5376ORDINANCE NO. 5376,
AMENDED AND RESTATED ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA,
PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE,
SALE AND SECURING OF WATER REVENUE
ANTICIPATION NOTES OF SAID CITY AND PROVIDING
THE TERMS AND CONDITIONS OF SAID NOTES.
WHEREAS, the City of Anaheim is a municipal corporation
organized and existing under a Charter duly and regularly adopted
pursuant to the provisions of the Constitution of the State of
California; and
WHEREAS, the City of Anaheim incurs expenditures with
respect to its water system; and
WHEREAS, Section 1210 of the Charter of the City of
Anaheim, as amended by a proposition duly submitted to and approved
by the qualified voters at a special municipal election held on
November 2, 1982, provides in relevant part as follows:
"[T]he City may also sell and issue at any
time and from time to time revenue
anticipation notes (including renewal revenue
anticipation notes) in anticipation of the
receipt of revenues of the City's water and
electric utilities; provided that the
aggregate principal amount of such revenue
anticipation notes outstanding in accordance
with their terms at any one time shall not
exceed, for each of such utilities, an amount
equal to 25% of the gross revenue earned by
the respective utility during the immediately
preceding fiscal year as set forth in the
audited financial statements of such utility
for such year. Such revenue anticipation
notes may be sold, issued, and secured in such
manner and subject to such terms and
conditions as the City Council may prescribe
by ordinance; provided that such revenue
anticipation notes shall not constitute an
indebtedness or general obligation of the City
of Anaheim and are not to be secured by the
taxing power of said City.";
WHEREAS, the City Council has determined that it is in
the best interests of the City of Anaheim to issue and sell Water
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Revenue Anticipation Notes pursuant to said Section 1210 of the
Charter to defray certain of the expenditures made or to be made
with respect to its water system; and
WHEREAS, pursuant to Ordinance No. 4415 adopted April 26,
1983 ("Ordinance No. 4415"), the City Council of the City of
Anaheim established procedures for the issuance, sale and securing
of Water Revenue Anticipation Notes of the City and providing terms
and conditions of said notes; and
WHEREAS, the City Council of the City at its meeting on
August 14, 1984, adopted an Ordinance designated as Ordinance No.
4530, amending said Ordinance No. 4415; and
WHEREAS, the City Council of the City at its meeting on
July 26, 1988, adopted a Resolution, designated as Resolution No.
88R-299, supplementing said Ordinance No. 4415; and
WHEREAS, the City Council of the City at its meeting on
March 3, 1992, adopted an Ordinance as Ordinance No. 5287, amending
said Ordinance No. 4415; and
WHEREAS, said Ordinance No. 4415, as so supplemented and
amended, is herein referred to as the "Original Ordinance"; and
WHEREAS, the City Council has determined that it is in
the best interest of the City of Anaheim to establish new
procedures for the issuance, sale and securing of water revenue
anticipation notes and to otherwise amend the Original Ordinance;
and
WHEREAS, all Notes outstanding on or after the
effectiveness of this Ordinance shall not constitute Notes
outstanding under the Original Ordinance but shall constitute Notes
outstanding under the Original Ordinance as amended by this
Ordinance; and
WHEREAS, the Original Ordinance as amended by this
Ordinance is hereby restated in its entirety in this Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
Section 1. Definitions. As used in this ordinance,
"Authorized Person," "Original Resolution," and "Qualified
Obligation Service" shall have the respective meanings ascribed
thereto in the Resolution. As used in this Ordinance:
(a) "Agreements" shall mean the Issuing and Paying Agent
Agreement and the Dealer Bank Agreement, each of which
agreements are to be authorized by resolution of the City
Council.
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(b) "Charter" shall mean the Charter of the City, as
amended from time to time.
(c) "City" shall mean the City of Anaheim, California.
(d) "Constitution" shall mean the Constitution of the
State of California, as amended from time to time.
(e) "Credit Agreement" shall mean any credit or other
agreement with respect to Notes approved by the Public
Utilities General Manager between the City and one or more
financial institutions appointed by the Public Utilities
General Manager, as such agreement may be supplemented and
amended from time to time.
(f) "Dealer" shall mean a dealer, underwriter or other
agent appointed by resolution of the City Council (and any
successor to such entity) for the purposes set forth in
Section 18 hereof.
(g) "Dealer Agreement" shall mean a dealer, underwriting
or other agreement between the City and the Dealer, as amended
from time to time, pursuant to which the Dealer will perform
certain services for the City described in Section 18 hereto.
(h) "Determination" shall mean the telephonic, telex or
other communication or written instructions given or delivered
to the Issuing and Paying Agent by an Authorized Person
pursuant to Section 7 hereof. Any instructions given by
telephone or telex or any other non -written instructions shall
be confirmed in writing within 24 hours.
(i) "Enterprise" shall mean the entire waterworks system
of the City, including all additions to, and improvements and
extensions of, said system later constructed or acquired.
(j) "Issuing and Paying Agent" shall mean the entity
appointed by resolution of the City Council, to perform the
services described in Section 17 hereof, and any successor to
such entity.
(k) "Issuing and Paying Agent Agreement" shall mean the
Issuing and Paying Agent Agreement between the City and the
Issuing and Paying Agent, as hereafter amended from time to
time approved by resolution of the City Council of the City,
pursuant to which the Issuing and Paying Agent will perform
certain services for the City described in Section 17 hereof.
(1) "Note" or "Notes" shall mean the City of Anaheim
Water Revenue Anticipation Notes authorized by the Ordinance
and the Resolution, including any renewals thereof.
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(m) "Ordinance" or "this Ordinance" shall mean this
Ordinance as from time to time amended or supplemented in
accordance with the Charter.
(n) "Outstanding" shall mean, when used with reference to
Notes, as of any date, all Notes theretofore or thereupon
being authenticated and delivered under the Ordinance except:
(i) Notes cancelled by the Issuing and Paying Agent
at or prior to such date;
(ii) Notes (or portions of Notes) for the payment
of which there shall have been deposited in trust,
with the Issuing and Paying Agent, either moneys in
an amount which will be sufficient, or direct or
guaranteed obligations of the United States of
America the principal of and interest on which,
when due, will provide moneys which, together with
any moneys also deposited, will be sufficient, to
pay at maturity the principal amount thereof, with
interest to the date of maturity;
(iii) Notes in lieu of or in substitution for which
other Notes shall have been authenticated and
delivered pursuant to this Ordinance and the
Resolution.
(o) "Qualified Obligations Account" shall mean the
Qualified Obligations Account in the Surplus Revenue Fund of
the City established by Section 13(a) hereof.
(p) "Remaining Surplus Account" shall mean the Remaining
Surplus Account in the Surplus Revenue Fund of the City
established by Section 13(a) hereof.
(q) "Resolution" shall mean Resolution No. 83R-169 of the
City Council adopted April 27, 1983, as amended and
supplemented from time to time, authorizing the issuance of
the Notes pursuant to this Ordinance and Section 1210 of the
Charter.
(r) "Surplus Moneys" shall mean (i) so long as any of the
City's 1990 Bonds or any Parity Bonds (together, the "Bonds")
are Outstanding, all moneys remaining in the Revenue Account
after payments to the following funds and accounts have been
made:
1)
2)
3)
4)
5)
M&O Account;
Bond Service
Reserve Fund;
R&R Account;
E&I Account;
Account, Sinking Account;
and
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and (ii) during such time as the Bonds are no longer
Outstanding, all Revenues of the City remaining after payment
of Operating Expenses. All capitalized terms used in this
subsection (s) and not defined herein shall have the meanings
given such terms in Resolution No. 90R-293 adopted by the City
on August 14, 1990, as amended or supplemented from time to
time, whether or not such Resolution shall remain in effect.
(s) "Surplus Revenues" shall mean Surplus Moneys
deposited in the Surplus Revenue Fund of the City pursuant to
Section 14(b) hereof.
(t) "Surplus Revenue Fund" shall mean the Water System
Surplus Revenue Fund of the City, a special fund of the City
held by the Treasurer, established by Section 13(a) hereof.
(u) "WRAN Account" shall mean the WRAN Account in the
Surplus Revenue Fund of the City established by Section 13(a)
hereof.
Section 2. Creation Amount Designation and Purpose of
Issue. In accordance with Section 1210 of the Charter, there is
hereby prescribed a procedure for the sale, issuance and securing
from time to time of the Notes. The principal amount of the Notes
Outstanding in accordance with their terms at any one time shall
not exceed 25% of the gross revenue earned by the Enterprise during
the immediately preceding fiscal year as set forth in the audited
financial statements of the Enterprise for such year. The Notes
shall be known as "City of Anaheim Water Revenue Anticipation
Notes" and shall be sold, secured and issued on such terms and
conditions as are hereinafter set forth, for the purpose of
financing and refinancing expenditures made or to be made in the
maintenance, repair and operation of the Enterprise, and
expenditures made or to be made to pay the costs of acquisition and
construction of additions to, enlargements, extensions and
improvements of the Enterprise.
Section 3. Findings and Determinations. The City Council
hereby finds and determines that:
(a) Municipal Affairs. The financing and refinancing of
expenditures made or to be made in the maintenance, repair and
operation of the Enterprise, and expenditures made or to be
made to pay the costs of acquisition and construction of
additions to, enlargements, extensions and improvements of the
Enterprise are incidental to the procurement and distribution
of water by the City and as such constitute municipal affairs
of the City which are not statewide concerns.
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(b) Conformity with Charter. This Ordinance authorizing
the procedure for the issuance of the Notes in all respects
conforms with the provisions of Section 1210 of the Charter.
(c) Existence of Prerequisites. Upon the issuance of the
Notes, any and all acts, conditions and things required to
exist, to happen and to be performed, precedent to and in the
issuance thereof, will exist, will have happened and will have
been performed, in due time, form and manner, as required by
the Constitution and the Charter.
Section 4. Terms and Conditions. Notes shall be issued
in such principal amount or amounts, be of such denomination or
denominations, shall bear such number or numbers, shall bear such
date or dates of issue and maturity or maturities and such rate or
rates of interest, as specified in one or more Determinations given
or delivered to the Issuing and Paying Agent pursuant to Section 7
hereof.
Unless the City Council shall otherwise direct by
resolution adopted prior to the issuance of any Note so to be
affected, each Note shall be issued in a principal amount equal to
the face amount thereof, with or without interest, and shall be
payable to the bearer (but if directed by a Determination from an
Authorized Person, the Issuing and Paying Agent shall instead
register the Note and make it payable to a designated payee),
without coupons, in a minimum denomination of $50,000. The Notes
shall be consecutively numbered and each Note shall be dated the
date of its issuance.
Each Note shall otherwise have such terms and conditions
as shall be set forth in a Determination to be delivered pursuant
to Section 7 hereof in connection with the issuance of such Note;
provided, however, that no Note (other than a Note securing
advances under a Credit Agreement) shall bear a rate of interest
(calculated on the basis of a 360 -day year) and/or discount
resulting in an interest cost, i.e., the effective rate of
interest, greater than 15% per annum.
Section 5. Sources of Payment. As provided in Section
1210 of the Charter, the Notes shall not constitute or evidence
indebtedness of the City and are not secured by the taxing power
the City, but shall be payable both as to principal and interest
from:
(a) the proceeds of water revenue anticipation notes
issued pursuant to this or subsequent ordinances pursuant to
Section 1210 of the Charter, including any such water revenue
anticipation note issued under any Credit Agreement;
(b) Surplus Revenues in the WRAN Account; and
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(c) any other lawfully available source of funds
permitted by Section 1210 of the Charter and determined by
subsequent resolution of the City Council to be a source of
funds for payment of the Notes.
Nothing herein will be deemed to limit the right of the
City, at its sole discretion, to pay principal of or interest on
the Notes from any other lawfully available source of funds
permitted by Section 1210 of the Charter.
Section 6. Medium, Place of Payment. The Notes shall be
payable both as to principal and interest, in lawful money of the
United States of America, at the principal corporate trust office
of the Issuing and Paying Agent, or any successor thereto, as more
fully provided in Section 17 hereof.
Section 7. Public or Private Sale, Delivery, Maturities
and Interest Rates. Each Note may be sold and issued through
public or private sale, at such time, in such amount, with such
maturity, at such rate of discount or interest, or both, at such
purchase price and with such other terms and conditions as may be
fixed at the time of sale thereof by an Authorized Person in
accordance with this Ordinance or with any subsequent amendatory
ordinance. Each Note shall be completed and delivered by the
Issuing and Paying Agent in accordance with a Determination of any
Authorized Person. A copy of the resolution appointing any
Authorized Person other than those designated herein shall be
delivered to the Issuing and Paying Agent. Each Determination
shall be substantially in the form established by the Resolution.
Section 8. Negotiability. Each Note shall be negotiable
and payable to bearer unless registered pursuant to the provisions
of Section 4 hereof, and the City and the Issuing and Paying Agent
may treat the bearer or registered payee thereof as the absolute
owner of such Note for the purpose of receiving payment thereof and
for all other purposes, and neither the City nor the Issuing and
Paying Agent shall be affected by any notice or knowledge to the
contrary.
Section 9. Form. The Notes shall be printed or
lithographed on safety paper and shall be substantially in the form
set forth in Exhibit A hereto, which form is hereby approved and
adopted as the form of the Notes, with such appropriate variations,
omissions and insertions as are permitted or required by the
Ordinance or the Resolution, including, without limitation,
appropriate legends and any legal opinions relating to the Notes.
Section 10. Execution. The Notes shall be signed on
behalf of the City by the Mayor and the City Clerk. The signatures
of the Mayor and the City Clerk upon the Notes shall be by
facsimile. Nevertheless, before the delivery of the Notes, the
City Council, by resolution, may authorize and direct any other
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officer or representative of the City to sign the Notes, in lieu of
either or both of the officers or representatives above named, and
may direct that such signatures shall be a manual or a facsimile
thereof. In case any officer or representative of the City who
shall have signed any of the Notes (including new Notes issued
pursuant to the provisions hereof with reference to lost,
destroyed, or mutilated Notes), or a facsimile of whose signature
shall be used thereon, shall cease to be such officer or
representative, before such Notes so signed shall have been
actually issued, the Notes shall be valid nevertheless and may be
issued by the City with the same effect as though the person who
had signed the Notes had not ceased to be such officer or
representative. The Notes shall, however, not be executed and
valid unless and until they shall have been authenticated by being
manually countersigned by the Issuing and Paying Agent.
Section 11. No Personal Recourse on the Notes. Neither
the members of the City Council nor the Public Utilities Board of
the City nor any person executing the Notes or making a
Determination shall be liable personally thereon or by reason of
the issuance thereof, and no recourse shall be had for the payment
of the principal of or interest on the Notes or for any claim based
thereon or on this Ordinance against the members of the City
Council or the Public Utilities Board of the City, or any officer
or employee of the City Council or the Public Utilities Department
of the City, or any person executing the Notes or making a
Determination.
Section 12. Authority of Officers. Each Authorized
Person is appointed and authorized to execute such documents,
instruments and papers, and to open such bank accounts, and to do
such other acts and things, as may be necessary or advisable in
connection with the sale and issuance from time to time of the
Notes and the deposit and investment of the proceeds thereof. The
City Council may by resolution designate different officers to be
eligible to be the Authorized Person.
Section 13. Establishment and Maintenance of Funds and
Accounts. (a) There are hereby established with the Treasurer of
the City the Water System Surplus Revenue Fund (the "Surplus
Revenue Fund") and the following accounts within the Surplus
Revenue Fund, which accounts shall be kept separate and apart from
all other funds and moneys held by it:
(i) the Qualified Obligations Account;
(ii) the WRAN Account; and
(iii) the Remaining Surplus Account.
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The City shall make deposits tc and payments from such
funds and accounts in accordance with Section 14 hereof.
(b) The Treasurer shall continue to maintain the Surplus
Revenue Fund so long as any of the Notes remain Outstanding.
Section 14. Flow of Surplus Revenues. (a) Surplus Moneys
shall be deposited in the Surplus Revenue Fund after payments to
the following funds and accounts have been made:
1) M&O Account;
2) Bonds Service Account; Sinking Account;
3) Reserve Fund;
4) R&R Account; and
5) E&I Account.
All capitalized terms used in this Section 14(a) and not
defined herein shall have the meanings given such terms in
Resolution No. 92R-59 adopted by the City on March 24, 1992, as
amended or supplemented from time to time, whether or not such
Resolution shall remain in effect.
(b) So long as any Notes are Outstanding, promptly after
any deposit is made to the Surplus Revenue Fund in any month, the
entire amount of Surplus Revenues in the Surplus Revenue Fund shall
be transferred in the indicated priorities to the following
accounts:
First, there shall be transferred to the Qualified
Obligations Account the amount of Qualified Obligation Service
with respect to such calendar month (to the extent not already
transferred to such Account in such month), or the entire
amount of Surplus Revenues then available for transfer to the
Qualified Obligations Account, whichever is less.
Second, there shall be transferred to the WRAN Account
the amount required by the Resolution to be transferred
thereto in such month (to the extent not already transferred
to such Account in such month), or the entire amount of
Surplus Revenues then available for transfer to the WRAN
Account, whichever is less.
Third, all remaining Surplus Revenues shall be
transferred to the Remaining Surplus Account. Moneys in the
Remaining Surplus Account at any time may be used for any
lawful purpose of the City, provided, that, moneys remaining
on deposit in the Remaining Surplus Account at any time shall
be transferred as needed, in the following order of priority:
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(i) to the Qualified Obligations Account, the
amount necessary (or all available moneys in the
Remaining Surplus Account if less than the amount
necessary) to make up any deficiency therein, and
(ii) to the WRAN Account, the amount necessary
(or all available moneys in the Remaining Surplus
Account if less than the amount necessary) to make
up any deficiency therein.
Section 15. Security for the Notes. The Notes shall be
secured by a pledge, charge and lien upon the Surplus Revenues in
the WRAN Account and shall be paid from Surplus Revenues in the
WRAN Account unless otherwise paid from other sources of legally
available funds. All Notes shall be equally secured by the Surplus
Revenues in the WRAN Account without priority for number, date of
Notes, date of sale, date of execution, or date of delivery. The
Surplus Revenues in the WRAN Account shall be held in trust by the
Treasurer of the City for the benefit of the Note holders and shall
be applied to the payment of the principal and interest on the
Notes which have become due and payable and the payment of all
other amounts required to be paid from the WRAN Account as provided
in the Resolution.
Section 16. Rates and Charges. The City shall and hereby
covenants that it shall prescribe, revise and collect such charges
for the services and facilities of the Enterprise which, together
with any reserves available therefor and which, after making
allowances for contingencies and error in the estimates, shall be
at least sufficient to pay the following amounts:
(a) The interest on and principal payments of the
Outstanding Notes as they become due and payable;
(b) All current expenses for the necessary and reasonable
maintenance and operation expenses of the Enterprise as said
expenses become due and payable; and
(c) All payments required to meet any other obligations
of the City which are charges, liens, encumbrances upon or
payable from the revenues of the Enterprise.
Section 17. The Issuing and Paying Agent Agreement. The
Issuing and Paying Agent will be directed and authorized by the
Resolution to pay the interest on and the principal of the Notes
when due, from funds or accounts established with the Issuing and
Paying Agent (the "Note Payment Accounts"). The City will deposit
funds in the Note Payment Accounts at such time and in such amounts
to provide sufficient funds to pay the principal and interest due
on Notes on the dates on which they respectively mature and come
due, which payment shall be in accordance with the terms of the
Notes and this Ordinance.
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The City Council shall not be precluded from removing the
Issuing and Paying Agent and appointing one or more successors
thereto, or appointing additional firms to act as an Issuing and
Paying Agent, all without notice to or the consent of any Note
holder.
Section 18. Dealer Agreement. Pursuant to the Dealer
Agreement, the Dealer may from time to time purchase Notes from the
City or arrange from the sale of Notes by the City for a fee or
other compensation as more particularly set forth in the Dealer
Agreement.
Section 19. Credit Agreement. If the Public Utilities
General Manager of the City so determines, the City may enter into
a Credit Agreement. Pursuant to any Credit Agreement, the City may
issue a Note or Notes, in a form other than that required by
Section 9 hereof, to the financial institutions(s) specified
therein so long as the aggregate principal amount of Notes
Outstanding at any one time does not exceed the amount permitted by
Section 2 hereof.
Section 20. Notes. Resolution and Ordinance to Constitute
Contract; Remedies. The provisions of the Notes, the Resolution
and this Ordinance shall constitute a contract between the City and
the Note holders, and such provisions shall be enforceable by
mandamus or any other appropriate suit, action or proceedings at
law or in equity in any court of competent jurisdiction.
Section 21. Disposition of Proceeds of Notes. Immediately
upon receiving the proceeds of any Note, the City shall place in
the Note Payment Accounts referred to in Section 17 hereof, in
addition to any accrued interest included in such proceeds, an
amount sufficient to pay the principal of and interest on all Notes
which have become due and payable and remain unpaid. The balance
of such proceeds shall be set aside and placed in the WRAN Account
and shall remain therein until from time to time expended for the
purpose for which the Notes were issued, including the
reimbursement of other funds of the City for expenditures therefrom
for purposes for which the Notes were issued, and shall not be used
for any other purpose whatsoever (except for temporary investment
thereof in any obligations in which the City may lawfully invest
its funds).
Section 22. Custody of Notes and Receipt and Deposits of
Proceeds. All Notes surrendered to the Issuing and Paying Agent
upon the maturity thereof shall be cancelled by the Issuing and
Paying Agent and forthwith transmitted to the City, and the City
shall thereafter have the custody of all thereof. In all the
matters provided for in this Section 22, the City shall act through
an Authorized Person.
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Section 23. Mutilated, Lost, Stolen or Destroyed Notes.
In the event any Note is mutilated, lost, stolen, or destroyed, the
City may execute and the Issuing and Paying Agent may authenticate
a new Note of like principal amount, interest rate, date, maturity
and denomination as that mutilated, lost, stolen or destroyed;
provided that, in the case of any mutilated Note such mutilated
Note shall first be surrendered to the Issuing and Paying Agent and
in the case of any lost, stolen or destroyed Note, there shall be
first furnished to the Issuing and Paying Agent evidence of such
loss, theft or destruction satisfactory to the Issuing and Paying
Agent. In the event any such Note shall have matured, instead of
issuing a duplicate Note the City may pay the same without
surrender thereof. The City may charge the holder or owner of such
Note with its reasonable fees and expenses in connection therewith.
Section 24. Fiscal and Other Agents. In furtherance of
the purposes of this Ordinance, the City Council may from time to
time appoint and provide for the payment of such additional fiscal,
paying or other agents or trustees as it may deem necessary or
appropriate in connection with the Notes, and, in addition to the
appointment of the Issuing and Paying Agent hereinabove named, may
appoint the City Treasurer as fiscal or other agent in connection
with the Notes.
Section 25. General Authorization. The Public Utilities
General Manager, each other official who may be an Authorized
Person, the Mayor, the City Clerk and the City Attorney are hereby
respectively authorized to do and perform from time to time any and
all acts and things consistent with this Ordinance necessary or
appropriate to carry the same into effect.
Section 26. Publication. The City Clerk shall cause this
Ordinance to the published once, within fifteen days after its
adoption, in The Anaheim Bulletin, the official newspaper of the
City.
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Section 27. Effective Date. Notes Issued After Adoption.
This Ordinance shall become effective on the first day that (i) all
Notes outstanding on the date of adoption of this Ordinance are no
longer outstanding and (ii) thirty days from the date of its
adoption have passed. Notes issued after adoption of this
Ordinance, but before its effective date, shall (i) until said
effective date, be subject to the Original Ordinance and (ii) on
and after said effective date, be subject to the Original Ordinance
as amended by this Ordinance.
ADOPTED, SIGNED AND APPROVED this 22nd day of June, 1993.
Mayor of thd City o n a h m
( SEAL)
ATTEST:
i
C'ty Clerk of the City of
Anaheim
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a
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 Ordinance No. 5376 was introduced at a
regular meeting of the City Council of the City of Anaheim, held on
the 15thday of June, 1993, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 22nd
day of June, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed
said Ordinance No. 5376 on the 22ndday of June, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Anaheim this 22nd day of June,' 1993./>
CITY CLERK OF TRE CITY OF ANAHEIM
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United States of America
State of California
County of Orange
CITY OF ANAHEIM
WATER REVENUE ANTICIPATION NOTE
4"
EXHIBIT A
, 199_
The CITY OF ANAHEIM promises to pay to the order of Bearer
on
at the principal office of (Issuing and Paying Agent],
of $ .
the sum of
Dollars
with interest thereon in the amount
Pursuant to Ordinance No. 4415, as amended and restated
by Ordinance No. _, of the City Council of the City of Anaheim
(the "City") (the "Ordinance"), and Resolution No. 93R- _ of the
City Council (the "Resolution") this Note is one of an issue of
Notes payable both as to principal and interest out of: Surplus
Revenues in the WRAN Account (as described in the Ordinance), the
proceeds of Notes issued pursuant to the Ordinance or subsequent
ordinances enacted pursuant to Section 1210 of the Charter of the
City (the "Charter"), and any other lawfully available source of
funds permitted by Section 1210 of the Charter and determined by
subsequent resolution of the City Council to be a source of funds
for payment of the Notes, and not out of any other fund or moneys
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of the City. The City may, at its sole discretion, pay principal
of or interest on the Notes from any other lawfully available
source of funds permitted by Section 1210 of the Charter. The
terms and conditions of this Note, including certain covenants
enforceable against the City, are provided for by the Ordinance and
the Resolution.
It is hereby certified and recited that any and all acts,
conditions and things required to exist, to happen and to be
performed, precedent to and in the incurring of this indebtedness
evidenced by this Note, and in the issuing of this Note, exist,
have happened and may have been performed in due time, form and
manner, as required by the Constitution of the State of California
(the "Constitution") and the Charter, and that this Note, together
with all other indebtedness of the City pertaining to its water
system, is within every debt and other limit prescribed by the
Constitution and the Charter.
Countersigned
[ISSUING AND PAYING AGENT],
as Issuing and Paying Agent
By:
LA01 \1080\5512.3
A-2
CITY OF ANAHEIM
By:
Mayor
By:
City Clerk
94601.8