80R-097
CITY OF AJ.~AHEIM
RESOLUTION NO. 80R-97
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA,
SUPPLEMENTING RESOLUTION NO. 80R-75
WHEREAS, this City Council heretofore adopted its
Resolution No. 80R-75 (the "Resolution"), authorizing the
issuance of $7,350,000 water revenue bonds of the City of
Anaheim; and
WHEREAS, Bank of America National Trust and Savings
Association was appointed as Fiscal Agent pursuant to Section
11 of the Resolution; and
WHEREAS, in conjunction with or pending approval
of a definitive fiscal agency agreement with the City, said
Fiscal Agent has requested this City Council to make certain
determinations supplemental to those set forth in the
Resolution;
NOW, THEREFORE, the City Council of the City of
Anaheim, California, DOES HEREBY RESOLVE, DETERMINE AND
ORDER as follows:
Section 1. Equality of 1971 Bonds and 1980 Bonds.
It is understood that the outstanding Water Revenue Series
1971 Bonds, issued pursuant to Resolution No. 7lR-233, and
the Water Revenue Bonds, 1980 Series, to be issued pursuant
to the Resolut~on, rank on a parity with respect to payment out
of the net revenues of the waterworks system of the City.
Consequently, moneys held by the Fiscal Agent in the Water
System Revenue Bond and Interest Fund and in the Water
System Revenue Bond Reserve Fund may be applied, pursuant to
Resolution No. 7lR-233 and the Resolution, without preference
or priority as between the two bond issues. Except as other-
wise provided in the Resolution, moneys in the Water System
Revenue Bond Sinking Fund shall be applied solely to pay
the principal of the 1980 Series Term Bonds.
Section 2. Registration. Notwithstanding the
request of any bondholder, no registration, transfer after
registration or discharge from registration need be made
during the ten day period preceding an interest payment date.
Section 3. Redemption. If the City elects
to call and redeem any bonds prior to maturity, it shall so
2.
notify the Fiscal Agent in writing at least 60 days prior
to the redemption date. The Fiscal Agent shall thereafter
be responsible for publishing and mailing a notice of
redemption, as provided in this Resolution. Prior to the
redemption date, the City shall establish a Redemption
Fund with the Fiscal Agent, and shall deposit sufficient
moneys in said fund to redeem the bonds designated for
redemption.
Section 4. Investment of Funds Held by Fiscal Agent.
The Resolution provides for the temporary investment of moneys,
including moneys in funds held by the Fiscal Agent, in
certain authorized investments (as defined therein), and
further provides that any income realized from such invest-
ments shall be credited to such funds and any losses resulting
from such investments shall be charged to such funds. The
Fiscal Agent shall not be liable for any such losses, resulting
from investments made by it, so long as such investments are
made in accordance with the Resolution.
Section 5.
Amendment of Bond Covenants With
Consent of Bondholders. The procedures for obtaining the
~onsent of bondholders to an amendment, waiver or modification
of the covenants contained in the Resolution are generally
set forth in Section 25 thereof. To assist in determining
~he voting qualifications of any bondholder, the Treasurer
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shall prepare and deliver to the chairman of the meeting
a list of the names and addresses of the registered owners
of bonds, and a statement of the names, addresses and the
maturities and serial numbers of the bearer bonds held
and deposited by the bondholders so named.
ADOPTED, SIGNED AND APPROVED THIS 11th day of
March, 1980.
ATTEST:
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~' City Clerk
[Seal j
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CI TY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 80R-97 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 11th day of March, 1980, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL M~1BERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 80R-97 on the 11th day of March, 1980.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of March, 1980.
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Clri~C~~~~IM
(S EAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 80R-97 duly passed and adopted
by the Anaheim City Council on March 11, 1980.
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CI'IT CLERK