 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, Secretary of the Board of Directors of the Anaheim Public
Financing Authority, do hereby certify that the foregoing Resolution No. APFA2001-1 was
introduced and adopted at a regular meeting provided by law, of the Board of Directors of the
Anaheim Public Financing Authority held on the 9th day of January, 2001, by the following vote
of the members thereof:
AYES:
NOES:
ABSENT:
BOARD MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
BOARD MEMBERS: None
BOARD MEMBERS: None
FINANCING AUTHORITY
(SEAL)