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516011009-34 JHHW:BDQ:kla 8/3/90 ORDINANCE NO. 5160 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM --- AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND THE ANAHEIM PUBLIC FINANCING AUTHORITY WHEREAS, the City of Anaheim (the "City") wishes to institute proceedings to finance the acquisition, construction and improvement of a new sports and entertainment arena within the City (the "Project"); and WHEREAS, the City proposes to lease the Project from the Anaheim Public Financing Authority, a joint exercise of powers authority to be created by agreement of the City and the Anaheim Redevelopment Agency (the "Authority") pursuant to a lease agreement by and between the Authority and the City (the "Lease Agreement") and to pay certain lease payments thereunder in the amounts and at the times sufficient to provide for the retirement of lease revenue bonds to be issued by the Authority to finance the acquisition, construction and improvement of the Project; and WHEREAS, the City is required by Article 9 of Chapter 5 of Part 1 of Division 2 of the California Government Code (commencing with section 54240 of said Code) to approve the Lease Agreement by ordinance which is subject to referendum; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1. Findings and Determinations. The City Council of the City hereby finds and determines that it is for the common benefit of the City and its residents and is necessary and proper for municipal purposes that the City enter into the Lease Agreement with the Authority. Section 2. Approval of Lease Agreement. The City Council hereby approves, and authorizes and directs the Mayor, the City Manager or the Finance Director to execute and. the City Clerk to attest and affix the seal of the City to, a Lease Agreement; provided, however, that the moneys used by the City for payment of the lease payments due under the Lease Agreement shall be derived by the City pursuant to that certain Arena Management Agreement, dated as of June 26, 1990, by and between the City and Ogden Allied Facility Management Corporation of Anaheim (the "Manager"), pursuant to which the Manager is required to operate the Project. Section 3. Official Actions. The Mayor, City Manager, the Finance Director, the City Clerk, the City Attorney and any and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate the lawful execution and delivery of the Lease Agreement by the City. Section 4. Effective Date of Ordinance. This Ordinance shall be published and posted in the manner specified in applicable provisions of law, and shall become effective thirty (30) days from and after the date of its final passage. This Ordinance shall be subject to referendum pursuant to and as provided In section 54241 of the California Government Code and other applicable laws of the State of California. The foregoing Ordinance was was passed, approved and enacted by the City Council of the City of Anaheim this 21st day of August , 1990. by the following vote: Attest: 1 x � City Clerk -2- A CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5160 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of August, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 21st day of August, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, and Hunter NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5160 on the 22nd day of August, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of August, 1990. ��� CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5160 and was published once in the Anaheim Bulletin on the 31st day of August, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)