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1975-324 RESOLUTION NO. 75~-324 ........... A RESOLUTIOn OF TEE CITY COUNCIL OF THE CITY OF ANAHElr'l PROVIDING FOR THE BORROlvING OF FUNDS FOR THE 1975-1976 B"ISCAL YEAR Al~D TIlE ISSUANCE AI\ID SALE OF GENERAL OBLIGATIO!~ l\fOTES THEREFOR. ~~EREAS, the City of Anaheim, a municipal corporation of the State of California, desires to avail itself of the pro- visions of Article 7.6, Chapter 4, Part 1, Division 2, Title 5, California Government Code for the purpose of borrowing from time to time sums not exceeo.ing in the aggregate $5,000,000 in anticipation of the receipts of revenues by the City of Anahe1!~ during its 1975-76 fiscal year (commencing July 1, 1975, and end- ing June 30, 1976). vITIEREAS, Section 53858 of said Government Code provides that notes shall not be issued ,ursuant to said Article 7.6 in any fiscal :rear in an amount \'{h1ch, when :"~::..';.ed to the interest payable thereon shall exceed eighty-five percent (85%) of the es- timated amount of the then uncollected taxes, income, revenue, cash receipts, and other moneys of the City which will be avail- ~ble in said fiscal year for the payment of said notes and the interest thereon. vlHERE.l\.S, the estimated amount of uncollected taxes, j.n- come, revenue, cash receipts and other funds of the City which \.,i11 be available in said fiscal ~'ear for the payment of said notes and the interest thereon is in excess of $6,500,000. vlHEREAS, United California Bank has offered to lend the City the sum of $5,000,000 at an interest rate of 4.21 percent t;)er annUlll upon negotiable notes to lna.ture on June 30, 1976. N01~, THEREFORE, BE IT RESOL~~D by the City Council of the City of Anaheim as follows: 1. It 1s necessary for the City to issue negotiable notes in the amount of $5,000,000 for the purposes hereinafter set forth. 2. The anticipated receipts of the City of Anaheim for the fiscal year 1975-76 presently uncollected, and which will be avail- able for the payment of any notes nade pursuant to this resolution, and any interest thereon, is in excess of ~6,500,OOO. :3. No sums heretofore have been borrowed by said City in a.nticipation of the receipts or taxes, income, revenue, cash re- ceipts, or other funds for this 1975-76 fiscal year. ll. The Ci t~.7 Treasurer is hereby authorized to borrow, from time to time, from United California Bank pursuant to the authority recited in the first paragraph of this resolution, a total sum of ~5,OOO,OOO to be evidenced by notes, which shall be dated as of t~e date of delivery thereof; shall be in denominations as follows: 30 e.t ~lOO,()OO each, shall be numbered from 1 through 30; .-... shall bear interest at the rate of 4.21 percent per annum payable at maturity; shall mature on June 30~ 1976; and shall be substan- tially in the form attached hereto as Exhibit "A". .,........ 5. Said money shall be borrow~d from time to tir~ as de- termined by the City Treasurer to be .necessary or desirable 'for use and expenditure by the City of Anaheim for any purpose for which it is authorized to expend funds~ including, but not li~ited to, current expenses, capital expenditures and the discharge of any obligation or indebtedness, and said money so borrowed shall be used only for purposes for which the City of Anaheim is author- ized to expend funds. 5. ~or the prompt payment of the principal and interest on the notes so issued, the City of Anaheim hereby pledges such of the revenues to be received by it during the 1975-76 fiscal year as shall be necessary to provide for payment of the principal of notes issued and interest payable thereon. To the extent not paid from the revenues of the City, pledged for the payment thereor, eaid note shall be paid with the interest thereon from any other moneys of the City lawfully available therefor. 7. It hereb~.T is covenanted and vlarranted by the City o:~.. Anaheim that all representations and recitals contained in this resolution are true and correct, and that the City, and its a.npro- !,r1ate officj.als, have Guly taI:en all proceed:lngs necessary to be tal:en b;;7 thern, and ~lill take a.ny addit:i.onal proceed.ings necesi)(lry to be t2ken by them, for the le~T, collection, and enforcement of the revenues 91edged hereunder in accordance with the law for car- r~:TinJ?': out the provisions of thj_s resolution and any pledee here- under. 3. Each of the aforesa.id notes, upon issuance, shall be ex- ecuted by the Cit~T Treasurer, who is hereby authorized to execute the same, and the City Clerk is hereby authorized and directed to countersign and seal each of said notes for and on behalf of the City, and said execution, counters1ening and sealing shall consti- tute a valid and sufficient execution of each of said notes. THE FOREGOI:'.]G RESOLUTION is approved and this 1st day of JulY, 1975. . .-"'" A.TTEST: -", ~ .//. a-1P c~ ~" --E -fiTY OF ANAHEIM .......... CITY OF ANAHEIM REVENUE ANTICIPATION NOTE FISCAL YEAR 1975-76 .-.... No. $ For value received, the City of Anaheim, a municipal corporation of the State of California, promises to pay to bearer at the office of the Treasurer of said City, in Anaheim, Ca11forn1a~ the principal sum of $ in lawful money of the United States of America, on June 30, 1976, together with interest thereon at the rate of 4.21 percent per annum in like lawful money from the date hereof. Both the principal of and the interest on this note shall be payable only upon surrender of this note as the same shall fall due; provided, however, no interest shall be payable for any period after maturity during which the holder hereof fails to properly present this note for payment. This note Is made, executed, and given pursuant to and by authority of Resolution No. 75R-32~ of the Council of the City of Anaheim dUly passed and adopted on July 1, 1975, under and by authority of Article 7.6~ Chapter 4, Part 1, Division 2, Title 5, California Government Code. It 1s hereby certified, recited and declared that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this note have existed~ happened, and been performed in due time, form and manner as required by law and that the amount of this note, together with all other indebtedness of the City does not exceed any debt limit prescribed by the laws or Constitution of the State of California or the Charter of the City of Anaheim. The principal of and interest on this note are payable from the revenues to be received by the City of Anaheim during the Fiscal Year 1975-76, and to the extent not paid from said monies, this note shall be paid with interest hereon from any other monies of the City lawfully available therefor. IN WITNESS WHEREOF, the City of Anaheim has caused this note to be executed by the City Treasu~e~ of the City of Anaheim, and countersigned by the City Clerk of the City of Anaheim, and caused its offieial seal to be affixed hereto this day or July, 1975. CITY OF ANAHEIM By City Treasurer ......... .......... STATE OJ' CALIfORNIA ) COUNTY !JP OlWlGE ) ss . CrrY OF ANAHEIM 1. .............. I., ALOHA M~ HOUGABD, City Cle.J:k of :the City of Anehe~, do heJ;'eby certify tha.t the foregoi.ng Resolution :MD. 75R...324 was. intro~ duced and adopted at a regular JQ.eettng p%c)vi.ded . by. law', Qf the C1ty' Council of the City of Anahe:bll held on the 1st. a..,y: ot. July., ~975, by the followinq vote of the members thereof eft . A~', COUNCIL MEMBERS, KayWaod, Seymour, Sneegas ~d ThQ1ll NOES. COUNCI'L MEMBERS'c None ABSENT, CC1UNCIL MEMBE~ J Pebley AND r- FURTHER CERTI!'Y that the Mayor ot the Ci,tr ot. Ana.heitn approved and signed said Resolution No_ 75R")24 on the 1st Clay' o.f 3uly, 19.75" IN WI'l'NESS WHEREOF, I have hereunto set 1JY.. hand and .ff~ed the seal of the ctty of Anaheim th!.s 1st d~y of JU1Yf ~975, ~~~al t# ... c. . ~ . [ . ~.~~. . (SEAL). I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do here~ certify that the foregoing is the original of Resolution No. 75R-324 duly passed and adopted by the Anaheim City Council on July 1, 1975. <-'~U2/ )?7.~~P City C er1V' . ............