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HomeMy WebLinkAboutResolution No. 93-C095RESOLUTION NO. 93-C95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RATIFYING ACTION TAKEN IN FURTHERANCE OF THE ACQUISITION OF SHARES OF AZUSA VALLEY WATER COMPANY AND THE ISSUANCE AND SALE OF NOT TO EXCEED $30,000,000 PRINCIPAL AMOUNT OF REVENUE BONDS RELATING TO SUCH ACQUISITION WHEREAS, the City of Azusa (the "City") and the Redevelopment Agency of the City have entered into a Joint Exercise of Powers Agreement dated January 2, 1990, establishing the Azusa Public Financing Authority (the "Authority"); WHEREAS the City and the Authority have taken steps to enable the City to acquire (the "Acquisition") the right to operate the water system of Azusa Valley Water Company, a business corporation ("AVWC"); WHEREAS, to further the Acquisition, the Authority has caused the formation of Azusa Public Improvement Corporation, a nonprofit public benefit corporation ("Newco I"), which in turn has caused the formation of Azusa Public Financing Corporation, a business corporation ("Newco II"); WHEREAS, to effectuate the Acquisition, Newco I, the Authority, the City and AVWC, have entered into the Agreement Re Tender Offer dated as of April 15, 1993, pursuant to which Newco I has made a tender offer for all of the shares of common stock of AVWC; WHEREAS, for the purpose of providing funds for the Acquisition, the Authority has taken steps to issue its Azusa Public Financing Authority Revenue Bonds, Series A (City of Azusa Water System Acquisition Project), in an aggregate principal amount not to exceed $30,000,000 (the "Bonds"), pursuant to the Indenture of Trust dated as of June 1, 1993 by and between First Interstate Bank of California, as Trustee, and the Authority; WHEREAS, to date officers, directors and agents of the City, the Authority, Newco I and Newco II have each taken steps in furtherance of the Acquisition and the issuance and sale of the Bonds; NOW, THEREFORE, the City Council of the City of Azusa, California, does hereby resolve, determine and order: Section 1. Ratification of Past Actions. All lawful actions taken to date by any officer, director or agent of the City, the Authority, Newco I or Newco II, on behalf of the City, the Authority, Newco I or Newco II, including but not limited to, the execution and delivery of documents, in the furtherance of the Acquisition and the issuance and sale of the Bonds, are hereby F:\WP51\AZWATER\H1SC\AZUSA.952 e 4 • • ratified and approved. Section 2. Official Actions. The Mayor, the City Administrator and any and all other proper officers and agents of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution of documents, which they, or any of them, may deem necessary or advisable in order to lawfully further the Acquisition and the issuance and sale of the Bonds. Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Azusa, held this 19th day of July, 1993, on the following vote: 0, AM I I m- RE g 4140 I HEREBY CERTIFY the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof held on the 19th day of July, 1993. AYES: COUNCILMEMBERS: MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS: DANGLEIS F:\WP51\AZWATER\MISC\AZUSA.952