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5367A, CITY OF ANAHEIM ORDINANCE NO. 5367 ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA, APPROVING ENTERING INTO OF THREE LEASEBACK (INSTALLMENT PURCHASE) AGREEMENTS WHEREAS, the City of Anaheim (the "City") and the Anaheim Redevelopment Agency have heretofore entered into a Joint Exercise of Powers Agreement establishing the Anaheim Public Financing Authority (the "Authority") for the purpose, among others, of issuing the Authority's bonds to be used to provide financial assistance to the City; and WHEREAS, it has been proposed that the Authority assist the City in the financing of the acquisition of an interest in a coal -fueled electric generating unit known as Unit 4 of San Juan Generating Station and related facilities (the "Facilities"); and WHEREAS, the City has previously executed and delivered certificates of participation (the "Certificates") in connection with the financing of certain improvements (the Combustion Turbine Peaking Plant and the Public Utilities Building Project) (the "Projects") to the electric system of the City; and WHEREAS, it has been determined that due to prevailing financial market conditions it is in the best interests of the City to realize interest rate savings by refunding a portion of the Certificates; and WHEREAS, it has been proposed that the Authority assist the City in refunding certain of the Certificates; and WHEREAS, the Authority and the City have determined that it is in the best interests of the Authority, the City and the citizens of the City to authorize the Authority's acquisition of the Facilities and a portion of each of the Projects and the City's purchase of such Facilities and such portion of each of the Projects from the Authority pursuant to certain Installment Purchase Agreements, each dated as of May 1, 1993, by and between the City and the Authority (the "Installment Purchase Agreements"), the proposed forms of which have been presented to this City Council, pursuant to which the City will agree to make certain purchase payments (the "Purchase Payments") in connection therewith; and WHEREAS, payments by the City pursuant to the Installment Purchase Agreements will be used in part by the Authority for payment of the principal of, premium, if any, and interest on bonds, notes or other indebtedness issued by the Authority to finance the acquisition of the Facilities and such portion of each of the Projects. 94601.18 LA01 \6169\5745.2 i NOW THEREFORE, the City Council of the City of Anaheim, California, does ordain as follows: 1. The City hereby approves the entering into by this City of the Installment Purchase Agreements. 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. This City Council shall certify to the enactment of this Ordinance and shall cause this Ordinance to be published in accordance with Section 54242 of the Government Code of the State of California. 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. ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 11thday of May, 1993. 'ifayor Attest_:., City Clerk LA01 \6169\5745.2 2 94601.18 i 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. 5367 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of May, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11 th day of May, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5367 on the 12th day of May, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of May, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5367 and was published once in the Anaheim Bulletin on the 20th day of May, 1993. CITY CLERK OF THE CITY OF ANAHEIM