4270ORDINANCE NO. 4270
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, FURTHER AMENDING AN ORDINANCE HERETOFORE
ADOPTED AND AMENDED BY SAID CITY COUNCIL ENTITLED: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE
AND SALE OF $92,000,000 ELECTRIC REVENUE BOND ANTICIPATION
NOTES OF SAID CITY AND PROVIDING THE TERMS AND CONDITIONS
OF SAID NOTES."
WHEREAS, the City of Anaheim is a municipal corporation
organized and existing under a Charter duly and regularly
adopted pursuant to the provisions of the Constitution of the
State of California; and
WHEREAS, the City Council has heretofore adopted an
ordinance entitled: "An Ordinance of the City Council of
the City of Anaheim, California, providing for the
procedures for the issuance and sale of $92,000,000 Electric
Revenue Bond Anticipation Notes of said City and providing
the terms and conditions of said Notes" (the "Ordinance");
and
WHEREAS, by an Ordinance entitled "An Ordinance of the
City Council of the City of Anaheim, California, amending
an ordinance heretofore adopted by said City Council
entitled: 'An Ordinance of the City Council of the City of
Anaheim, California, providing for the procedures for the
issuance and sale of $92,000,000 Electric Revenue Bond
Anticipation Notes of said City and providing the terms
and conditions of said Notes'", the City Council has
heretofore amended the Ordinance in certain respects; and
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WHEREAS, the City Council is desirous of further
amending the Ordinance in certain respects;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Ordinance. Section 4 of
the Ordinance is hereby amended to read as follows:
"SECTION 4. Terms and Conditions. The Notes shall
be issued in such principal amount or amounts, be of
such denomination or denominations, shall bear such
number or numbers, shall bear such date or dates of
issue and maturity or maturities and such rate or
rates of interest, as specified in a Determination given
or delivered to the Issuing and Paying Agent pursuant to
Section 7 hereof.
Unless the City Council shall otherwise direct by
resolution adopted prior to the issuance of the Notes
so to be affected, the Notes shall bear interest from
their date, shall be issued in bearer form (but if
directed by a Determination from an Authorized Person,
the Issuing and Paying Agent shall strike the word
"bearer" and insert the name of a payee), without
coupons, in a minimum denomination of $50,000. The
Notes shall be consecutively numbered, shall be dated
the date of their issuance, and interest shall be
payable at the Notes' respective maturity dates.
The Notes shall otherwise have such terms and
conditions as shall be set forth in a Determination
to be delivered pursuant to Section 7 hereof in
connection with the issuance of the Notes; provided,
however, that unless the City Council shall adopt and
deliver an ordinance or resolution amending the
following provisions, no Note:
(i) shall bear interest at an annual rate
(calculated on the basis of a 360 -day year) resulting
- in a net interest cost of greater than 15% per annum
(except that any Note issued pursuant to the Revolving
Credit Agreement referred to in Section 16 shall bear
interest at a rate, which may vary from time to time,
equal to sixty (60%) percent of the rate of interest
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publicly announced from time to time by the
Bank of America National Trust and Savings
Association in San Francisco as its prime
rate); provided, however, that the limitations
on interest rate and cost provided for in this
clause (i) shall not apply to the indemnity
provisions of Sections 5.7, 5.8 and 5.9 of the
Revolving Credit Agreement referred to in
Section 16, and (ii) shall mature more than
two years from the date of issuance thereof."
SECTION 2. Publication. That the City Clerk shall
cause this Ordinance to be published once, within fifteen
days after its adoption, in The Anaheim Bulletin, the
official newspaper of the City.
SECTION 3. Effective Date. This ordinance shall
become effective thirty days from and after the date of
adoption.
ADOPTED, SIGNED AND APPROVED this 29th day of
September 1981.
A'TEST:
City Clerk of the nty of Anaheim
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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 Ordinance No. 4270 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 22nd day of September, 1981,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 29th day of September, 1981, 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
Ordinance No. 4270 on the 29th day of September, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 29th day of September, 1981.
CITY CLARK 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 Ordinance No. 4270 and was published once in the
Anaheim Bulletin on the 9th day of October, 1981.
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