Loading...
HomeMy WebLinkAboutResolution No. 73070 • RESOLUTION NO. 7307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, RELATING TO THE AZUSA AGRICULTURAL WATER COMPANY, A CALIFORNIA CORPORATION. THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: WHEREAS, the City of Azusa is the record and beneficial owner of 4,730 shares of stock in The Azusa Agricultural Water Company, a California Corporation, (the "Company") constituting approximately 78.8 percent of the issued and out- standing stock of the Company; WHEREAS, the Mayor of the City of Azusa, Mr. Eugene F. Moses, is the President and a member of the Board of Directors of the Company and the Director of Public Works for the City of Azusa, Mr. Michael Wells, is a Director of the Company; WHEREAS, Mr. Moses on behalf of the City of Azusa and as President and a Director of the Company caused Notice of a Special Meeting of the Shareholders of the Company to be called and noticed for the 22nd day of July, 1983, for the purpose of removing the existing Board of Directors and electing a new Board of Directors: WHEREAS, the Board of Directors of the Company has failed to acknowledge that the Special Meeting of the Shareholders called and noticed for July 22, 1983, is duly called and noticed; but rather has called and noticed a Special Meeting of the Shareholders of the Company for August 24, 1983, for the purpose of removing the existing Board of Directors and electing a new Board of Directors; WHEREAS, the Board of Directors of the Company has requested that nomina- tions for the Board of Directors be submitted to the Company not later than July 25, 1983, for the August 23, 1983, Special Meeting of the Shareholders; WHEREAS, this Counsel believes it to be in the best interests of the City of Azusa to remove the existing members of the Board of Directors of the Company and to elect a new Board of Directors, WHEREAS, this Counsel believes it to be in the best interests of the City of Azusa to act on behalf of this City to vote the shares of stock of the Company owned by the City at the Special Meetings of the Shareholders to be held July 22, 1983 and August 24, 1983, and at any and all ajournments thereof; WHEREAS, this Counsel believes it to be in the best interests of this City to nominate certain persons for election to the Board of Directors of the Company; NOW, THEREFORE, BE IT RESOLVED, that Eugene Moses, Mayor and Chief Executive Officer of this City, be and hereby is, granted the power and authority to vote all shares of stock of the Company owned beneficially or of record by this City, at the Special Meetings of the Shareholders called and noticed for July 22, 1983, and August 24, 1983, and all adjournments thereof, in accordance with these resolutions, and, if these resolutions do not specifically direct a particular action, then in accordance with his sole discretion and judgement, in any and all matters that may properly come before either Meeting of the Shareholders of the Company or any adjournments thereof; RESOLVED FURTHER, that Mayor Eugene Moses be and hereby is granted the power and authority to appoint an attorney-in-fact to act in his name, place and stead with respect to all power and authority granted to him by these resolutions with respect to voting of the shares of stock of the Company owned by the City; 6 • RESOLVED FURTHER, that the shares of stock in the Company owned by the City be voted at both Meetings of the Shareholders and any and all adjournments thereof for the removal of the existing Board of Directors; RESOLVED FURTHER, that EUGENE F. MOSES, LUCID D. CRUZ, MICHAEL W. WELLS, ANTHONY POLI, and GAYLE AVAKIAN, be nominated for election to the Board of Directors of the Company, and Mayor Eugene Moses, be and hereby is, authorized and directed to cause notice of the nomination of the aforementioned persons to stand for election to the Board of Directors of the Company to be delivered to the Company on or before 5:00 p.m., July 25, 1983; RESOLVED FURTHER, that Mayor Eugene Moses be, and hereby is, authorized and directed to vote the shares of stock of the Company owned by this City for the election of the above named individuals and to allocate such votes among such nominees in the manner he deems, in his sole discretion and judgment, to most effectively achieve the election of such persons, or as many of them as reasonably practicable, to the Board of Directors of the Company; RESOLVED FURTHER, that Mayor Eugene Moses be, and hereby is, authorized to negotiate with the Shareholders of the Company the roster of nominees; RESOLVED FURTHER, that because this City is a legal entity, capable of owning shares but not capable of becoming a member of the Board of Directors of the Company, it is intended that each such person shall stand and act in the name, place and stead of this City in connection with qualifications to election to the Board of Directors of the Company; RESOLVED FURTHER, that Mayor Eugene Moses and Rutan & Tucker, a partnership consisting of professional corporations, special counsel to the City, and each officer of the City, be and hereby are authorized and directed to take any, and all further acts as may be necessary or appropriate to carry out the purposes and intent of these resolutions. ADOPTED AND APPROVED this 18th day of July, 1983. I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof, held on the 18th day of July, 1983, by the following vote of the Council: AYES: COUNCILMEMBERS: HART, LATTA, MOSES NOES: COUNCILMEMBERS: DECKER, CRUZ ABSENT: COUNCILMEMBERS: NONE CITY CLERK - 2 - E RESOLUTION NO. 7306 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE CITY OF AUZSA FOR THE FISCAL YEAR COMMENCING JULY 1, 1983 and ENDING JUNE 30, 1984. THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The budget for the City of Azusa for the fiscal year commencing July 1, 1983, and ending June 30, 1984, as prepared and submitted by the City Administrator and as modified by the City Council, is hereby approved and adopted as the budget of the City of Azusa for said fiscal year. A copy of said budget is hereby ordered filed in the Office of the City Clerk and shall be certified by the City Clerk as having been adopted by this resolution. SECTION 2. From the effective date of said budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies of the City for the respective objects and purposes therein set forth, subject to expenditure pursuant to the provisions of all applicable ordinances of the City and statutes of the State. SECTION 3. All appropriations in the 1982-83 budget of the City not expended or encumbered hereby expire and terminate, except for those appropriations expressly continued and carried forward into the budget for 1983-84. SECTION 4. Amounts appropriated to any account for any object or purpose may be transferred to a different account for the same general purpose within the department or activity upon recommendation of the department head and the Finance Officer of the City and approval by the City Administrator. Transfer of funds for one purpose to another or from one department or activity to another shall require an amendment of the budget by the City Council. SECTION 5. The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 18thday of July, 1983. • I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 18thday of July, 1983, by the following vote of the Council: AYES: COUNCILMEMBERS: DECKER, HART, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS NONE CITY CLERK CITY OF AZUSA BUDGET SUMMARY 1983-84 ENTERPRISE FUNDS Water 1,249,415 EXPENDITURES 300,000 1,706,515 FUNDING (245,485) 1,706,515 CURRENT CAPITAL 235,500 1,000,000 CURRENT FROM (TO) 167,645 FUND OPERATIONS OUTLAYS TRANSFERS TOTAL REVENUE TRANSFERS RESERVES TOTAL GENERAL CITY FUNDS Total City 24,308,888 1,033,671 2,615,000 27,957,559 25,184,500 2,615,000 158,059 General Proposition A Transp. General Revenue Sharing 9,357,928 309,471 115,000 9,667,399 115,000 7,032,500 225,000 2,615,000 19,899 (1 0,000) 9,667,399 115,000 (2,615,000) 500,000 500,000 440,000 60,000 500,000 County Gas Tax 40,000 40,000 40,000 40,000 State Gas Tax 100,000 700,000 800,000 534,000 266,000 800,000 Coummunity Development 156,400 191,600 348,000 348,000 348,000 Total General City 9,514,328 641,071 1,315,000 11,470,399 8,619,500 2,615,000 235,899 11,470,399 ENTERPRISE FUNDS Water 1,249,415 157,100 300,000 1,706,515 1,952,000 (245,485) 1,706,515 Light 13,545,145 235,500 1,000,000 14,780,645 14,613,000 167,645 14,780,645 Total Enterprise 14,794,560 392,600 1,300,000 16,487,160 16,565,000 (77,840) 16,487,160 Total City 24,308,888 1,033,671 2,615,000 27,957,559 25,184,500 2,615,000 158,059 27,957,559 Less: Inter -Fund Transfers (2,615,000) (2,615,000) 25,342,559 25,342,559 6/29/83 16