HomeMy WebLinkAbout2000-15 - Authorizing Resolution•
RESOLUTION NO. 2000- 15
CERTIFICATE OF ADOPTION OF AUTHORIZING RESOLUTION
The undersigned is the duly appointed or elected official of the City of Newport Beach,
including B of A - City of Newport Beach and Newport Beach Library (the "Option A Pool
Participant "). At a duly held meeting of the City Council of the foregoing Option A Pool
Participant held on February 8, 2000, the following resolutions were duly adopted.
Whereas, the City of Newport Beach, including B of A - City of Newport Beach and
Newport Beach Library is an Option A Pool Participant, as that term is defined in the Second
Amended Plan of Adjustment ( "Plan ") for the County of Orange ( "County");
• Whereas, the Representative, as that term is used in the Plan, has served a Notice of
Motion and Motion of the Representative for Order Approving (1) Distribution of Net
Litigation Proceeds; (2) Distribution in Respect of Assigned Excluded Claims; (3) The
Representative's Fee; (4) Certain Other Actions of the Representative; and (5) The
Representative's Final Report ( "Final Report Motion ");
•
Whereas, the Pool Committee and the County have served a Notice of Motion and
Joint Motion for Order Approving Compromise Regarding Additional Funds and
Reclassification of Claims ( "Additional Funds Motion "), which motion describes the proposed
division of certain "Additional Funds "; and
Whereas, the City of Newport Beach, including B of A - City of Newport Beach and
Newport Beach Library is entitled to a distribution of Net Litigation Proceeds, Additional
Funds and other funds as described in the Final Report Motion and the Additional Funds
Motion;
50083245VI
is NOW THEREFORE,
BE IT RESOLVED: Dennis C. Danner is hereby designated to receive all distributions
made pursuant to (i) the Final Report Motion or any order of the Bankruptcy Court relating
thereto; and /or (ii) the Additional Funds Motion or any order of the Bankruptcy Court
relating thereto.
RESOLVED FURTHER that all distributions to which the City of Newport Beach is
entitled under or pursuant to the Final Report Motion and /or the Additional Funds Motion
should be delivered to Dennis C. Danner.
RESOLVED FURTHER that the form of the Release and Settlement Agreement which
is attached to the Additional Funds Motion be and hereby is approved, and that Dennis C.
Danner be and hereby is authorized and directed to execute and deliver the Release and
Settlement Agreement on behalf of the City of Newport Beach, including B of A — City of
Newport Beach and Newport Beach Library.
• Executed this 8th day of February 2000.
By:
1burnalure of tifying Officer]
Mayor
[Title of Certifying Officer]
City of Newport Beach
[Name of Pool Participant]
•
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2000 -15 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th
day of February, 2000, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Glover, Adams, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Absent: Thomson, Debay
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
• official seal of said City this 91h day of January, 2000,
(Seal)
•
City Clerk
Newport Beach, California