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5375F1 ORDINANCE NO. 5375 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 5032 OF THE CITY COUNCIL RELATED TO ELECTRIC REVENUE ANTICIPATION NOTES WHEREAS, pursuant to Ordinance No. 5032 adopted June 20, 1989 ("Ordinance No. 5032"), the City Council of the City of Anaheim has previously provided procedures for the issuance, sale and securing of electric revenue anticipation notes; and WHEREAS, the City Council desires to amend Ordinance No. 5032 to provide for the issuance and sale of electric revenue anticipation notes to finance and refinance the costs of acquisition and construction of additions to and improvements of its Electric System; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1. The second "WHEREAS" clause of Ordinance No. 5032 is hereby amended to read, in its entirety, as follows: WHEREAS, the City of Anaheim makes expenditures to maintain, repair and operate its Electric System, among which are the purchase of power and costs associated with the acquisition, processing, enrichment, storage and disposal of nuclear fuel, and to pay the costs of acquisition and construction of additions to and improvements of its Electric System; and Section 2. The fourth "WHEREAS" clause of Ordinance No. 5032 is hereby amended to read, in its entirety, as follows: WHEREAS, the City Council has determined that it is in the best interests of the City of Anaheim to issue and sell electric revenue anticipation notes pursuant to said Section 1210 of the Charter to finance and refinance expenditures made or to be made in the maintenance, repair and operation of its Electric System, including the purchase of 94601.8 LA01 \6070\6661.3 F1 power and costs associated with the acquisition, processing, enrichment, storage and disposal of nuclear fuel, and expenditures made or to be made to pay the costs of, acquisition and construction of additions to and improvements of its Electric System; and Section 3. Section 2 of Ordinance No. 5032 is hereby amended to read, in its entirety, as follows: 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 together with the principal amount of the 1983 Notes outstanding in accordance with their terms at any one time shall not exceed 25% of the gross revenue earned by the Electric System during the immediately preceding fiscal year as set forth in the audited financial statements of the Electric System for such year or the maximum aggregate amount of the revolving Electric System Credit available to the City as described in the Revolving Credit Agreement, whichever is less. The Notes shall be known as City of Anaheim Electric 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 its Electric System, including the purchase of power and costs associated with the acquisition, processing, enrichment, storage and disposal of nuclear fuel, and expenditures made or to be made to pay the costs of acquisition and construction of additions to and improvements of its Electric System. Section 4. Section 3(a) of Ordinance No. 5032 is hereby amended to read, in its entirety, as follows: (a) Municipal Affairs. The financing and refinancing of expenditures made or to be made in the maintenance, repair and operation of its Electric System, including the purchase of power and costs associated with the acquisition, processing, enrichment, storage and disposal of nuclear fuel, and expenditures LA01 \6070\6661.3 2 94601.8 I made or to be made to pay the costs of acquisition and construction of additions to and improvements of its Electric System, are incidental to the generation and transmission of electric energy by the City and as such constitute municipal affairs of the City which are not statewide concerns. Section S. 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 6. Publication. The City Clerk shall cause this Ordinance to be published once, within fifteen days after its adoption, in The Anaheim Bulletin, the official newspaper of the City. Section 7. Effective Date. 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 Ordinance No. 5032, and (ii) on and after said effective date, be subject to Ordinance No. 5032 as amended by this Ordinance. Except as amended in accordance herewith, Ordinance No. 5032 remains in full force and effect. ADOPTED, SIGNED AND APPROVED this 22nd day of June, 1993. Mayor of the City o Anah m ( SEAL) ATTEST: C�— City Clerk of the City of Anaheim LA01 \6070\6661.3 3 94601.8 I CLERK 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. 5375 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day 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. 5375 on the 23rd day of June, 1993. IN WITNESS WHEREOF, I have set my hand and affixed the seal of the City of Anaheim this 23rd of June, 1993. CITY CLERK OF THE CITY OF ANAHEIM ( SEAL) LA01 \6070\6661.3 4 94601.8