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80R-075 CITY OF ANAHEIM RESOLUTION NO. 80 R-75 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING THE ISSUANCE OF $ 7,350,000 WATER REVENUE BONDS. OF SAID CITY AND PROVIDING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF SAID BONDS WHEREAS, the City of Anaheim is a City organized and existing under a Charter duly and regularly adopted pursuant to the provisions of the Constitution of the State of California; and WHEREAS, pursuant to Section 1210 of said Charter, the City of Anaheim acting by and through its City Council, is authorized to issue, on behalf of said City, revenue bonds for water purposes; and WHEREAS, said Section 1210, Revenue Bonds, of said City Charter, states as follows: "Bonds which are payable only out of such reve- nues as may be specified in such bonds may be issued 1 --c,........... ,..,..-'<'"'".....~..~...".,;__. _..._~._..,... """_.~.___.,. "'"'~_.._.__~.._...,."."""'+...._"""""',-"'_"""""+__'''~__.''".''_. _~.' when the City Council by ordinance shall have estab- lished a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of a majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the qualified electors of the City. "It shall be competent for the City to make contracts and covenants for the benefit of the hold- ers of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable 'out of the same funds or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended 2 ~,,,.,,_-,,,..,''''''i'''f'''''''',,,,,,_,_,,,,_,,,,,,,~,",~ ......... for any other purpose whatever except for the purpose for which such special fund was established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished." WHEREAS, pursuant to said Section 1210 of said Charter, and Resolution No. 78 R-533 of the City Council of the City of Anaheim, a special municipal election was held in said City on November 7, 1978 for the purpose of submitting to the qualified voters of said City the fol- lowing proposition of issuing water revenue bonds in the amount of $l4,000,OOO, pursuant to the provisions of said Section l2l0: "Shall the City of Anaheim be authorized to finance .the ac.quisi tion and construction of additions to and improvements of the water system of said city by the issuance of revenue bonds, not payable from property taxes, in an amount not to exceed 14 million dollars?" 3 -.- ~;.. "~" -,...~~,-.'. "', -._~-,... ..- .....--_.... ............~".. .. ___"",,'''''''_W .. ,.,_,_.".,~C__=,...~..~c.,~,""_"=_"'_'="'-__"'_'",,",,,,.,, _"_~'~' WHEREAS, said proposition was approved by the votes of more than a majority of all the voters voting on said proposition at said special municipal election; whereas Ordinance No. 2933 of the City Council of the City of Anaheim incorporating certain sections of the Revenue Bond Act of 1941 (Chapter 6, Part 1, Division 2, Title 5 of the Government Code of the State of California) establishes a procedure for the issuance of such bonds as provided for in said Section 12l0~ and WHEREAS, said City is now authorized to issue said Bonds by this Resolution and pursuant to the proce- dures set forth in said Ordinance No. 2933, and as pro- vided in said Section 1210; and WHEREAS, this City Council has accepted a pro- posal for the purchase of an issue of said Bonds in the principal amount of $ 7,350,000, designated "Water Revenue Bond5, 1980 Series"; NOW, THEREFORE, the City Council of the City of Anaheim, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: 4 '-"'--""'''--''''~''''''''-'-''''.'''--'''''-'''-''''''''>'~~''''-''"~"'~'''....-"".......... Section 1. Definitions. As used in this Resolu- tion, the following terms shall have the following meanings: (a) "Authorized investments" means direct obliga- tions of or obligations guaranteed by the United States of America, or Certificates of Deposit of recognized banks or trust companies fully secured by direct obli- gat ions of or obligations guaranteed by the United States of America. (b) "Bonds" means the bonds authorized by this resolution. (c) "City" means the City of Anaheim, California. (d) "City Council" or "Council" means the City Council of said City. (e) "Consulting engineer" means a qualified , independent consulting engineer to be employed by City. (f) "Enterprise" means the entire waterworks system of the City of Anaheim, including all additions 5 ~''''''.''__'__C''oL.._,~..........~._,..".,..~",~."'o,_''''"~",,,_ to, and improvements and extensions of, said system later constructed or acquired. (g) "Finance Director" means the Finance Direc- tor of the City. (h) "Fiscal Agent" means Bank of America NT&SA, or any successor appointed pursuant to Section 11 hereof. (i) "Fiscal year" means the year period begin- ning on July 1 and ending on the next following June 30. (j) "Maximum annual debt service" means the maximum sum obtained for any fiscal year of com- putation, or any fiscal year thereafter by totaling the following for such fiscal year: (1) The principal amount of all outstand- ing serial bonds of this issue and any parity serial bonds payable in such fiscal year; (2) The minimum principal amount of all outstanding term bonds of this issue and any parity term bonds scheduled to be called and 6 ._"~-,_...~..."-""-,..".-----.--..,..~~.----...".,~"""",,..........~, redeemed in such fiscal year, together with the premium thereon, if any be payable; and (3) The interest which would be due dur- ing such fiscal year on the aggregate principal amount of bonds which would be outstanding in such fiscal year if the bonds are retired as scheduled, but deducting and excluding from such aggregate amount the amount of bonds already re- tired. (k) "Net revenues" of the enterprise means the amount of the gross revenues of the enterprise less the operating expenses of the enterprise. (1) "Operating expenses" of the enterprise means the reasonable and necessary current expenses of maintaining, repairing and operating the enter- prise, but excluding depreciation and amortization, debt service requirements of the City's general obligation water bonds, and pro rata apportionment of City's administrative expenses (except expenses directly attributable to water system functions). 7 _01--', ~.,,,,,,,_.___..., ~"",_,.,.~".__ ""'_k_....... ._,.,__. _'~ (m) "Parity bonds" means revenue bonds, revenue notes or other similar evidences of indebtedness hereto- fore or hereafter issued for the acquisition, construc- tion and financing of extensions of, additions to, repairs and replacements to, renewals of, and improve- ments of the enterprise, payable out of the revenue de- rived from the enterprise and which, as provided in this resolution, rank on a parity with the bonds of this issue. (n) "Parity bond resolution" means any resolu- tion of issuance for any parity bonds. (0) "Revenue Bond Law" means the Revenue Bond Law of 1941 as cited in the recitals hereof. (p) "Revenues" of the enterprise means rates, fees and charges for providing water service to per- sons and real property (including connection fees) and all other fees, rents and charges and other in- come derived by the City, from the ownership, opera- tion, use or services of the enterprise. (q) "Treasurer" means the City Treasurer of said City. 8 __'_'_"_"'4' ._r__'__"~';"_'''''''''''''"''''''__'''''=__'''''''~~ Section 2. Equality of Bonds, Pledge of Revenues. Pursuant to Section l210 of the City Charter, said Ordinance No. 2933 and this resolution, the bonds shall be equally se- cured by a pledge, charge and lien upon the net revenues of the enterprise without priority for number, date of bonds, date of sale, date of execution, or date of delivery, and the payment of the interest on and principal of said bonds and any premiums upon the redemption of any thereof shall be and are secured by an exclusive pledge, charge and lien upon the net revenues of the enterprise, and all of the net revenues of the enterprise are hereby pledged, charged and assigned for the security of said bonds, and such net revenues and any interest earned on the net revenues shall constitute a trust fund for the security and payment of the interest on and principal of said outstanding bonds and so long as any of the bonds or interest thereon are unpaid said net revenues and interest thereon shall not be used for any other purpose, except as permitted by this resolution and any parity bond resolution, and shall be held in trust for the benefit of the bondholders and shall be applied pursuant to this resolution, or to this resolution as modified pursuant to provisions herein, and any parity bond resolution. 9 ~=--,.'_,'-~'"~-'"<'" .=~.",,"""'..' .._.....,.-=--'..._---,-,--,--""',~ Nothing in this resolution shall preclude: (a) the redemption prior to maturity of any bonds sub- ject to call and redemption and payment of said bonds from proceeds of refunding bonds issued under said Sec- tion 1210 as the same now exists or as hereafter amended, or under any other law of the State of California~ (b) the issuance, subject to the limitations contained herein, of additional indebtedness evidenced by revenue bonds, revenue notes or any other evidences of indebtedness pay- able out of the revenues of the enterprise and ranking on a parity with said bonds. Any bond for the payment and discharge of which upon or prior to maturity, or upon redemption prior to matu- rity, provision has been made through the setting apart in the Water System Revenue Bond and Interest Fund or the Re- demption Fund or in a special trust fund or account created pursuant to this resolution to insure the payment or redemp- tion thereof (as the case may be), of money sufficient for the purpose, or through the irrevocable segregation for that purpose in some fund or trust account of moneys suf- ficient therefor, shall be deemed to be no longer outstand- ing and unpaid within the meaning of any provision of this resolution. 10 ~___""...__..__.".<..~,~_.,_.~..~. "'-"_'~<'.'" ._.............__ ._..."....,_....""'-'. __...._.~.";""_..","""_"'_=""'"'..,,__"~,.._;Mo;_D._ Additionally, the bonds shall be deemed to be no longer outstanding and unpaid within the meaning of any provision of this resolution, if the City shall have given to the Fiscal Agent: (a) irrevocable instructions to publish a notice of redemption (if any bonds are to be redeemed); and (b) authorized investments maturing and bearing interest at times and in amounts sufficient to pay when due the principal and interest or redemption price (if any) to become due on all the bonds. Section 3. Amount, Issuance, Purpose and Nature of Bonds. Under and pursuant to Section 1210, revenue bonds of the City in the amount of $ 7,350,000 shall be issued for the purposes stated in the recitals hereof. Said revenue bonds shall be and are special obligations of the City and shall be and are secured by a pledge of and lien upon, and shall be and are a charge upon, and shall be and are payable as to the principal thereof and interest thereon and any premiums upon the redemption of any thereof solely from, the net revenues of the enter- prise, such net revenues being hereby pledged, charged and assigned for the security of the bonds. 11 _"',""..--___~..__..~..._..__.~-~.~._"""~..-~.~~'".._.._~_~._-_~~.~~..........__,.""'~~__t--.~r~_~ Section 4. No General City Liability. The gen- eral fund of the City is not liable for the payment of the bonds or their interest, nor is the credit or taxing power of the City pledged for the payment of the bonds or their interest. The holder of the bonds or coupons shall not compel the exercise of the taxing power by the City or the forfeiture of any of its property. The principal of and interest on the bonds and premiums upon the redemp- tion of any thereof are not a debt of the City nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property, or upon any of its income, receipts, or revenues, except the net revenues of the enterprise which are, under the terms of this resolution and the Revenue Bond Law, pledged to the payment of said bonds and interest. Section 5. Description of the Bonds. The bonds shall be in the principal sum of $ 7,350,000. The bonds shall" all be in the denomination of $5,000, and shall be 1470 in number, numbered 1 to 1470, inclusive. The bonds shall be designated WATER REVENUE BONDS, 1980 SERIES, shall be dated January 1, 1980, and shall be payable in con- secutive numerical order on July 1 in each year of maturity 12 ----#,."."...,,-~._,."'....._, <. ..,..."-"",.._."..._"""",-"_.-._~~""............".,......~.",,' -""""""':'"""~-'''''''''~'"--.'' in the amounts and shall bear interest at the rates per annum, for each of the several years as follows: Principal Interest Principal In terest Year Amount Rate Year Amount Rate 1981 $ 100,000 8.00% 1991 $ 215,000 8.00% 1982 110,000 8.00% 1992 235,000 8.00% 1983 115,000 8.00% 1993 255,000 8.00% 1984 125,000 8.00% 1994 275,000 8.00% 1985 135,000 8.00% 1995 295,000 8.00% 1986 150,000 8.00% 1996 320,000 7.60% 1987 160,000 8.00% 1997 345,000 7.70% 1988 175,000 8.00% 1998 370,000 7-3/4% 1989 185,000 8.00% 1999 400,000 7-3/4% 1990 200,000 8.00% 2005 3,185,000 8.00% The bonds maturing in the years 1981 to 1999, inclusive, are sometimes referred to herein as "serial bonds" and the bonds maturing in the year 2005 are some- times referred to herein as "term bonds." Section 6. Interest. Said bonds shall bear interest at the rates set forth in Section 5 hereof, pay- able semiannually on the first days of January and July of each year. Each bond shall bear interest until the principal sum thereof has been paid, provided, however, that if at the maturity date of any bond, or if the same is redeemable and has been duly called for redemption, 13 funds are available for the payment or redemption thereof in full accordance with the terms of this resolution, said bonds shall then cease to bear interest. Said bonds and the interest thereon shall be payable in lawful money of the United States of America at the office of the Treasurer of the City of Anaheim, California, or, at the option of the holder, at the corporate agency division of Bank of ~erica NT&SA, in Los Angeles, or at any paying agent of the City in San Francisco, California, Chicago, Illinois, or New York, New York. Section 7. Execution of Bonds. The Mayor of the City and the Treasurer are hereby authorized and di- rected to sign all of the bonds by their printed, litho- graphed or engraved facsimile signatures, and the City Clerk of the City is hereby authorized and directed to countersign the bonds and to affix thereto the corporate seal of the City, and the Treasurer is hereby authorized and directed to sign the interest coupons of the bonds by his printed, lithographed or engraved facsimile signature. Section 8. Registration. The Bonds may be registered only as to both principal and interest, and any registered bond may be discharged from registration 14 ,,,-~=,,,,,",",;'--"'';'''''_'''"'''''''''~'''''~''''''_~'-'-~'"~"''''''~'''''''--''''""'"'^''-- in the manner and with the effect set forth in the provi- sions for registration contained in the form or bond set forth herein. Section 9. Temporary Bonds. The bonds may be initially issued in temporary form exchangeable for definitive bonds when ready for delivery. The temporary bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the City, shall be in registered form without coupons and may con- tain such reference to any of the provisions of this reso- lution as may be appropriate. The temporary bonds may be in the form of a single registered bond payable in in- stallments, each on the date, in the amount and at the rate of interest established for bonds maturing on such date. Every temporary bond shall be executed by the City upon the same conditions and in substantially the same manner as the definitive bonds. If the City issues tem- porary bonds it will execute and furnish definitive bonds without delay, and thereupon the temporary bonds may be surrendered, for cancellation, in exchange therefor at the corporate agency division of the Fiscal Agent in Los Angeles, California, and the Fiscal Agent shall authenti- cate and deliver in exchange for such temporary bonds an 15 _"""_',.0' ..._..~"...,_.,,"_,,____= .__._._,",..,..__.."..,..'",,,._._ '.""._~.,.,,_ __~.. .">.o.,...._.....,_~._.......'_~",....'"""-h,,._._~,,-'__.~.,._,~..'" equal aggregate principal amount of definitive bonds of the same maturity or maturities. Until so exchanged, the temporary bonds shall be entitled to the same benefits under this resolution as definitive bonds executed and delivered hereunder. Section 10. Redemption of Bonds. The bonds matur- ing on or prior to July 1, 1986, are not subject to call or redemption prior to maturity. The bonds maturing on or after July 1, 1987, may be called before maturity and redeemed, at the option of the City, on July 1, 1986, or on any interest payment date thereafter prior to maturity, at a redemption price for each redeemable bond expressed in the following schedule as a percentage of par value, plus accrued interest to the date of redemption, as follows: Redemption Period Redemption (Dates Inclusive) Price July 1, 1986 to June 30, 1989 . . . . . . . . . . . . . . 103% July 1, 1989 to June 30, 1992 . . . . . . . . . . . . . . 102% July 1, 1992 to June 30, 1995 . . . . . . . . . . . . . . 101% July 1, 1995 and thereafter . . . . . . . . . . . . . . . . 100% 16 _~_.._.....__.___~__--.,...._o__.,."'___..,~_~~ Allor any of the bonds subject to call may be called for redemption at anyone time. If less than all of the bonds are redeemed at anyone time, such bonds shall be redeemed in inverse order of maturity and by lot within each maturity. The interest payment date on which bonds which are called are to be presented for redemption is herein sometimes called the "redemption date." (a) Notice of Redemption. Notice of the intended re- demption shall be published by one insertion in a newspaper of general circulation in the County of Los Angeles, Cali- fornia, and in a financial newspaper or journal of national circulation published in or near the City of New York, New York, said publications to be at least 30 days but not more than 60 days prior to the redemption date. The notice of redemption shall (a) state the redemption date; (b) state the redemption price; (c) state the numbers and date of maturity of the bonds to be redeemed, provided, that when- ever any call includes all of the outstanding bonds sub- ject to call, the numbers of the bonds need not be stated; (d) require that such bonds be surrendered with all inter- est coupons maturing subsequent to the redemption date (except that no coupons need be surrendered on registered 17 ^...-....-_,__......_...~,__._...._..""'__'-..-..,.,~.c..,........._."'.;o.'""~_,fV.. bonds) at the office of the Treasurer of the City of Ana- heim, California, or, at the option of the holder, at the corporate agency division of Bank of America NT&SA in Los Angeles, or at any paying agent of the City in San Francisco, California, Chicago, Illinois, or New York, New York; and (e) give notice that further interest on such bonds will not accrue after the designated redemption date. The Fiscal Agent shall, on or before the date of publication of said notice of redemption, mail a similar notice postage prepaid to any person, firm or corporation that originally purchased any of said bonds from the City. If any of the bonds designated for redemption shall be registered, the Fiscal Agent shall, on or before the date of publication of said notice of redemption, mail a similar notice postage prepaid to the respective registered owners thereof at the addresses appearing on the bond registry book. The actual receipt by the holder of any bond of notice of such redemption shall not be a condition precedent to redemption, and failure to receive such no- tice shall not affect the validity of the proceedings for 18 the redemption of such bonds or the cessation of interest on the redemption date. The notice or notices required by this section shall be given by the Fiscal Agent. A certificate by the Fiscal Agent that notice of call and redemption has been given to original purchasers and to holders of registered bonds as herein provided shall be conclusive as against all parties, and no bondholder whose bond or registered bond is called for redemption may ob- ject thereto or object to the cessation of interest on the redemption date fixed by any claim or showing that he failed to receive such notice of call and redemption. (b) Redemption Fund. Prior to the redemption date, there shall be established by the Fiscal Agent a redemp- tion fund to be described or known as Water Revenue Bonds, 1980 Series, Redemption Fund (herein sometimes referred to as "Redemption Fund"), and prior to the redemption date there shall be set aside in said Redemption Fund moneys available for the purpose and sufficient to redeem, at the premiums payable as in this resolution provided, the bonds designated in such notice of redemption. Said moneys must be set aside in said fund solely for that pur- pose and shall be applied on or after the redemption date 19 ~.i-'-.;",...;;,_,...._..""","_.~...,........"....._....;__~","^~~_.;"""'-;o......;.~.,_.....~...~......""'-'-'-""".........._."".I'..~..._._~.__.._,__ to payment (principal and premium) of the bonds to be redeemed upon presentation and surrender of such bonds and, except as to registered bonds, all interest coupons maturing after the redemption date, and shall be used only for that purpose. Any interest coupon due on or prior to the redemption date shall be paid from the Water System Revenue Bond and Interest Fund upon presentation and surrender thereof. Any interest due on or prior to the redemption date upon bonds registered as to both prin- cipal and interest shall be paid from said Water System Revenue Bond and Interest Fund. Each bond presented, if unregistered, must have attached thereto or presented therewith all interest coupons maturing after the redemp- tion date. If, after all of the bonds have been redeemed and canceled or paid and canceled, there are moneys remain- ing in said Redemption Fund, said moneys shall be trans- ferred to the Revenue Fund; provided, that if said moneys are part of the proceeds of refunding bonds said moneys shall" be transferred to the fund or account created for the payment of principal of and interest on such refund- ing bonds. (c) Effect of the Notice of Redemption. When notice of redemption has been given, and when the amount necessary 20 '_""_"'''"--''''',>.~"~"..,.". _..~".....-"'"""...._.. '--'~''''''''-"--''''-''--''~-~;'-'''-' for the redemption of the bonds called for redemption (prin- cipal and premium) is set aside for that purpose in the Re- demption Fund, the bonds designated for redemption shall become due and payable on the redemption date, and upon presentation and surrender of said bonds and, except as to registered bonds, all interest coupons maturing after the redemption date, at the place specified in the notice of redemption such bonds shall be redeemed and paid at said redemption price out of the Redemption Fund, and no interest will accrue on such bonds called for redemp- tion or on any interest coupon thereof after the redemption date specified in such notice, and the holders of said bonds so called for redemption after such redemption date shall look for the payment of such bonds and the premium thereon only to said Redemption Fund. All bonds redeemed and all interest coupons thereof shall be canceled forth- with by the Fiscal Agent and shall not be reissued. All interest coupons pertaining to any redeemed bonds, which coupons have matured on or prior to the re- demption date, shall continue to be payable to the respec- tive holders thereof but without interest thereon. All unpaid interest payable at or prior to the redemption date 21 _""'''''M,.",..,,,,,,,_.~".,,,,_,,,,.,,_,*,r,_~....~,,~_-.....-_",....,._."_,~~.,.."__..,~",,_-,,,_.,_.\C upon registered bonds shall continue to be payable to the respective registered owners of such bonds, or their order, but without interest thereon. Section 11. Fiscal Agent. The City hereby appoints the Bank of America NT&SA in Los Angeles, Cali- fornia, as the Fiscal Agent for the purpose of paying the principal of and interest on any of the bonds presented for payment at its corporate agency division in Los Angeles, California, and for the purpose of performing all other duties assigned to or imposed upon the Fiscal Agent as in this resolution provided. The Fiscal Agent initially appointed and any successor thereof may be removed by the City and a successor or successors appointed; provided that each such successor shall be a bank or trust company J doing business in and having an office in the City of Los Angeles, State of California. Any such Fiscal Agent desig- nated by the City shall continue to be the Fiscal Agent of the City for all of said purposes until the designation of a successor as such Fiscal Agent, and the City agrees that it will maintain a Fiscal Agent in said City of Los Angeles so long as any of said bonds or any parity bonds are out- standing and unpaid. The Fiscal Agent is hereby authorized 22 ~._-= - ._..._~.~.,~~....._~.... and directed to withdraw from the funds and in the manner provided herein all sums required for the payment of the principal of and interest on the bonds presented for payment at the places herein provided at maturity, or on call and redemption or on purchase by the Fiscal Agent prior to maturity. The Fiscal Agent is hereby authorized to redeem the bonds and the interest coupons appertaining thereto when duly presented to it for payment at maturity, or on call and redemption or on purchase by the Fiscal Agent prior to maturity, and to cancel all bonds and cou- pons upon payment thereof and to return the same so canceled to the Treasurer. The Fiscal Agent shall keep accurate rec- ords of all funds administered by it and of all bonds and coupons paid and discharged by it. The recitals of fact and all promises, cove- nants and agreements herein and in the bonds of said authorized issue contained shall be taken as statements, promises, covenants and agreements of the City, and the Fiscal Agent assumes no responsibility for the correct- ness of the same, and makes no representations as to the validity or sufficiency of this resolution or of the bonds or coupons, and shall incur no responsibility in respect 23 '_"_--'--"---,-"'-"-"-,,,-"~~. ~""""''''''''''...."..''''''''~''''' -"....-_......".~_.~_. .---_.~..__.~~"_.;.-..- ,,-.,;....~.~.~-d~..~_'"~.'__,._,,__,._.._.'""E..""_""...""'_,...._~.__ thereof, other than in connection with the duties or obli- gations herein or in the bond assigned to or imposed upon the Fiscal Agent. The Fiscal Agent shall be under no re- sponsibility or duty with respect to the issuance of the bonds for value. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or default. Any Fiscal Agent appointed hereunder may resign at any time. Upon the merger, consolidation or other re- organization of any Fiscal Agent, the City shall appoint a new Fiscal Agent, which may be the corporation resulting from such reorganization. Section 12. Funds and Accounts. Under and pur- suant to said Section 1210 and said Ordinance No. 2933 the following funds and accounts have heretofore been created and shall be continued: (1) Water Revenue Series 1971 Bonds, Water Enterprise Fund (hereby redesignated as the "Water Enterprise Fund II ) held by the City Treasurer, in which were created the following accounts: 24 "-",""",.-,..",.-...--_.,"",_..,..~ '"""-"-'~-"-~---'. -""'~'>"'''''''''''''''''''''-''.'''''''''''''''''''''''''''''''''-''''-'."".--,-"""""",-_.- -..... ~''='''';'~'"''.'''_. ~,,,'",-,-"'''-',- (a) Water Revenue Series 1971 Bonds, Water System Revenue Account (hereby redesignated as the Water System Revenue Account and sometimes referred to herein as "Revenue Account"); (b) Water Revenue Series 1971 Bonds, Water System Maintenance and Operation Account (hereby redesignated as the Water System Maintenance and Operation Account and sometimes referred to herein as "M & 0 Account"); (c) Water Revenue Series 1971 Bonds, Water System Renewal and Replacement Account (hereby redesignated as the Water System Renewal and Re- placement Account and sometimes referred to herein as "R & R Account"); (d) Water Revenue Series 1971 Bonds, Water System Extension and Improvement Account (hereby redesignated as the Water System Extension and Improvement Account and sometimes referred to herein as the "E & I Account"); 25 ""~"'''- ----.............,._...--=- (2) Water Revenue Series 1971 Bonds, Water Sys- tem Revenue Bond and Interest Fund (hereby redesignated as the Water System Revenue Bond and Interest Fund and sometimes referred to herein as "Bond Service Fund") held by the Fiscal Agent. (3) Water Revenue Series 1971 Bonds, Water System Revenue Bond Reserve Fund (hereby redesig- nated as the Water System Revenue Bond Reserve Fund and sometimes referred to herein as "Reserve Fund") held by the Fiscal Agent. An additional account is hereby created in the Water Enterprise Fund designated as the Water Revenue Bonds, Election 1978, Construction Account (herein some- times referred to as "Construction Account"). An additional fund is hereby created, desig- nated" the Water System Revenue Bond Sinking Fund (herein sometimes referred to as "Sinking Fund") held by the Fis- cal Agent. 26 .. \ '.. ,_,~"".".""",,"__=,...,.,_.. -:.. """.'_"'''_r~".''''''__='=.,_ ,___."'.'"._."...,....,~,. .....="",...__"""'.""'''''"'''''''''~.,"--...,..........".'''.~ Section 13. Disposition of Bond Proceeds. The proceeds of the sale of the bonds shall be received by the Treasurer and deposited as follows: (1) The accrued interest, if any, shall be paid to the Fiscal Agent, for deposit in the Bond Service Fund. (2) An amount shall be paid to the Fiscal Agent, for deposit in the Reserve Fund, sufficient to raise the balance in said fund to a sum equal to maximum annual debt service. (3) The balance shall be placed in the Construc- tion Account. The City may deposit money received from any source in the Construction Account. The moneys set aside and placed in the Construction Account shall remain therein until from time to time expended for the purposes for which the bonds were issued. Moneys in the Construction Account may be invested in any authorized investments, provided that the maturity or 27 ",._,.....",....~"..........,.,- maturities thereof shall not be later than the date or dates on which moneys must be available to meet scheduled Construction Account expenditures. If any sum remains in said Construction Account after the full accomplish- ment of the purposes for which the bonds were issued, it shall be transferred to and placed in the Reserve Fund in such amounts as shall be necessary to bring the balance in the Reserve Fund to an amount equal to maximum annual debt service, and any sum remaining thereafter in the Construction Account shall be transferred to and placed into the R & R Account in such amounts as shall be necessary to bring the balance in the R & R Account to an amount equal to the maximum balance required by Section 17 hereof, and any sum remaining thereafter in the Construction Account shall be transferred to the Revenue Account. Section 14. Revenue Account. The Treasurer shall deposit the gross revenues of the enterprise as received in the Revenue Account. The Finance Director shall transfer moneys from the Revenue Account to the funds and in the amounts and priority as follows. Section 15. M & 0 Account. First, to the M & 0 Account, amounts sufficient for the payment of the operating 28 ......,. . .-....-.,"'"'"......,~""'"'_,.._.~ '_._"'_'C"""",__""",__,,,~,,,,,,,,,,,,,,,,,,,,,," expenses of the water system as said expenses become due and payable, and in addition such amounts as are neces- sary to maintain the M & 0 Account at a level equal to one month's budgeted operating expenses, said budget to be maintained by the Finance Director and approved by City Council. ,-' Section 16. Bond Service Fund; Sinking Fund. Second, on or before the twentieth (20th) day of each calendar month so long as any of the bonds are outstand- ing, the Finance Director shall set aside out of the Revenue Account into the Bond Service Fund held by the Fiscal Agent, the fOllowing amounts: (1) One-sixth (1/6th) of the interest which will become due and payable on the outstanding bonds within the next ensuing six (6) months, except that for the first six (6) months after the date of the bonds the monthly sum transferred shall be the interest which will become due and payable at the end of the first six (6) months less the amount of any ac- crued interest placed in the Bond Service Fund divided by the number of months remaining in said period: and (2) one-twelfth (1/12th) of the principal amount which will mature and be payable on the outstanding serial bonds within the next ensuing twelve (12) months, except 29 """-'""""-""'--"--=""""~'--''''''''~ that for the first twelve (l2) months after the date of the bonds the monthly sum transferred shall be the prin- cipal amount which will be due and payable at the end of the first twelve (12) months divided by the number of months remaining in said period. In the event that the transfer or transfers for each calendar month as afore- said are less than the amounts required for that month because of lack of funds or for any other reason the defi- ciency shall be added to and become a part of the transfer or transfers required for the following calendar month. In any event, such sums shall be transferred so that the full amount required to pay, as it becomes due, the interest on said bonds and any maturity or in- sta+lment of principal,on said bonds shall be set aside in the Bond Service Fund at least five (5) days prior to the date the installment of interest and/or principal be- comes due. Any moneys required to be set aside, transferred to and placed in the Bond Service Fund may be prepaid in whole or in part by being earlier set aside, transferred to and placed in the Bond Service Fund, and in that event 30 __,~_.~.,"'._,",__.,.."_",._._...,, ...,'_,.__..,,_,,_,___..._.._....,~""c,._,..~ ,,""""'~~.......'"""'.="."",.~."'_,!,..,_~_"'","..._ the monthly transfer which has been so prepaid need not be made at the time appointed therefor. In any event at least five (5) days prior to the due date of any install- ment of interest and/or principal on such bonds all sums required for the paYment thereof must be in the Bond Ser- vice Fund. Moneys in the Bond Service Fund may be temporar- ily invested in any authorized investments provided that the maturity or maturities thereof shall not be later than the date or dates on which money must be available in the Bond Service Fund. The bonds and the interest coupons shall recite that they are payable from the Revenue Account, but notwith- standing such recital shall be paid from the Bond Service Fund which is derived from the Revenue Account, or from a Redemption Fund established in accordance with Section 10(b) of this resolution. Commencing on or before June 20, 2000 and on or before each June 20 thereafter so long as any of the term bonds are outstanding, the Finance Director shall set aside out of the Revenue Account and pay to the Fiscal Agent 31 for deposit in the Sinking Fund sums sufficient to call and redeem said term bonds in the following respective minimum principal amounts on July 1 in each of the fol- lowing years: , Year Amount Year Amount 2000 $ 435,000 2003 $ 545,000 200l 470,000 2004 590,000 2002 505,000 2005 640,000 Any such call and redemption shall be made in accordance with Section 10 hereof, and for that purpose moneys in the Sinking Fund may be transferred to the Redemp- tion Fund for the payment of principal upon redemption of any term bonds called for redemption prior to maturity. Moneys in the Sinking Fund may also be used, prior to the date when any term bonds are selected by lot, in lieu of (or partially in lieu of) mandatory call and redemption, for the purchase of any such term bonds at a purchase price (including brokerage and other fees) not exceeding the principal amount thereof plus accrued interest. 32 ""_"..,....._.,-'...,~.,,"'......_.....,.__._" "",;_"'"'...",..."_~_,.c_.."~.........--~;.;__.,....".~___.~_. Moneys in the Sinking Fund may be invested in any authorized investments, provided that the maturity or maturities thereof shall not be later than the date or dates on which money must be available in the Sinking Fund to meet the payment schedule set forth above. If after all of the bonds and any parity bonds have been redeemed and canceled or paid and canceled (or provision is made therefor) there are moneys remaining in the Bond Service Fund, Sinking Fund or Reserve Fund, said moneys shall be transferred to the Revenue Account. Section 17. Reserve Fund. Third, on or before the twentieth (20th) day of each calendar month so long as any of the bonds are outstanding, the Finance Director shall set aside out of the Revenue Account into the Reserve Fund held by the Fiscal Agent an amount adequate to main- tain a balance in said Reserve Fund equal to maximum annual debt 'service. Moneys in the Reserve Fund shall be used solely for the purpose of paying the principal of and interest on the bonds or any parity bonds in the event that the moneys in the Bond Service Fund are insufficient therefor 33 --""~"''''*-''''''--,-','''--"",...,--~."-"_._","".._,..,......",,,-,,,"",......-,---~~""" and for that purpose the Fiscal Agent shall withdraw and transfer moneys from the Reserve Fund to the Bond Service Fund. Whenever moneys are withdrawn from the Reserve Fund an equal amount of moneys shall be placed in the Reserve Fund by transfers from the first available moneys in the Revenue Account. Moneys in the Reserve Fund may be invested in any authorized investments provided that the maturity or maturities thereof shall not be later than five (5) years from the date of investment, and provided further that moneys in the Reserve Fund in excess of maximum an- nual debt service shall be withdrawn from the Reserve Fund and transferred to the Revenue Account by the Fiscal Agent. Moneys in the Reserve Fund may be used to pay the principal of and/or interest on the last outstanding maturity of the bonds or any parity bonds. Section 18. R & R Account. Fourth, on or before the twentieth (20th) day of each calendar month as long as the bonds are outstanding, the Finance Director shall set aside out of the Revenue Account into the R & R 34 ._:......_=.~_c.;..__~__~"..._~."~_~ ..=_,-,,,.,..._'_..,,--....~"-""'~_ _."'--..._..."_..,...~......,,_... -.'."'-";m_..._'''_.+_.~~_....,......_ot Account an amoun~ equal to 2% of the revenues received in the preceding calendar month, or such greater amount as shall be recommended by the consulting engineer until a balance is established, or reestablished therein equal to l% of the depreciated book value of the land, general plant and equipment which constitute a portion of the enterprise, or such other balance as the consulting engi- neer may recommend. The moneys contained in said Account shall be used for transfer to the Bond Service Fund to prevent default in payment of principal and interest on the bonds or any parity bonds, or for extraordinary main- tenance and repairs, renewals and replacements to the system, but not for additions to or extensions of the system. If at any time the balance in the R & R Account exceeds the balance herein identified, said excess may be transferred to the Revenue Account. Section 19. E & I Account. Fifth, on or before the twentieth (20th) day of each calendar month so long as the bonds are outstanding, the Finance Director shall set aside out of the Revenue Account into the E & I Account such amounts as shall be deemed desirable by the City Councilor appropriate city staff by appointment of the City Council. The moneys contained in said Account shall 35 >,.'""".....;-'+",;..~.;.~..--.,~;,._......._~_.~ be used for transfer to the Bond Service Fund to prevent default in payment of principal and interest on the bonds or any parity bonds, or for extension and improvement of the system. All moneys remaining in the Revenue Account after all transfers required hereunder have been made, and all covenants contained herein have been duly per- formed may be: (1) invested in any authorized invest- ments; (2) transferred to the Redemption Fund to be used for the redemption of any of said bonds which are subject to call and redemption prior to maturity or for the purchase from time to time in the open market of any outstanding bonds whether or not subject to call and redemption (irre- spective of the maturity or number of such bonds) at prices and in such manner, either at public or private sale, or otherwise, as the City in its discretion may determine, but such purchase price (including brokerage and other charg~s, but excluding accrued interest) shall not exceed 103% of the principal amount or the redemption price of the callable bonds on the next redemption date, whichever is less; or (3) used for any lawful purpose of the City. 36 _._-~' Section 20. Investments. Except as hereinbe- fore provided, obligations purchased as investments of moneys in any of the funds in which investments are autho- rized shall be deemed at all times to be a part of such funds and any income realized from such investments shall be credited to such funds and any losses resulting from such investments shall be charged to such funds. The Fis- _cal Agent or Treasurer, as the case may be~ shall sell at the best price obtainable or present for redemption any obligations so purchased whenever it may be necessary to do so in order to provide moneys to meet any payment or transfer from such funds. For the purpose of deter- mining at any given time the balance in any such funds any such investments constituting a part of such funds shall be valued at the then estimated or appraised market value of such investments. Moneys in all funds and accounts described in Section l2 hereof shall be invested only in authorized investments, subject to the provisions of Cove~ant 12 of Section 22 hereof. Section 2l. Warranty. The City shall preserve and protect the secur i ty of. the bonds and the rights of the bondholders and warrant and defend their rights against all claims and demands of all persons. 37 ""~-""''''''^'''''''''-'"--=-''''>';'->' _._....~.<..-~..;----.....-..,.",~._.. Section 22. Covenants. So long as any of the bonds issued hereunder are outstanding and unpaid, the City makes the following covenants with the bondholders under the provisions of Section 1210 of the City Charter (to be performed by the City or its proper officers, agents or employees) which covenants are necessary, con- venient and desirable to secure the bonds and tend to make them more marketable; provided, however, that said covenants do not require the City to expend any funds other than the revenues received or receivable from the enterprise. Covenant l. Punctual Payment. The City cove- nants that it will duly and punctually payor cause to be paid the principal of and interest on every bond issued hereunder, together with the premium thereon, if any be payable, on the date, at the place and in the manner men- tioned in the bonds and coupons and in accordance with this "resolution, and that the payments into the Bond Ser- vice Fund, the Sinking Fund and the Reserve Fund will be made, all in strict conformity with the terms of said bonds and of this resolution, and that it will faithfully observe and perform all of the conditions, covenants and requirements of this resolution and all resolutions supple- 38 ~=---~~~~-"" -._-_.=~,_...~- ,,,"~--~----~,~',,,,,,,,,,,,,,,,,*,,,,,,",_,,,,,_,,,,''',",,,.''-,"-~ mental thereto and of the bonds issued hereunder, and that time of such payment and performance is of the essence of the City's contract with the bondholders. Covenant 2. Discharge Claims. The City cove- nants that in order to fully preserve and protect the priority and security of the bonds the City shall pay from the Revenue Account and discharge all lawful claims for labor, materials and supplies furnished for or in con- nection with the enterprise which, if unpaid, may become a lien or charge upon the property or revenues of the enterprise prior or superior to the lien of the bonds and impair the security of the bonds. The City shall also pay from the Revenue Account all taxes and assess- ments or other governmental charges lawfully levied or assessed upon or in respect of the enterprise or upon any part thereof or upon any of the revenues therefrom. Covenant 3. Commence Acquisition and Construc- tion. The City covenants that as soon as funds are avail- able therefor, the City will commence the accomplishment of the purposes for which the bonds are issued and will continue the same to completion with all practicable dis- patch and in an economical manner. 39 ."',.,'....H-0.....__...._,.,,,O.-,......;"" Covenant 4. Operate_Enterprise in Efficient and Economical Manner. The City covenants and agrees to operate the enterprise in an efficient and economical manner and to operate, maintain and preserve the enter- prise in good repair and working order. Covenant 5. Against Sale, Eminent Domain, Exist- ing and Future Agreements, Competition. Except as provided herein, the City covenants that the enterprise shall not be mortgaged or otherwise encumbered, sold, leased, pledged, any charge placed thereon, or disposed of as a whole or sub- stantially as a whole unless such sale or other disposition be so arranged as to provide for sums adequate to provide for the immediate payment of the principal of and interest on and premiums, if any, due upon the call and redemption thereof, of the bonds, payment of which is required to be made out of the net revenues of the enterprise. The City further covenants that the net revenues from the enterprise or any other funds pledged or otherwise made available to secure payment of the principal of and interest on the bonds shall not be mortgaged, encumbered, sold, leased, pledged, any charge placed thereon, or disposed of or used except as authorized by the terms of this resolution. The City further covenants that it will not enter into any 40 '~''''''''''-'---~'''''''''-'''''=-~''~~' agreement which impairs the operation of the enterprise or any part of it necessary to secure adequate net revenues to pay the principal and interest of the bonds or which otherwise would impair the rights of the bondholders with respect to the revenues of the operation of the enterprise. If any substantial part of the enterprise is sold, the paYment therefor shall either be used for the acquisition and/or construction of improvements and extensions of the enterprise or shall be placed in the appropriate funds and shall be used to payor call and redeem said bonds and any parity bonds in the manner provided in the resolu- tion and any parity bond resolution. The City covenants that any amounts received as awards as a result of the taking of all or any part of the enterprise by the lawful exercise of eminent domain, if and to the extent that such right can be exercised against such property of the City, shall either be used for the acquisition and/or construction of improvements and extension of the enterprise or shall be placed in the appropriate funds and shall be used to payor call and redeem said bonds and any parity bonds in the manner provided in this resolution or any parity bond resolution. 41 _'""''''''''-'~'_'__''';'''____A'_.'''''''_"""""",__,_,~_",,,.,,,~~"""''''''''''"''''~","___''_'~ The City will not sell, lease or otherwise en- cumber any part of the Water System except properties or facilities no longer useful or necessary to its effi- cient and economical operation, and it will not construct, acquire, operate, permit or (to the extent permi~ted by law) consent to any competing facilities (except that it may permit or consent to private parties installing their own agricultural or industrial water facilities) within the City limits. .Notwithstanding any other provisions contained herein, the City may: (1) sell or dispose of customer connections (and related distribution lines) located out- side the City limits; (2) take all action necessary to fulfill its commitments under its existing agreements with Yorba Linda County Water District, and any subsequent implemental agreements; and (3) enter into, and take all actions necessary to fulfill its commitments under, con- tractual agreements concerning water service to all or part of any areas which are annexed to the City of Anaheim after the sale and delivery of the Bonds, with parties organized to provide water service to all or part of any such area. Any proceeds from the sale or disposition of any part of the Water System or the granting of any 42 --,~"-,-_.,.,~,.-..,,,,,,-,,,,,,,,,=,,--,;-,-,-",,,,,,--",,,.,,._.....,-..,,,,^~",'._"","",....,,-~,."~ service rights or privileges pursuant to the preceding sentence shall be used to defray the cost of renewals, replacements, additions and extensions to the Water Sys- tem or shall be held for the redemption prior to maturity or open market purchase of Bonds or Additional Bonds then outstanding, but such purchase price (including brokerage and other charges, but excluding accrued interest) shall not exceed 104% of the principal amount or the redemption price of the callable bonds on the last redemption date, whichever is less. Covenant 6. Insurance. The City covenants that it shall at all times maintain with responsible in- surers all such insurance on the enterprise as is custom- arily maintained by similar utilities systems with respect to works and properties of like character against accident to, loss of or damage to such works or properties and loss of revenues insurance. If any useful part of the enterprise shall be damaged or destroyed, such part shall be restored to use. The money collected from insurance against accident to or destruction of the physical enter- prise shall be used for repairing or rebuilding the damaged or destroyed enterprise, and to the extent not so applied, shall be applied to the retirement of said outstanding 43 ._ ""'___,.',~.'d .' _.;<.," and unredeemed bonds and any parity bonds issued for the enterprise and for such purpose paid into the appropriate funds. The money collected from loss of revenues insurance shall be deposited in the Revenue Account. The City shall also maintain with responsible insurers worker's compensation insurance and insurance against public liability and property damage to the ex- tent reasonably necessary to protect the City and the bondholders. Covenant 7. Records and Accounts. The City covenants that it shall keep proper books of record and accounts of the enterprise, separate from all other rec- ords and accounts, in which complete and correct entries shall be made of all transactions relating to the enter- prise. Said books shall at all times be subject to the inspection of the holders of not less than 10% of the outstanding bonds or their representatives authorized in writing. The City covenants that it will cause the books and accounts of the enterprise to be audited annually by an independent certified public accountant or firm of 44 '.'r"'"~/"L~""'C_C_'''''''''''~_'''''",,_^'__'''''_''''_''_''''_'"_._._;._:"="~,"_"",,,_;,,,;", certified public accountants and shall furnish a copy of the audit report to the Fiscal Agent, and upon request, to any bondholder. The City covenants that it will cause the enter- prise to be inspected annually by a Consulting Engineer and shall furnish a copy of the Consulting Engineer's re- port and recommendations to the Fiscal Agent, and upon request to any bondholder. Covenant 8. Collection of Charges. The City will permit no free connections with, or use and services of, the Water System except for the following: (l) public fire hydrants; (2) public fire flows; (3) watering of public street dividers; and (4) to the extent, if any, provided in the City's existing agreements with Yorba Linda County Water District. The City will pay promptly into the Wate~ System Revenue Fund from the City's General Fund (or other adequate designated funds) for all City connections with, and use and services of, the Water System except the foregoing. The City will not grant or establish within any class of service preferential or discriminatory rates, fees or charges for connections with, or use and services of, the Water System except as provided in the City's existing agreements with 45 ,_,..,=<",_,-""_,..,.~",'O""__",=_","",_,_"_,,,,_~,..._.._,,,,.""_'""'_"""_,~_".~_~_.._ Yorba Linda County Water District and subsequent implemental agreements. For the purposes of setting such rates, fees and charges, connections located outside the city limits of the City of Anaheim may be considered as separate classes of service. The City covenants that it shall at all times during the period any of the bonds are outstanding maintain and enforce valid regulations for the payment of bills for water service and that such regulations shall at all times during such period provide that the City shall discontinue water service to any user whose water bill has not been paid within the time fixed by said regulations. Covenant 9. 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, after making allowances for contin- gencies and error in the estimates, shall be at least suf- ficient to pay the following amounts in the order set forth: (a) All current expenses for the necessary and reasonable maintenance and operation costs of the enterprise as said expenses become due and pay- able, and to maintain the M & 0 Account at the level required by this resolution~ 46 '_...-........,..._..,--......_~---..,_..._~_._"'~~---..".. (b) The interest on and principal (including Sinking Fund payments) of the outstanding bonds as they become due and payable~ (c) All payments required for compliance with this resolution including payments required to be made into the Reserve Fund and the R & R Account; (d) 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; and the charges shall be so fixed that the net revenues shall be at least equal to the sum of 1.5 times the amounts payable under (b). Covenant 10. No Priority for Additional Bonds. The City covenants that no additional bonds shall be issued pursuant to said Section 1210 or any law of the State of California having any priority in payment of principal or interest out of the revenues of the enterprise over the bonds hereby authorized to be issued and payable out of said revenues. 47 Covenant 11. Limits on Additional Debt. Parity bonds may be issued to finance or refinance any repairs, improvements, enlargements or extensions of the enterprise and to refund any bonds or parity bonds then outstanding, provided that the City covenants that, except for bonds issued to refund bonds or parity bonds, no additional indebtedness evidenced by revenue bonds, revenue notes or any other evidences of indebtedness payable out of the revenue of the enterprise and ranking on a parity with the bonds shall be created or incurred unless: First: The City is not in default under the terms of this resolution. Second: The net revenues of the enterprise, calculated on sound accounting principles, as shown by the books of the City for each of the last two completed fiscal years prior to the adoption of the resolution of award of bids for such additional in- debtedness as shown by an audit certificate or opin- ion of an independent certified public accountant or firm of certified public accountants employed by the City, plus, at the option of the City, the allowance for earnings hereinafter set forth in this 48 ~____~""_"'"""_"'~""'__''''''''_____U'~_'''~'~,.".............."._..-.".._~"""'_"'_~"","".'.,..~~"__~_,_,",_",,,.,.;,,~~ covenant, shall have amounted to at least 1.5 times the maximum annual debt service in any fiscal year thereafter on all indebtedness to be outstanding im- mediately subsequent to the incurring of such addi- tional indebtedness. For the purposes of this covenant, the net reve- nues of the enterprise shall not include any sum transferred from the Construction Fund under the provisions of this reso- lution. The following may be added to such net revenues for the purpose of applying the restriction contained in this covenant: An allowance for earnings arising from any in- crease in the charges made for service from the en- terprise which has become effective prior to the incurring of such additional indebtedness but which, during all or any part of said last two completed fiscal years, was not in effect, in an amount equal to 75% of the amount by which the net revenues would have been increased if such increase in charges had been in effect during the whole of said last two com- pleted fiscal years, as shown by the certificate or opinion of independent certified public accountant 49 -'''''''"'"''''~''-'''''-'-'''''''''---"'''''''~-''''''"'''''''''-''"->>'''~'.~..'-'''''''~'"""'-'~-".- or firm of certified public accountants employed by the City. Junior lien bonds (payable in whole or in part from the net revenues of the enterprise) may be issued to finance or refinance any repairs, enlargements, exten- sions or improvements of the enterprise, but no revenues of the enterprise may be used for the payment of such junior lien bonds (interest, principal, redemption premium or sinking fund installments) or the establishment or main- tenance of any funds or accounts created in conjunction with their issuance, unless and until: (1) the City has complied fully with all provisions of the resolution and has made all payments required to that time by the resolu- tion; (2) the Reserve Fund contains an amount equal to no less than the maximum combined annual principal and interest requirements of all bonds and parity bonds then outstanding. Covenant 12. Arbitrage. The City covenants that under no circumstances shall any initial investment, subsequent investment or reinvestment of the proceeds of the bonds be made in such a manner as to result in the loss of exemption from federal income taxation of so .~...;_.<,,_..-."""< -~...<,-,..,"......"~,...",_._.,,,,,---..,,,"_.._.,.~- "" .,. -, .. -- .., ~.- ........--.-- interest on the bonds. Except as permitted during "tem-. porary periods" (as such term is defined in the Income Tax Regulations referred to herein) by said Income Tax Regulations, the proceeds of the bonds shall not be in- vested directly or indirectly in taxable obligations so as to produce a yield which is materially higher than the yield on the bonds which results in the bonds constitut- ing'IIarbitrage bonds" within the meaning of Section 103(c), Internal Revenue Code of 1954, as amended, and the Income Tax Regulations issued thereunder~ but such sums may be otherwise invested if and when such Code and any regula- tions thereunder permit the investment to be made in the manner made wihtout causing the bonds to become "arbitrage bonds." Section 23. Lost, Stolen, Destroyed or Mutilated Bonds. In the event that any bond or any interest coupon pertaining thereto is lost, stolen, destroyed or mutilated, the City will cause to be issued a new bond or coupon sim- ilar to the original to replace the same in such manner and upon such reasonable terms and conditions, including the payment of costs and the posting of a surety bond if the City deems such surety bond necessary, as may from time to time be determined and prescribed by resolution. The City 51 _........,._.,_........~...^~--~~...~ ._,.-<"..-."-._".......,""I"._....,...-=,.,.,.,~-,y._,,,..._"'...... may authorize such new bond or coupon or coupons to be signed and authenticated in such manner as it determines in said resolution. Section 24. Cancellation of Bonds. All bonds and coupons surrendered to the Treasurer, the Fiscal Agent or any paying agent of the City for payment upon maturity or for redemption shall upon payment therefor be canceled immediately. Any bonds purchased by the City as authorized herein together with all unpaid coupons pertaining thereto shall be canceled forthwith and shall not be reissued. Section 25. Consent of Bondholders. The con- sents of bondholders provided for in this section shall relate solely to the amendment, waiver or modification of the covenants specified in Section 22 hereof and shall not be effective to waive or modify any other provisions of this resolution or any other proceedings for the issu- ance ~f the bonds. Any act relating to the amendment, waiver or modification of any of the said covenants con- sented to by bondholders holding 66-2/3% in aggregate principal amount of the outstanding bonds, exclusive of bonds, if any, owned by the City, shall be binding upon the holders of all of the bonds and interest coupons, 52 ---"'''''~'''''--"'''''_.".,..' "'-"""""'-=~"-"'-'~-"'~-~"""~'- ' .. whether such coupons be attached to bonds or detached therefrom, and shall not be deemed an infringement of any of the provisions of this resolution, whatever the charac- ter of such act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this resolution, and after such consent relating to such specified matters has been given, no bondholder or holder of any interest coupon, whether attached to a bond or detached therefrom, shall have any right or interest to object to such action or in any manner to question the propriety thereof or to enjoin or restrain the City or any officer thereof from taking any action pursuant thereto. Bondholders may consent by affirmative vote at a bondholders' meeting or may consent in writing with- out a meeting, all as hereinafter provided. No such amendment, waiver or modification shall be made which will permit (a) a change in the maturity or term of redemption of the principal of any bond or any installment of interest thereon; (b) a reduction in the principal amount of or redemption price or redemption premium or rate of interest upon any bond without the 53 ._"'",,"-',".""""'_-""_C'~"_-'^""'_"'_'~"'_"""~''"':'c_'''''_''''''''L_''",...,_"",_.~,"~_'~ consent of the holder of such bond; or (c) a reduction of the percentage of the principal amount of bonds the I vote or consent of which is required to effect any such amendment. (a) Calling Bondholders' Meeting. If the City shall desire to obtain any such consent, it may call a meeting of bondholders, by resolution, for the purpose of considering the action, the consent to which is desired. (b) Notice of Meeting. Notice specifying the purpose, place, date and hour of such meeting shall be published once in a financial newspaper or journal of national circulation published in the City of New York, New York, not less than sixty (60) days and not more than ninety (90) days prior to the date fixed for the meeting. Such notice shall set forth the nature of the proposed action, consent to which is desired. If any of -the bonds shall be so registered as to be payable otherwise than to bearer, the City Clerk of the City shall, on or before the publication of such notice, mail a similar notice, postage pre- paid, to the respective registered owners thereof at their addresses appearing on the bond registry 54 "-"~,,,,,,,_,,-,,-,,,,,,,,,---,,,_,_'''''--~'--'''''''._._",,,-~.,_<,_"'_"'c'"'_~"_.'''''''_~"''''''''''''''';''____"""",,,,,_''''''''''''''''-'''''_'''''M books. The place, date and hour of holding such meet- ing and the date or dates of publishing and mailing such notice shall be determined by the City, in its discretion. The actual receipt by any bondholder of notice of any such meeting shall not be a condition prece- dent to the holding of such meeting, and failure to receive such notice shall not affect the validity of the proceedings thereat. A certificate by said City Clerk, approved by resolution of the City Coun- cil that the meeting has been called and that notice thereof has been given as herein provided shall be conclusive as against all parties and it shall not be open to any bondholder to show that he failed to receive notice of such meeting. (c) Voting Qualifications. Any bondholder may, prior to any such meeting, deliver his bond or bonds to any agency designated by the City for the purpose, and shall thereupon be entitled to re- ceive an appropriate receipt for the bond or bonds so deposited, calling for the redelivery of such bond or bonds at any time after the meeting. The 55 '-.....-..... ... ..~,...~.__...~. ~"'-' "-"-=-"""'~""_' "_",,,,--,,,,,__-,.,.._,,-,. .,<~~~"_.,._~.._...,.",,.....,,_~.,-,__..,.,_"t.",.~~,..#=~ "_'_"'_""_- Treasurer shall prepare and deliver to the chairman of the meeting a list of the names and addresses of the registered owners of bonds, with a statement of the maturities and serial numbers of the bonds held and deposited by each of such bondholders, and no bondholder shall be entitled to vote at such meeting unless his name appears upon such list or unless he shall present his bond or bonds at the meeting or a certificate of deposit thereof, satisfactory to the City, executed by a bank or trust company. No bond- holders shall be permitted to vote with respect to a larger aggregate principal amount of bonds than is set against his name on such list, unless he shall produce the bonds upon which he desires to vote, or a certificate of deposit thereof as above provided. (d) Issuer-owned Bonds. The City covenants that it will present at the meeting a certificate, signed and verified by one member of the City Coun- cil and by the Treasurer stating the maturities and serial numbers of all bonds owned by, or held for account of, the City, directly or indirectly. No person shall be permitted at the meeting to vote or consent with respect to any bond appearing upon 56 """,--~~,.~_=-c"=..,__--......-_.~~<__ such certificate, or any bond which it shall be es- tablished at or prior to the meeting is owned by the City, directly or indirectly, and no such bond (in this resolution referred to as "issuer-owned bonds") shall be counted in determining whether a quorum is present at the meeting. (e) Quorum and Procedure. A representation of at least 66-2/3% in aggregate principal amount of the bonds then outstanding (exclusive of issuer- owned bonds) shall be necessary to constitute a quorum at any meeting of bondholders, but less than a quorum may adjourn the meeting form time to time, and the meeting may be held as so adjourned without further notice, whether such adjournment shall have been had by a quorum or by less than a quorum. The City shall, by an instrument in writing, appoint a temporary chairman of the meeting, and the meeting shall be organized by the election of a permanent chairman and a secretary. At any meeting each bond- holder shall be entitled to one vote for every $5,000 principal amount of bonds with respect to which he shall be entitled to vote as aforesaid, and such vote may be given in person or by proxy duly appointed by 57 ~~~"'="""""'--""""'-"";~''''~'-'-"-=-''''''''''''''''-~'''''--~_____"_'_"_"_""O'~_~__ an instrument in writing presented at the meeting. The City, by its duly authorized representative, may attend any meeting of the bondholders, but shall not be required to do so. (f) Vote Required. At any such meeting held as aforesaid, there shall be submitted for the considera- tion and action of the bondholders a statement of proposed action, consent to which is desired, and if such action shall be consented to and approved by bondholders holding at least 66-2/3% in aggregate amount of the bonds then outstanding (exclusive of issuer-owned bonds) the chair- man and secretary of the meeting shall so certify in writ- ing to the City, and such certificate shall constitute complete evidence of consent of bondholders under the pro- visions of this resolution. A certificate signed and veri- fied by the chairman and the secretary of any such meeting shall be conclusive evidence and the only competent evidence of matters stated in such certificate relating to proceed- ings taken at such meeting. (g) Written Consent of Bondholders. If the City shall desire to obtain any such consent in writ- ing, without a meeting of bondholders, the City Coun- 58 -~'"''''''''''''''--~'''"- """_.>-.~' """'-"_""_'''''_~''~=.~W''~'''-'''''''_______''_''''' _~~,,_"""""'""'__.,... cil may, by resolution, propose the action, to which consent is desired. A copy of such resolution, to- gether with a request to bondholders for their con- sent to the action proposed therein, shall be published once in a financial newspaper or journal of national circulation published in the City of New York, New York. If any of the bonds shall be so registered as to be payable otherwise than to bearer, the City Clerk of the' City shall, on or before the publica- tion of such resolution and request, mail a copy thereof to each registered owner at the address ap- pearing on the bond registry books. The actual receipt by any bondholder of such resolution and request shall not affect the validity of the proceedings for the obtaining of such consent. A certificate by said City Clerk, approved by resolu- tion of the City Council, that said resolution and request has been published and mailed as herein pro- vided shall be conclusive as against all parties, and it shall not be open to any bondholder to show that he failed to receive such resolution and con- sent. 59 -_.~~.-'-"""""'~"~'-'-""'" ....,._..,.., .-._--,.,.=~ -, -""'"",,"''<'^'--' "-,,,,"""-'" Each written consent shall be accompanied by proof of ownership of the bonds for which such con- sent is given. Proof of ownership shall be made in such manner as shall be prescribed by the resolution proposing the action. Any such written consent shall be binding upon the holder of the bonds giving such consent and on any subsequent holder (whether or not such subsequent holder has notice thereof) unless such consent is revoked in writing by the holder giv- ing such consent or by the subsequent holder. To be effective, any revocation of consent must be filed before the adoption of the resolution accepting con- sents as hereinafter provided. After the holders of at least 66-2/3% in aggre- gate principal amount of the bonds then outstanding (exclusive of issuer-owned bonds) shall have consented in writing, the City Council shall adopt a resolution accepting such consents and such resolution shall con- stitute complete evidence of the consent of bondhold- ers under this resolution. 60 -<--~....-- ..- 1',_"",-,"_~,,,,,~~,,,,--,, (h) Publication of Consent. Notice specifying the amendment, waiver or modification that has received the consent of bondholders as required by this section shall be published once in a financial newspaper or journal of national circulation published in the City of New York, New York, not less than sixty (60) days following the final action in the proceedings for the obtaining of such consent. Such notice is only for the information of bondholders, and failure to publish such notice or any defect therein shall not affect the validity of the proceedings thereto- fore taken in the obtaining of such consent. Section 26. Bond and Coupon Forms. Said bonds shall be payable to bearer, shall be issued in negotiable form, and shall be negotiable, and the form of said bonds and interest coupons thereof shall be substantially as fol- lows: 61 ~"""--"","'-,"".~_:,~~.- UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM WATER REVENUE BOND, 1980 SERIES No. .............. $5,000 THE CITY OF ANAHEIM, a municipal corporation 10- cated in the County of Orange, State of California, FOR VALUE RECEIVED, hereby promises to pay, solely from the Water System Revenue Account, as hereinafter provided, to the bearer, on July 1, ...., upon presentation and surrender of this bond, the sum of FIVE THOUSAND DOLLARS, with interest thereon at the rate of ...% per annum, pay- able semiannually on the first days of January and July of each and every year from the date hereof until this bond is paid, upon presentation and surrender of the re- spective interest coupons hereto attached; provided, how- ever, that if at the maturity date of this bond or, if the same is redeemable and shall be duly called for re- demption, then at the date fixed for redemption, funds are available for the payment or redemption thereof, as provided in the resolution hereinafter mentioned, this bond shall then cease to bear interest. Both principal and interest are payable in lawful money of the United 62 .~-"cc_.._.__;_;.~ - '-'~""""'''-''.^"",,.;....., -.._""."....._~" _.".._--"...""....,...."-~;,.,"'.........,..."'+.,~_."-"""'"",,..,;,..-~...,._._,~--=---~ States of America, at the office of the Treasurer of the City of Anaheim in Anaheim, California, or, at the option of the holder, at the corporate agency division of Bank of America NT&SA in Los Angeles, California, or at any paying agent of the City in San Francisco, California, Chicago, Illinois, or New York, New York. This is one of a dUly authorized issue of bonds of the City designated "Water Revenue Bonds, 1980 Series," hereinafter called "the bonds," all of which have been issued pursuant to Section 1210 of the City Charter of the City of Anaheim and Ordinance No. 2933 of said City, for the purpose of the acquisition, construction and fi- nancing of water facilities for said City and the crea- tion of said issue and the terms and conditions of the bonds are provided for by the resolution of the City Coun- cil of said City authorizing the bonds adopted February 26, 1980, designated Resolution No. 80R-75, and this reference incorporates said resolution and said ordinance, and by acceptance hereof the holder of this bond and the coupons hereto attached assents to said terms and conditions. Said resolution is adopted under, and this bond and the interest coupons hereto attached are issued under and 63 "~--_..,_.,"-,'_._- ... are to be construed in accordance with said Charter, said ordinance and the laws of the State of California. This bond and the interest hereon and any premium upon the redemption hereof are not a debt of the City of Anaheim, nor a legal or equitable pledge, charge, lien or encumbrance upon any of its property or upon any of its income, receipts, or revenues except the net revenues of the enterprise (as defined in said resolution) pledged to its payment, and the principal of and the interest on this bond and any premium upon the redemption hereof are payable solely from the net revenues of the enterprise pledged to its payment and said City is not obligated to pay such principal, interest and premium except from said net revenues. The Water System Revenue Account is established under and pursuant to said Section 1210 of the City Charter and said Ordinance No. 2933, and under the provisions of said resolution authorizing the issu- ance of this bond the revenues received from the enter- prise are required to be deposited to the credit of said Water System Revenue Account and used only for the pur- poses authorized by said resolution, including the pay- ment of principal and interest of the series of bonds of which this is one. 64 _",."..,_-.;"",._ "~''''';'_W'''____~''''''''''_ ._'-"...............'"___..,""""'''''''~ By the terms of said Section 1210 of the City Charter and said Ordinance No. 2933 and by covenant ex- pressed in said resolution, the City is obligated to pre- scribe, revise and collect charges for the services and facilities of the water system of the City such as to provide revenues sufficient to pay the interest on and principal of the bonds as they become due and payable in addition to all other payments required for compliance with said resolution and the necessary and reasonable main- tenance and operation costs of the water system, is prohib- ited from issuing bonds having any priority with respect to payment from the revenues of the enterprise, and is sub- ject to conditions with respect to any sale of said water system. In the manner provided in said resolution, any or all of the obligations referred to in this paragraph and certain other obligations mentioned in said resolution may be waived with the consent of the holders of 66-2/3% in aggregate principal amount of the outstanding bonds, exclusive of issuer-owned bonds. This bond is callable and redeemable prior to maturity in accordance with the provisions for redemption endorsed hereon. 65 ~~"",,,,,,,,,,,,,,,,,,,,,,,-,,,,,,,",,-,;;;,-,,,----._,.._,,,,,,._,.,._..,.,,,,,~~~ ...~ This bond and the coupons hereto attached are negotiable instruments and shall be negotiable by deliv- ery. This bond may be registered only as to both princi- pal and interest, in accordance with the provisions for registration endorsed hereon. 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 the indebtedness evidenced by this bond and in issuance of this bond exist, have happened, and have been performed in due time, form and manner as required by the Constitution and laws of the State of California and the City Charter of the City of Anaheim and that this bond, together with all other indebtedness of the City pertaining to the aforesaid water system, is within every debt and other limit prescribed by the Constitution and laws of the State of California and said Charter. 66 -"~,~--,,. ~"""",-"_,,,_;;_",,;__,,,,,,_=O~'",". .."'."....._~.__...,_..-,._--.-..;"."',';o...*.,.~ """"__"-"'-"'"'_""_'.,"'_"'.>L-=-',"",,~'~ ""'--"~"'-'""--' IN WITNESS WHEREOF, said City of Anaheim has caused this bond to be signed by the Mayor and the City Treasurer of said City by their facsimile signatures, countersigned by the City Clerk of said City, and sealed with the corporate seal of said City, and the interest coupons hereto attached to be signed by the City Treasurer by his facsimile signature, and has caused this bond to be dated January 1, 1980. COUNTERSIGNED: Mayor of the City of Anaheim, California City Clerk of the City of Anaheim, California City Treasurer of the City of Anaheim, California (SEAL) 67 .'-'-"',,*,_0"'-""'-""""'--"_"_"""'-____"_-'='>___''''''''-''''''''0__ (COUPON FORM) On the first day of THE CITY OF ANAHEIM, CALIFORNIA, will pay to the bearer, at the office of the Treasurer of the City of Anaheim in Anaheim, California, or, at the option of the holder, at the corpo- rate agency division of Bank of America NT&SA, Fiscal Agent for the City, in Los Angeles, California, or at any paying agent of the City of San Francisco, California, Chicago, Illinois, or New York, New York, out of the Water System Revenue Account of said City and not out of any other fund or moneys of the City, the sum of in lawful money of the United States of America, being the interest then due on WATER REVENUE BOND, 1980 SERIES, NO. dated January 1, 1980, subject to the provisions on the reverse hereof. . . . . . .. 19.. . . . . . . . . . . . . $ ............ . . . . . . . . . . . . City Treasurer of the City of Anaheim, California On the reverse side of the coupon, there shall be printed substantially the following: (REVERSE OF COUPON) If the bond to which this coupon is attached is redeemable and is duly called for redemption on a date prior to the maturity date of this coupon, this coupon will be void. 68 -._'.,""..'''.-'''._''--_.._..,-._---.~,--~.......--....._.,---'''' PROVISIONS FOR REDEMPTION Unless this bond matures on or .prior to JUly 1, 1986, it is redeemable in the manner and subject to the terms and provisions, and with the effect, set forth in the resolution referred to on the face of this bond, at the option of the City, on July 1, 1986, or on any inter- est payment date thereafter prior to maturity, upon at least 30 days' prior notice published in a newspaper cir- culated in the County of Los Angeles, California, and in a financial newspaper or journal of national circula- tion published in the City of New York, New York, and, if this bond is registered, upon the mailing of a similar notice to the registered owner hereof, at a redemption price for each redeemable bond expressed in the follow- ing schedule as a percentage of par value, plus accrued interest to the date of redemption, as follows: R€demption Period Redemption (Dates Inclusive) Price July 1, 1986 to June 30, 1989 . . . . . . . . . . . . . . 103% JUly 1, 1989 to June 30, 1992 . . . . . . . . . . . . . . 102% July 1, 1992 to June 30, 1995 . . . . . . . . . . . . . . 101% July 1, 1995 and thereafter . . . . . . . . . . . . . . . . 100% 69 ~"-""".'-"'~<---.#I""--"'''''-'-''''''-'---'----"'''"'~-''--'''' ~_ P~OVISIONS FOR REGISTRATION This bond may be registered in the name of any person as the registered owner hereof only as to both principal and interest, and may be transferred or dis- charged from registration. Each registration, transfer after registration, or discharge from registration of this bond shall be en- tered by the Fiscal Agent in books kept by it for the purpose and noted by it in the registration blank below. Upon registration, all unmatured coupons pertaining here- to shall be surrendered to and preserved by the Fiscal Agent. So long as this bond is registered, no transfer hereof shall be valid for any purpose unless made by the registered owner and entered and noted as herein provided, and th~ principal hereof and any redemption premium shall be payable only to the registered owner, or to his order. Interest on this bond shall be payable to the person whose name appears on the registry books as the registered owner hereof at the close of business on the tenth day preceding the interest paYment date, or to his order. If this bond 70 " __ "'.- _'_"_"'_>,"0~.',.._, '''''__~o''....' """"-""",,,.., "'._...~. ..,~.,--.~.".,;.,.......'''''_..~.=.-","-.h.~''''_.".~...'.='''"'~.'i _...,'""',....""". ...,_.. "'. .... , is registered and it is discharged from registration, there shall be attached hereto coupons representing inter- est hereon to become due thereafter to the date of matu- rity hereof. If requested by the registered owner, in lieu thereof, and upon surrender and cancellation thereof, the Fiscal Agent may issue in exchange therefor a new bond, with such coupons attached, identical with this bond except for the previous notations on the registra- tion blank hereon, and except that the signatures on the new bond shall be those of the persons holding the offices at the time of affixing such signatures. The issuance of any such new bond or new coupons shall be at the expense of the registered owner. Each discharge hereof from registration shall be effected by an entry on the registry books, and a nota- tion in the blank below, that this bond is payable to bearer, whereupon this bond shall become an unregister~d bearer. instrument, negotiable by delivery as if it had never been registered. Each request for registration, transfer or discharge must be in form satisfactory to the Fiscal Agent and must be made in writing, signed by the reg- istered owner, or by his agent duly authorized in writing, or by the bearer, as the case may be. 7l ~,_=",'~OW;'''''''''">'''''''~'''"''''_'~'''_'__~~' Date of Registration In Whose Name Registered Signature of Fiscal Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 27. Proceedings Constitute Contract. The provisions of this resolution and of the resolutions provid- ing for the sale of the bonds and awarding the bonds shall constitute a contract between the City and the bondholders and the provisions thereof shall be enforceable by any bond- holder for the equal benefit and protection of all bondholders similarly situated by mandamus, accounting, mandatory injunc- tion or any other suit, action or proceeding at law or in equity that is now or may hereafter be authorized under the laws of the State of California in any court of competent jurisdiction. Said contract is made under and is to be con- strued- in accordance wi th the laws of the State of Califor- nia. No remedy conferred hereby upon any bondholder is intended to be exclusive of any other remedy, but each 72 -'-_._"'..-r such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by the City Charter, Ordinance No. 2933 or any law of the State of California. No waiver of any default or breach of duty or contract by any bondholder shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies on said subsequent default or breach. No delay or omission of any bondholder to exercise any right or power accruing upon any default shall imp a i r any such right or power or shall be construed as a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the bondholders may be enforced and exercised as often as may be deemed expe- dient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and. the bondholder shall prevail, said bondholder shall be entitled to receive from the Revenue Account reimbursement for re~sonable costs, expenses, outlays and attorneys' fees and should said suit, action or proceeding be abandoned, or be determined adversely to the bondholders then, and in every such case, the City and the bondholder shall be restored to their former positions, rights and remedies as 73 -""-----..--.-~""""'~"_.-..,"'.o_~""""_"";p____'___~.,~.-____J>-.. . , if such suit, action or proceeding had not been brought or taken. After the issuance and delivery of the bonds, this resolution shall be irrepealable, but shall be sub- ject to modification to the extent and in the manner pro- vided in this resolution, but to no greater extent and in no other manner. Section 28. Future Contracts. Nothing herein contained shall be deemed to restrict or prohibit the City from making contracts or creating bonded or other indebt- edness payable from the general fund of the City or from taxes or any source other than the revenues of the enter- prise as defined herein, and from and after the sale of the bonds the general fund of the City shall not include the revenues of the enterprise and no contract or other obligation payable from the general fund of the City shall be payable form the revenues of the enterprise, except as provided herein. Section 29. Severability. If any covenant, agreement or provision, or any portion thereof, contained in this resolution, or the application thereof to any person 74 -;'-_"~"-_""-"""~""-""""--'~,.._;"".... ''''_~''-_''''''''''-'--''<''''''"'""~~~'-'_''.'',.--..'''''~-'' "';~',"",,~_.._-+ -"""'""---'",,~~- or circumstance, is held to be unconstitutional, invalid or unenforceable, the remainder of this resolution and the application of any such covenant, agreement or provi- sion, or portion thereof, to other persons or circumstances, shall be deemed severable and shall not be affected there- by, and this resolution and the bonds issued pursuant here- to shall remain valid and the bondholders shall retain all valid rights and benefits accorded to them under this reso- lution and the Constitution and laws of the State of Cali- fornia. If the provisions relating to the appointment and duties of a Fiscal Agent are held to be unconstitutional, invalid or unenforceable, said duties shall be performed by the Finance Director or the Treasurer. Section 30. Effective Date. This resolution shall take effect upon adoption. ADOPTED, SIGNED AND APPROVED this 26th day of February, 1980. ATTEST: ~ . ...J ~ .; _ ....~ .~ City C er 75 --~-'~--"-"'.'.,."_~...__ ...."""'.;.'w_._._.,.........._ -, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 80R-75 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 26th day of February, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R-75 on the 26th day of February, 1980. IN !)iTNESS W"dERE:OF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of February, 1980. c-~. ./20~ CITY CL~RK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 80R-75 duly passed and adopted by the Anaheim City Council on February 26, 1980. ___'~A~ ~~ . CI TY CLERK -. __,,~~:_"......,".__"'.... n 'III>.._.~","""-'-'.'_'_'_~