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83R-211 -, CITY OF ANAHEIM RESOLUTION NO. 83R-2ll - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA-, AMENDING It.ESOLUTION NO. 83R-171 OF THE CITY COUNCIL BY AMENDING A CERTAIN CROSS REFERENCE SET FORTH THEREIN WHEREAS, the City 'Council of the City of Anaheim (the "City") at its meeting on April 27, 1983, adopted a Resolution, des- ignated as Resolution No. 83R-171 authorizing the issuance of $10,000,000 Electric Revenue Bonds, Issue A of 1983, $40,000,000 Electric Revenue Bonds, Issue B of 1983, and $80,400,000 Electric Revenue Bonds, Issue C of 1983, of the City~ and WHEREAS, it is in the best interest of the City to adopt the following resolution and amend Resolution No. 83R-171 by amending a certain cross reference appearing therein: NOW, THEREFOR~, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE, DtTERMINE AND ORDER AS FOLLOWS: SECTION 1. S~ction 17 of Resolution No. 83R-171 is hereby amended to read, in its entirety, as follows: - SECTION 17. Surplus Fund. All moneys remaining in the Revenue Account af~er all transfers required hereunder have been made, and all covepants contained herein have been duly per- formed, shall be transferred to the Surplus Fund. Subject to the transfer requirement set forth in Section 17 of the 1980 Bond R~solution, moneys in the Surplus Fund shall be applied to the payment of the principal of and interest on the City's Electric Revenue Anticipation Notes issued pursuant to Section 1210 of the City Charter and Ordinance No. 4417 of the City Council, to the extent required by the resolution(s) pursu- ant to which such Notes are issued, and thereafter, to the extent available, shall be transferred to the 1983 A and 1983 B Construction Accounts, proportionately with the respective orig- inal principal amounts of 1983 A Bonds and 1983 B Bonds, on a monthly basis (A) commencing with the month of July 1983, up to and including the month of December 1983, in an amount equal to 50% of the amount of investment earnings on all amounts in the Reserve Fund received during the preceding month, (B) commencing with the month of January 1984, up to and including the month of April 1984, in an amount equal to 100% of the amount of invest- ment earnings on all amounts in the Reserve Fund received during the preceding month, (C) commencing with the month of May 1984, up to and including the month of December 1984, in an amount equal to 50% of the amount of investment earnings on all amounts in the Reserve Fund received during the preceding month, (D) commencing with the month of July 1983, up to and including the month of April 1984, in an amount equal to 100% of the -. -. amount of investment earnings on all amounts in the Bond Service Account received during the preceding month, and (E) commencing with the month of May 1984 up to and including the month of December 1984, in an amount equal to 50% of the amount of investment earnings on all amounts in the Bond Service Account received during the preceding month. Moneys in the Surplus Fund not required to be transferred for any other purpose to any other account in the Electric Revenue Fund pursuant to this Section or any Parity Bond Resolution may be (1) used for the redemption of any Bonds or Parity Bonds which are subject to call arid redemption prior to maturity or for the purchase from to time in the open market of any outstanding Bonds or Parity Bonds whether or not subject to call and redemption (irrespective of the maturity or number of such Bonds or Par i'QY Bonds) at prices and in such manner, either at public or private sale, or otherwise, as the Treasurer in his or her discretion may determine, but such purchase price (including brokerage and other charges, but excluding accrued interest) shall not exceed the principal amount or the redemp- tion price of the callable Bonds or Parity Bonds on the next redemption date, whichever is less~ or (2) used for any lawful purpose of the city, including but not limited to the security and payment of other indebtedness incurred in connection with the Enterprise. Section 2. Th~s Resolution shall become effective on the date of its adoption. Except as amended hereby, Resolution No. 83R- 171 shall remain in full force and effect. ADOPTED, SIGNED AND APPROVED this twenty-fourth day of May, 1983. ~~~ , Mayor [SEAL] Attest: Linda D. Roberts, City ~~ ~,><< Assistant City Clerk Clerk --- - -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-2ll was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on ~, the 24th day of May, 1983, ~ the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 83R-2ll on the 24th day of May, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of May, 1983. LINDA D. ROBERTS, CITY CLERK BY~~~ ASSISTANT CITY CLERK (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-2ll duly passed and adopted by the Anaheim City Council on May 24, 1983. LINDA D. ROBERTS, CITY CLERK BY~"-c2~ ASSIStANT CITY CLERK ~