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5630CITY OF ANAHEIM ORDINANCE NO. 5630 ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA APPROVING AN INSTALLMENT PURCHASE AGREEMENT 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 certain distribution facilities (the "Facilities"); and WHEREAS, it has been proposed that the Authority acquire and construct the Facilities and that the City purchase such Facilities from the Authority pursuant to an Installment Purchase Agreement, dated as of April 1, 1998, by and between the City and the Authority (together, the "Installment Purchase Agreement"), pursuant to which the City will agree to make certain purchase payments (the "Purchase Payments") in connection therewith; and WHEREAS, the Authority and the City have determined that it would be in the best interests of the Authority, the City and the citizens of the City to authorize, pursuant to the Indenture of Trust, dated as of April 1, 1998, by and between the Authority, the City and Union Bank of California, N.A., as Trustee (the "Trustee") (the "Indenture"), for the purpose of raising funds necessary to provide such financial assistance to the City, the issuance of its revenue bonds (the "Bonds") in the aggregate principal amount of not to exceed $65,000,000 under the provisions of Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act") and to provide for the use of the proceeds of the Bonds to construct and acquire the Facilities; and WHEREAS, the Purchase Payments by the City pursuant to the Installment Purchase Agreement will be used in part by the Authority for payment of the principal and interest on the Bonds to finance the acquisition and construction of the Facilities; NOW, THEREFORE, the City Council of the City of Anaheim, California, does hereby ordain as follows: SECTION 1: The recitals of this Ordinance are hereby incorporated by reference as though fully set out in this place. The City hereby authorizes and approves the entering into by the City of the Installment Purchase Agreement and the issuance of the Bonds. SECTION 2: This Ordinance is subject to the provisions for referendum applicable to the City. SECTION 3: This City Council shall certify to the enactment of this Ordinance and shall cause this Ordinance to be published in accordance with such provisions of law as shall be applicable in the premises. This Ordinance shall take effect and be in full force and effect in accordance with the applicable provisions of the Charter. ADOPTED by the City Council, signed by the Mayor and attested to by the City Clerk this 28th day of April, 1998. ATTEST: z " -;( S - City Clerk ctyorai.do 2 �� ayor of the City of An m 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. 5630 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 7th day of April, 1998, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of April, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Lopez AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5630 on the 28th day of April, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of April, 1998. Ia ;t S;L 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. 5630 and was published once in the North County News on the 16th day of April, 1998. CITY CLERK OF THE CITY OF ANAHEIM