90-15911009-30 JHHW:SSW:ssw 2/27/90 W7250
CITY OF ANAHEIM
RESOLUTION NO. 90R-:~59
Second Supplemental Resolution of the City Council of
the City of Anaheim Amending and Supplementing
Resolution No. 86R-434, Adopted by the City Council
of the City of Anaheim on September 30, 1986,
as Amended and Supplemented by Resolution No. 86R-467, Adopted by
the City Council of the City of Anaheim on October 14, 1986,
Relating to General Obligation Bonds, Series 1986 A
(General Obligation Bonds, Series 1986 A)
Adopted May 8th ,1990
RESOLUTION NO. 90R-
Second Supplemental Resolution of the City Council of
the City of Anaheim Amending and Supplementing
Resolution No. 86R-434, Adopted by the City Council
of the City of Anaheim on September 30, 1986,
as Amended and Supplemented by Resolution No. 86R-467, Adopted by
the City Council of the City of Anaheim on October 14, 1986
Relating to General Obligation Bonds, Series 1986 A
RESOLVED, by the City Council of the City of Anaheim California, as follows:
WHEREAS, on September 30, 1986, the City Council of the City of Anaheim (the
"City") adopted its resolution entitled "Resolution No. 86R-434, A Resolution of the City
Council of the City of Anaheim Authorizing the Issuance of its General Obligation Bonds,
Series 1986 A" (the "Resolution") and on October 14, 1986, the City Council of the City of
Anaheim adopted its Resolution No. 86R-467 amending and supplementing the
Resolution (the "First Supplemental Resolution");
WHEREAS, Section 8.01 of the Resolution provides that it may be amended,
without the consent of the owners of the bonds authorized by the Resolution, by
supplemental resolution to cure or correct any defect or inconsistent provision in the
Resolution;
WHEREAS, Sections 5.08 and 5.09 of the Resolution, as amended by Sections
2.08 and 2.09, respectively, of the First Supplemental Resolution contain provisions for
the rebate of excess investment earnings to the United States of America in accordance
with the requirements of section 148(f)(1) of the Internal Revenue Code of 1986 (the
"Code"), which provisions do not conform with certain temporary and proposed
regulations relating to such requirements and are therefore defective; and
WHEREAS, the City deems it desirable to amend Sections 5.08 and 5.09 of the
Resolution, as amended by Sections 2.08 and 2.09 of the First Supplemental Resolution,
to conform to the requirements of section 148(0(1) of the Code;
NOW, THEREFORE, IT IS HEREBY ORDERED AND DETERMINED as follows:
Section 1. Deletion of Section 5.08. Section 5.08 of the Resolution, as amended
by Section 2.08 of the First Supplemental Resolution, is hereby deleted.
Section 2. Amendment of Section 5.09. Section 5.09 of the Resolution, as
amended by Section 2.09 the First Supplemental Resolution, is hereby amended as
follows:
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(a) Subsections (a) through (e) of Section 5.09 of the Resolution, as amended by
Section 2.09 of the First Supplemental Resolution, are hereby deleted and new
subsection (a) is inserted in ~ieu thereof to read as follows:
"(a) Compliance with Code Section 148(f)(1). Except as otherwise
may be specified in the opinion of nationally recognized bond counsel, the
City covenants to rebate excess investment earnings to the United States
in accordance with the requirements of Code section 148(f)(1) and
applicable Regulations."
(b) Subsections (f) and (g) of Section 5.09 of the Supplemental Resolution, as
amended by Section 2,09 of the First Supplemental Resolution, are hereby relettered as
subsections (b) and (c), respectively, of Section 5.09.
Section 3. Effective Date. The amendments made by this Second Supplemental
Resolution shall be effective as if included in the Resolution as originally adopted.
PASSED AND ADOPTED this 8~.h day of May ,1990.
City Clerk
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORAi~GE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-159 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 8th day of May, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-159 on the 9th day of May, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 9th day of May, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-159, duly passed and
adopted by the Anaheim City Council on May 8, 1990.
CITY CLERK OF THE CITY OF ANAHEIM