5287d,
ORDINANCE NO. 5287
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA
AMENDING CERTAIN PROVISIONS OF
ORDINANCE NO. 4415 OF THE CITY
COUNCIL (AS HERETOFORE SUPPLEMENTED
AND AMENDED)
WHEREAS, the City Council of the City of Anaheim (the
"City") at its meeting on April 26, 1983, adopted an Ordinance
designated as Ordinance No. 4415 providing for procedures for the
issuance, sale and securing of water revenue anticipation notes
("Notes") of the City and providing terms and conditions of
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, said Ordinance No. 4415, as so supplemented
and amended, is herein referred to as the "Original Ordinance";
and
WHEREAS, the City, Bank of America National Trust &
Savings Association (the "Bank") and Morgan Guaranty Trust
Company of New York have heretofore entered into a Revolving
Credit Agreement dated June 1, 1983, as amended, related to
Notes; and
WHEREAS, the City Council has determined that, to
maintain the security for Notes issued by the City, it is
necessary and desirable that the City Council amend the Original
Ordinance; and
WHEREAS, the City has obtained or will obtain the
consent of the Bank to the amendment of the Original Ordinance
hereinafter set forth; and
WHEREAS, all Notes outstanding on or after the
effectiveness of Section 1 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;
i
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1. Subsection (q) of Section 1 of the Original
Ordinance is hereby amended to read, in its entirety, as follows:
(q) "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) M&O Account;
2) Bond Service Account, Bond Service
Fund and 1980 Sinking Fund;
3) Sinking Account;
4) Reserve Fund; Ir
5) R&R Account; and
6) E&I Account;
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 (q) 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.
SECTION 2. 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 3. This Ordinance shall become effective
thirty days from and after the date of its adoption (the
"Effective Date"). Notwithstanding the effectiveness of this
Ordinance on the Effective Date, the provisions of Section 1
hereof shall not be effective until either (a) the holder of each
Note outstanding on the Effective Date shall have consented in
writing to the adoption of this Ordinance; or (b) each Note
outstanding on the Effective Date shall no longer be outstanding.
Except as amended hereby, the Original Ordinance remains in full
force and effect.
ADOPTED, SIGNED AND APPROVED this 3rd day of March,
1992.
Attest: Leonora N. Sohl,
City Clerk
_ f �d�
City 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. 5287 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 25th day of February, 1992,
and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 3rd day of March, 1992, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5287 on the 4th day of March, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 4th day of March, 1992.
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 Ordinance No. 5287 and was published once in
the Anaheim Bulletin on the 13th day of March, 1992.
CITY CLERK OF THE CITY OF ANAHEIM