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98-225RESOLUTION NO. 98R- 225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND SUPPLEMENTING RESOLUTION NO. 89R-295, RELATING TO THE ISSUANCE OF THE ELECTRIC REVENUE ANTICIPATION NOTES OF THE CITY, AND APPROVING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Anaheim (the '~Council") adopted Ordinance No. 5032 of the City on June 21, 1989 to set forth certain procedures for the issuance of Electric Revenue Anticipation Notes of the City (the "Notes"); and WHEREAS, the Council adopted Resolution No. 89R-295 on July 18, 1989, pursuant to Ordinance No. 5032, to provide for the issuance of the Notes; and WHEREAS, Ordinance No. 5032 was subsequently amended by Ordinance No. 5375 adopted on June 15, 1993 and Resolution No. 89R- 295 was subsequently amended by Resolution No. 93R-102 adopted on June 15, 1993; and WHEREAS, the Council approved, by adoption of Resolution No. 93-112 on June 22, 1993, a Revolving Credit Agreement dated June 29, 1993 relating to the Notes (the "Credit Agreement"), among the City, Bank of America National Trust and Savings Association, as a Bank thereunder, and Morgan Guaranty Trust Company of New York~ as a Bank thereunder, and Bank of America National Trust and Savings Association, as Agent thereunder, which Credit A9reement has subsequently been extended and amended; and WHEREAS, to provide for the offering and sale of the Notes, the Council approved, by motion at its meeting held on March 28, 1995, the execution of a Dealer Services Agreement with Morgan Stanley & Co. Inc., as the dealer for the Notes (the "Dealer"); and WHEREAS, many short-term debt instruments such as the Notes are sold to tax-exempt money market funds regulated by the Securities and Exchange Commission (the "SEC"); and WHEREAS, Rule 2a-7 promulgated by the SEC under the Investment Company Act of 1940 ("Rule 2a-7") regulates the composition of money market fund portfolios; and WHEREAS, Rule 2a-7 has recently been amended so as to require, in order for the Notes to qualify for purchase by money market funds regulated by Rule 2a-7, that notice be given to holders of the Notes in the event of any substitution of an existing "guarantee" (such as a letter of credit or liquidity facility) relating to the Notes or in the event of any change in the identity of the issuer of such guarantee; and WHEREAS, the Credit Agreement constitutes a guarantee of the Notes for the purposes of Rule 2a-7 because, under the terms of the