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5809ORDINANCE NO. 58og AN ORDINANCE OF THE CITY OF ANAHEIM, APPROVING THE ENTERING INTO OF THE MAGNOLIA POWER PROJECT POWER SALES AGREEMENT WHEREAS, pursuant to the provisions relating to the joint exercise of powers found in Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended (the "Joint Powers Act"), the City of Anaheim (the "City") and certain other public agencies (collectively, the "Members") have entered into a Joint Powers Agreement, as amended (the "Agreement"), creating the Southern California Public Power Authority (the "Authority"), a public entity separate and apart from the Members; and WHEREAS, the Authority proposes to enter into the Magnolia Power Project Construction Management and Operating Agreement to provide for the construction, acquisition and operation of the Magnolia Power Project, a natural gas-fired generating facility and associated facilities to be owned by the Authority and to be located in the City of Burbank, one of the Members (the "Magnolia Power Project"); and WHEREAS, the Council of the City of Anaheim finds and determines that it is in the best interests of the City and its residents to purchase capacity and energy from the Magnolia Power Project pursuant to the Magnolia Power Project Power Sales Agreement between the City and the Authority (the "Power Sales Agreement"), a form of which has been submitted to this Council; and WHEREAS, in accordance with the Agreement and the Joint Powers Act, the Authority has the power to enter into the Power Sales Agreement to sell capacity and energy of the Magnolia Power Project to the City; and WHEREAS, payments by the City pursuant to the Power Sales Agreement will be used in part for payment of the principal of, premium, if any, and interest on certain of the bonds, notes or other evidences of indebtedness issued by the Authority to finance the construction and acquisition of the Magnolia Power Project. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Anaheim: 1. The Council hereby approves the entering into of the Power Sales Agreement by the City. 2. Pursuant to Section 54241 of the Government Code of the State of California, this Ordinance is subject to the provisions for referendum applicable to the City. 3. The Council or the City Clerk shall certify to the enactment of this Ordinance and shall cause this Ordinance to be published after adoption as required by law for ordinances of the City generally. 4. Thirty (30) days from and after its enactment, this Ordinance shall take effect and be in full force, in the manner provided by law. 5. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments, ADOPTED by the Council of the City of Anaheim and signed by the Mayor and attested by the City Clerk thisl9th day of March , 2002. MAYOR OF THE CITY OF NAHEIM ATTEST: CI Y CLE9k OF THE CITY OF ANAHEIM 43811.1/1moses/February 26, 2002 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5809 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of March, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of March, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None "CITY CL K OF THE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: March 28, 2002 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County. California, on Date. _ _ _March 28, 2002 r_)lull, (� —Z —� Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATU CEI VED loll MAR 2 9 This space is for the County Clerk's Filing Stamp P % Q OFFICE OF CITY CITY OFANAiNEMRK ig, 5-- si QlmlMSIIO! IMf.ft�M wHERfJ►s, ppureuant ro int exeritse of powsna found h 5 � I of theGov J t PowntMr t'), of Cs rrla � me �e �k)e� "AVamr,fi*Chtd ffoorida PUbk Powlsir ie e� publke ll- ty separate and apsrt from Member; WHEREAS Me Authority proposes to enter into the noMa Pourer PMoieat Constructs n Mllf mstlt aqd ing Agreement o vide for the cohttctioh, e�qui and opetstion of t Magnol gwae Project, a rrduraE gas- fired generaltirc tedtlyand assogetlFd ficlNtia to be owned by tts. and be located In the City of 0ur and - bank, oro of the Mem (the "Magnolia Power Project"); WHEREAS, the Council of the City of Anaheim finds and determines that it Is to the beet Interests of the C%ano ifs resident to purchase capgciiy erns from tRe M�pno- Ila Paver Piro�cctt pureuent t.7 o fhe Me�Ppa��vyeer� Pro1Jii�t Power Sales llprethent between the City ar�C�the Au#Kfrih (the "Power Too Agreement"), a hum of which has bean submgted to this Council; end WHEREAS, in accordance with the Agreement and thle Joint Powers Act, the Authbrity has the power to, enter Into the Power S es Agreement ro seg capacity and energy of the Magnolia Power Project to the Clly and WHEREAS, payments by the-Cgypursuant ro the Porter Sales Agreement vrW be used in per!'for payment of thVicrin; cipel of, premium, R any, and interest on certain of the bort, notes or other evidenced of indebtedness Issued by the Authority to finance the construction and acquisltion,uf. . the Magnolia Power Project. NOW THEREFORE, BE IT ORDAINED by the Council of the Cityof Anaheim: 1. The Council hereby nroveathe entering into of the Power Saks Agreemem by the City. 2. Pursuant to Section 54241 of the Government Coda of the State of Califomk, It* ordi na4it e It subject to the pro visions for referendum applicable to the City. ' 3. The Council or the City Cleric shall certfiy to the enso merle of thisOrdinance and shallcoin this Ordilhanas to beripcw o tod aft adaption as required by law for ordl he City generally. 4. Thirty (30) days from and after Its. enactment, this Ofd' nano shag Was effect and be in full force, in the manner provided by law. 5. Neither the adaption of this ordinance nor the repat of arty other ordnance of this Clay sir In any lino" the prosecution to► viotrtlone dfor�rences MAdeh v - torr were mm*ed pdor to to aRaodw Ul&J eregk nor be construed as a waiver of any Ikenagor pine or TfWprow lofts 1. vkSMM glare MZ same ao ar�narri {are �s�yy by the Clgr naemaat6ar, bs construet} as and ria,. and not as row enact lerlt, ADOPTED by the Counciliof the C*y ofAnaheim and n - aa Mahror eritf atpeMstpdp�by the City Cixk this 19th*X 22000¢. M YOR OF THE CITY OF ANAHEIM ATTEST: SHE MLL SgiROEDPR CITY CLERK THE CITY OF AiM Fekttaia, ,