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5272ORDINANCE NO. 5272 ORDINANCE OF THE CITY OF ANAHEIM APPROVING ENTERING INTO OF TWO SEPARATE TRANSMISSION SERVICE CONTRACTS 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 and certain other public agencies created pursuant to the laws of the State of California (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 Composite Development Agreement for Mead -Phoenix Project and Mead- Adelanto Project (the "Composite Development Agreement") relating to two projects to provide for the transmission of electrical energy; one project is to consist of an AC transmission line extending from a new substation ("Marketplace Substation") to be constructed adjacent to the existing McCullough Switching Station near Las Vegas, Nevada to the existing Westwing Substation in the Phoenix, Arizona area, together with associated facilities (the "Mead -Phoenix Project"); and the other project is to consist of an AC transmission line extending from Marketplace Substation to the existing Adelanto Switching Station in the Adelanto, California area, together with associated facilities (the "Mead-Adelanto Project"); and WHEREAS, in accordance with the Agreement and the Joint Powers Act, the Authority proposes to also enter into certain agreements attached to the Composite Development Agreement, pursuant to which the Authority would acquire an ownership interest as tenant in common in the Mead -Phoenix Project and the Mead- Adelanto Project, and capital improvements thereto that may be constructed from time to time, and interests in certain other properties and rights relating thereto; and WHEREAS, the City Council of the City of Anaheim finds and determines that it is in the best interests of the customers of the electric system of the City of Anaheim for the City of Anaheim to contract with the Authority for transmission service of the Mead -Phoenix Project pursuant to a Mead -Phoenix Project _ Transmission Service Contact (Members) in substantially the form submitted to the City Council; and WHEREAS, the City Council of the City of Anaheim finds and determines that it is in the best interests of the customers of the electric system of the City of Anaheim for the City of Anaheim to contract with the Authority for transmission service of the Mead-Adelanto Project pursuant to a Mead-Adelanto Project 1 Transmission Service Contract (Members) in substantially the form submitted to the City Council; and - WHEREAS, in accordance with the Agreement and the Joint Powers Act, the Authority has the power to enter into the Mead - Phoenix Project Transmission Service Contract (Members) and the Mead-Adelanto Project Transmission Service Contract (Members) to sell service of the Mead -Phoenix Project and the Mead-Adelanto Project to the City of Anaheim; and WHEREAS, payments by the City of Anaheim pursuant to the Mead -Phoenix Project Transmission Service Contract (Members) and the Mead-Adelanto Project Transmission Service Contract (Members) 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 construction of the Mead -Phoenix Project and the Mead-Adelanto Project. NOW THEREFORE, the City of Anaheim does ordain as follows: 1. The City Council of the City of Anaheim hereby approves the entering into by the City of Anaheim of (a) a Mead - Phoenix Project Transmission Service Contract (Members) and (b) a Mead-Adelanto Project Transmission Service Contract (Members), each in accordance with the terms and conditions of the Composite Development Agreement. 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 of Anaheim. 3. The City Clerk of the City of Anaheim 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. THE FOREGOING ORDINANCE is approved and adopted by the City of Anaheim this 19th day of November , 1991. ATTEST: Z�2r YOR OF T ITY 7 F ANAHEIM >C � ? I S"- ��� CITY CLERK OF THE CITY OF ANAHEIM E 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. 5272 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of November, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of November, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler and Hunter NOES: COUNCIL MEMBERS: Ehrle ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5272 on the 20th day of November, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of November, 1991. 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. 5272 and was published once in the Anaheim Bulletin on the 29th day of November, 1991. !a —)/( -C�L� CITY CLERK OF THE CITY OF ANAHEIM