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80R-097 CITY OF AJ.~AHEIM RESOLUTION NO. 80R-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, SUPPLEMENTING RESOLUTION NO. 80R-75 WHEREAS, this City Council heretofore adopted its Resolution No. 80R-75 (the "Resolution"), authorizing the issuance of $7,350,000 water revenue bonds of the City of Anaheim; and WHEREAS, Bank of America National Trust and Savings Association was appointed as Fiscal Agent pursuant to Section 11 of the Resolution; and WHEREAS, in conjunction with or pending approval of a definitive fiscal agency agreement with the City, said Fiscal Agent has requested this City Council to make certain determinations supplemental to those set forth in the Resolution; NOW, THEREFORE, the City Council of the City of Anaheim, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. Equality of 1971 Bonds and 1980 Bonds. It is understood that the outstanding Water Revenue Series 1971 Bonds, issued pursuant to Resolution No. 7lR-233, and the Water Revenue Bonds, 1980 Series, to be issued pursuant to the Resolut~on, rank on a parity with respect to payment out of the net revenues of the waterworks system of the City. Consequently, moneys held by the Fiscal Agent in the Water System Revenue Bond and Interest Fund and in the Water System Revenue Bond Reserve Fund may be applied, pursuant to Resolution No. 7lR-233 and the Resolution, without preference or priority as between the two bond issues. Except as other- wise provided in the Resolution, moneys in the Water System Revenue Bond Sinking Fund shall be applied solely to pay the principal of the 1980 Series Term Bonds. Section 2. Registration. Notwithstanding the request of any bondholder, no registration, transfer after registration or discharge from registration need be made during the ten day period preceding an interest payment date. Section 3. Redemption. If the City elects to call and redeem any bonds prior to maturity, it shall so 2. notify the Fiscal Agent in writing at least 60 days prior to the redemption date. The Fiscal Agent shall thereafter be responsible for publishing and mailing a notice of redemption, as provided in this Resolution. Prior to the redemption date, the City shall establish a Redemption Fund with the Fiscal Agent, and shall deposit sufficient moneys in said fund to redeem the bonds designated for redemption. Section 4. Investment of Funds Held by Fiscal Agent. The Resolution provides for the temporary investment of moneys, including moneys in funds held by the Fiscal Agent, in certain authorized investments (as defined therein), and further provides that any income realized from such invest- ments shall be credited to such funds and any losses resulting from such investments shall be charged to such funds. The Fiscal Agent shall not be liable for any such losses, resulting from investments made by it, so long as such investments are made in accordance with the Resolution. Section 5. Amendment of Bond Covenants With Consent of Bondholders. The procedures for obtaining the ~onsent of bondholders to an amendment, waiver or modification of the covenants contained in the Resolution are generally set forth in Section 25 thereof. To assist in determining ~he voting qualifications of any bondholder, the Treasurer 3 . ,,,"'._"~",,--~..~-~.," ",._-, ,"-"-__,.....~'M"c_>_..,~,~_...__.,.~.. shall prepare and deliver to the chairman of the meeting a list of the names and addresses of the registered owners of bonds, and a statement of the names, addresses and the maturities and serial numbers of the bearer bonds held and deposited by the bondholders so named. ADOPTED, SIGNED AND APPROVED THIS 11th day of March, 1980. ATTEST: . , ) /' . u<::J. '..~ . LJ "- ~' City Clerk [Seal j 4 . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CI TY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 80R-97 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 11th day of March, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL M~1BERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R-97 on the 11th day of March, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of March, 1980. .'1 Clri~C~~~~IM (S EAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 80R-97 duly passed and adopted by the Anaheim City Council on March 11, 1980. " '& / , /\ _ '. 1 . .~v-<~/ '/Y"-/'-J<,~ CI'IT CLERK