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4118Zr ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND APPROVING AS SO AMENDED ORDINANCE NO. 3966 OF SAID CITY COUNCIL, AUTHORIZING THE ISSUANCE OF COMMUNITY CENTER AUTHORITY REVENUE BONDS, SERIES D, FOR THE PURPOSE '-r OF PROVIDING FUNDS FOR THE ACQUISITION, CONSTRUCTION AND FINANCING OF ADDITIONS TO THE ANAHIEM CONVENTION CENTER FACILITY, AND DESIGNATING THE ANTICIPATED SOURCES OF REVENUE THAT- WILL BE PLEDGED TO SECURE SAID REVENUE BONDS. WHEREAS, on February 6, 1979 this City Council did duly adopt its Ordinance No. 3966 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF COMMUNITY CENTER AUTHORITY REVENUE BONDS, SERIES D, FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION, CONSTRUCTION AND FINANCING OF ADDITIONS TO THE ANAHIEM CONVENTION CENTER FACILITY, AND DESIGNATING THE ANTICIPATED SOURCES OF REVENUE THAT WILL BE PLEDGED TO SECURE SAID REVENUE BONDS"; and WHEREAS, this City Council desires to amend said Ordinance No. 39.66 in certain respects; NOW, THER9FORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN THAT Ordinance No. 3966 of this City Council is hereby amended to provide as set forth below and, as so amended, is hereby approved: "WHEREAS, pursuant to the provisions of Article 11, Chapter 5, Division 78 Title 1 of the Government Code of the State of California, as amended, the City of Anaheim (the "City") has heretofore entered into a Joint Exercise of Powers Agreement, as amended and supplemented (the "Agreement"), with the Anaheim Union High School District (the "District"), creating the Community Center Authority (the "Authority"), an agency or public entity separate and apart from the City and the District; and "WHEREAS, the Authority has power to acquire, construct, maintain, operate and lease an auditorium and exhibition building for holding, among other things, fairs or exhibitions for the display of agri- cultural, livestock, industrial or other products, exhibitions and other public meetings and, the Authority is authorized, in its own name, to do all acts necessary for the exercise of its powers; and "WHEREAS, the Authority has the power to issue Its revenue bonds in accordance with the Agreement and the provisions of Article 2, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Bond Act") to provide funds for the acquisition, construct and financing of such facilities; and "WHEREAS, the Authority has acquired, pursuant to a lease between the Authority as lessee and the City as lessor, as amended and supplemented (the "Site Lease"), a leasehold interest in certain real property and has constructed thereon that certain facility known as the Anaheim Convention Center and has, in accordance with the Agreement and the Bond Act, issued its Revenue Bonds, Series A, and Revenue Bonds, Series B, to provide funds for the acquisition, construction and financing thereof; and "WHEREAS, such Revenue Bonds, Series A, and Revenue Bonds, Series B, were issued pursuant to and secured by the Authority's Resolution No. 21, as amended and supplemented (the "Bond Resolution"), and are payable from certain funds held in trust under the Bond Resolution for the benefit of the holders of Revenue Bonds issued thereunder and from revenues of the Authority from the Anaheim Convention Center, including rentals received by the Authority under a lease of the Anaheim Convention Center between the Authority as lessor and the City as lessee, as amended and supplemented (the "Facility Lease"), which rentals are designed to be adequate to pay, when due, princi- pal, premium and interest on such Revenue Bonds, Series A,"and Revenue Bonds, Series B; and . "WHEREAS, the City has acquired and leased to the Authority, pursuant to an amendment to the Site Lease, certain premises adjacent to the Anaheim Convention Center site, and the Authority proposes to utilize a portion of such premises in connection with, and proposes to construct, certain additions and improvements to the Anaheim Convention Center, com- prised of, in general terms, a structure (providing up to 365,000 square feet of floor space) adjacent to the existing Anaheim Convention Center designed for audi- torium, exhibition, meeting and related uses (including, possibly, parking), and certain off-street parking facilities; and "WHEREAS, this City Council has determined that the public interest and necessity require the acquisi- tion of . such premises and the construction of such additions and improvements by the.Authority; and "WHEREAS, in accordance with the Bond Act, the exercise by the Authority of its power to issue -2- revenue bonds is subject to the authorization of such �• issuance by each of the City and the District pursuant to ordinance; and "WHEREAS, by a separate ordinance enacted -on February 6, 1979, this City Council has authorized the '-' issuance of Revenue Bonds, Series Cr of the Authority; and "WHEREAS, the Authority has issued, in accor- dance with the Agreement and,the Bond Act, its Revenue Bonds, Series C, to provide funds for the acquisition, construction and financing of such premises, additions and improvements, such Revenue Bonds, Series Cr matur- ing on or before August 1, 2011 and having been issued in the aggregate principal amount of $10,000,000; and "WHEREAS, such Revenue Bonds, Series C, were issued pursuant to and secured by the Bond Resolution and are payable from funds held in trust under the Bond Resolution for the .benefit of the holders of Revenue Bonds issued thereunder and from revenues of the Authority from the Anaheim Convention Center, including rentals received. by the Authority from the City under an amendment td the Facility Lease, with the rentals under the Facility Lease, as so amended, being designed to be adequate to pay, when due, prin- cipal, premium and interest on the Revenue Bonds, Series A;' Revenue Bonds, Series B, and the Revenue Bonds, Series C; and "WHEREAS, the Authority proposes to issue, in accordance with the Agreement and the Bond Act, its Revenue Bonds, Series D, to provide funds for the acquisition, construction and financing of -such premises, additions and improvements, such Revenue Bonds, Series D, to mature on or before August 1, 2011 and to be issued in an aggregate principal amount not exceeding $38,5001'000; and "WHEREAS, such Revenue Bonds, Series D, are pro- posed to be issued pursuant to and secured by the Bond Resolution and to be payable from funds held in trust under the Bond Resolution for the benefit of the hold- ers of Revenue Bonds issued thereunder and from reve- nues of the Authority from the Anaheim Convention Center, including rentals received by the Authority from the City under a further amendment to the Facility Lease, with the rentals under the Facility Lease, as so amended, being designed to be adequate to pay, when due, principal, premium and interest on the -3- Revenue Bonds, Series A, Revenue Bonds, Series B. +' Revenue Bonds, Series Cr and the Revenue Bonds, Series D; "NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: 11. The issuance by the Authority of Community Center Authority Revenue Bonds, Series D, in an aggre- gate principal amount not to exceed $38,5001000, is hereby authorized. "2. The proceeds from the sale of such Revenue Bonds, Series D, are authorized to be used for the acquisition, construction and financing of the premises, additions and improvements described above. "3. The Revenue Bonds, Series D. and premium and interest thereon are hereby authorized to be pay- able from, and secured by, funds held in trust under the Bond Resolution for the benefit of the holders of Revenue Bonds issued thereunder and from revenues of the Authority from the Anaheim Convention Center, including rentals received by the Authority from the City under the above-described further amendment to the Facility Lease. 04. Pursuant to Section 6547 of the Bond Act, this Ordinance is subject to the provisions for refer- endum prescribed by Section 3751.7 of the Elections Code of the State of California. "5. The City Cle ment of this Ordinance same to. be published in of the Government Code five (5) consecutive d its adoption, in the per of general circul circulated in the City after the approval of shall take effect and rk shall certify to the enact - and shall cause notice of the accordance with Section 6040.1 of the State of California, for ays within fifteen (15) days of An Bulletin, a daily newspa- ation, printed, published and , and sixty (60) days from and this Ordinance, this Ordinance be in full force, in the manner provided by law." -4- r,._ THE FOREGOING ORDINANCE is passed and approved by the City Council of the City of Anaheim this fifteenth-day/m April, 1980. ATTEST: CITY'CLERK OF THE -CITY OF ANAHEM —5— THE FOREGOING ORDINANCE is passed and approved by the City Council of the City of Anaheim this fifteenth day/vf April, 1980. ATTEST: CITY VLERK OF THE -CITY OF ANA -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim,'do hereby certify that the foregoing Ordinance No. 4118 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of April, 1980, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of April, 1980, 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. 4118 on the 15th day of April, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of April, 1980. CITY CLERK OF THE CI 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. 4118 and was published once in the Anaheim Bulletin on the 25th day of April, 1980.