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, ,