HomeMy WebLinkAboutCity Council - 2000-18 RESOLUTION NO. 2 0 0 0-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING SHARI L. FREIDENRICH, CITY TREASURER, TO RECEIVE ALL
DISTRIBUTIONS MADE PURSUANT TO FINAL REPORT MOTION AND ADDITIONAL
FUNDS MOTION OR ANY ORDER OF BANKRUPTCY COURT IN THE COUNTY OF
ORANGE BANKRUPTCY AND AUTHORIZING THE CITY ATTORNEY AND THE CITY
ADMINISTRATOR TO EXECUTE AND DELIVER RELEASE AND SETTLEMENT
AGREEMENT RELATING TO ADDITIONAL FUNDS
WHEREAS, the City of Huntington Beach 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"); and
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"); and
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
The City of Huntington Beach 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,
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington
Beach that Shari L. Freidenrich, City Treasurer, 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.
BE IT FURTHER RESOLVED that all distributions to which the City of Huntington
Beach is entitled under or pursuant to the Final Report Motion and/or the Additional Funds
Motion should be delivered to Shari L. Freidenrich.
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Resolution 2000-18
BE IT FURTHER RESOLVED that the form of the Release and Settlement Agreement
which is attached to the Additional Funds Motion be and hereby is approved, and that the City
Attorney, Gail Hutton, and the City Administrator, Ray Silver,be and hereby are authorized and
directed to execute and deliver the Release and Settlement Agreement on behalf of the City of
Huntington Beach.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of February 2000.
ATTEST:
1ty Clerk
REVIEWED AND
APPROVED: APPROVED AS TO FORM:
City Administrator City Attorney
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INITIATED AND APPROVED:
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City Attorney
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Res. No. 2000-18
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council at a
regular meeting thereof held on the 7th day of February, 2000 by the following
vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff
NOES: None
ABSENT: Bauer, Harman (out of room)
ABSTAIN: None
City Clerk and ex-officio Cl k of the
City Council of the City of Huntington
Beach, California