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94-108 RESOLUTION NO. 94R-108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING CERTAIN EXPENDITURES WITH RESPECT TO THE CITY'S ELECTRIC UTILITY SYSTEM TO BE REIMBURSED FROM FUTURE FINANCING WHEREAS, the city of Anaheim (the "City") has undertaken the design, planning, and installation of thermal energy storage systems program and the lighting efficiency equipment program in connection with the City's Partners in Energy Efficiency Program and the planning, development, purchase, construction, repair and replacement of facilities for the transmission and distribution of electric energy (collectively, the "Program"); and WHEREAS, the city has begun or will begin to make expenditures with respect to costs of the Program; and WHEREAS, the city intends to make arrangements to finance the costs of the Program through the Financing Authority for Resource Efficiency of California, which financing may be structured so as to bear interest which is excluded from gross income for Federal income tax purposes; and WHEREAS, the City has not yet finalized the arrangements for such financing for costs of the Program, but is proceeding with the Program at this time by making expenditures (from sources other than proceeds of such financing) on an interim basis with the intention that such expenditures be reimbursed from proceeds of such financing to the maximum extent permitted by law and prudent in the judgment of the City, and the City desires to confirm its intentions with respect to such expenditures; NOW, THEREFORE, BE IT RESOLVED that: SECTION X: Pending the consummation of such financing, the city has made, and intends to continue to make, expenditures with respect to the Program on an interim basis from monies in the Electric Revenue Fund. SECTION Z: The City intends that expenditures made on an interim basis from such Electric Revenue Fund with respect to costs of the Program prior to the consummation of such financing are, to the fullest extent possible, to be reimbursed to the City from the proceeds of such financing upon its consummation; provided, however, that the maximum principal amount of debt to LA01 \60?0\14459.4 95434.2 be issued with respect to the Program shall not exceed $6,000,000. SECTION 3: While the City is not bound to proceed with financing for the Program, the City reasonably expects, based on all presently existing relevant facts and circumstances after due inquiry, to proceed with such financing for the Program, and to reimburse itself from the proceeds of such financing. SECTION 4: This resolution shall take effect on its date of adoption. PASSED AND ADOPTED this 21st day of June 1994, by the following vote: AYES: NOES: ABSENT: ATTEST: City Cl~rk LA01 \6070\14459.4 2 95434.2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-108 was introduced and adopted a!: a regular meeting provided by law, of the Anaheim City Council held on the 21st day of June, 1994, by the following vote or the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor oi: the City of Anaheim signed said Resolution No. 94R-108 on the 22nd day of June, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of June, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the Cit~, of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 94R~108 was duly passed and adopted by the City Council of the City of Anaheim on June 21, 1994. CITY CLERK OF THE CITY OF ANAHEIM