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3966ORDINANCE NO. 3966 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 ACQUISI- TION, CONSTRUCTION AND FINANCING OF ADDITIONS TO THE ANAHEIM CONVENTION CENTER FACILITY, AND DES- IGNATING THE ANTICIPATED SOURCES OF REVENUE THAT WILL BE PLEDGED TO SECURE SAID REVENUE BONDS. WHEREAS, pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, as amended, the City of Anaheim (the "City") has hereto- fore 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 agricultural, 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, construction 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 2 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, con- struction and financing thereof; and WHEREAS, such outstanding Revenue Bonds were issued pursu- ant to and secured by the Authority's Resolution No. 21, as amended and supplemented (the "Bond Resolution"), and are payable from cer- tain 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, principal, premium and interest on such outstanding Revenue Bonds; and WHEREAS, the City proposes to acquire and to lease to the Authority, pursuant to an amendment to the Site Lease, certain prem- ises adjacent to the present Anaheim Convention Center site, and the Authority proposes to utilize a portion of such premises in connec- tion with, and proposes to construct, certain additions and improve- ments to the Anaheim Convention Center, comprised of, in general terms, a structure (providing approximately 250,000 square feet of floor space) adjacent to the existing Anaheim Convention Center designed for auditorium, exhibition, meeting and related uses 3 ( including, possibly, parking) , and certain off - 'street parking facilities; and WHEREAS, this City Council has determined that the public interest and necessity require the acquisition of such premises and the construction of such additions and improvements by the Authority; and WHEREAS, the Authority proposes to issue, in accordance 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 C, to mature on or before August 1, 2011 and to be issued in an aggre- gate principal amount not exceeding $10,000,000; and WHEREAS, such Revenue Bonds, Series C, are proposed to be issued pursuant to and secured by the Bond Resolution and to be pay- able from funds held in trust under the Bond Resolution for the bene- fit of the holders 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 an 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 now outstanding Revenue Bonds and the Revenue Bonds, Series C; and WHEREAS, in accordance with the Bond Act, the exercise by the Authority of its power to issue revenue bonds is subject to the authorization of such issuance by each of the City and the District pursuant to ordinance; and 4 WHEREAS, by a separate ordinance enacted on the date hereof, this City Council has authorized the issuance of such Revenue Bond, Series C; and •WHEREAS, the Authority proposes to issue, in accordance with the Agreement and the Bond Act, at a date after the issuance of its Revenue Bonds, Series C, its Revenue Bonds, Series D, to provide funds for the acquisition, construction and financing of such prem- ises, 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 the amount by which $30,000,000 exceeds the aggregate principal amount the original issue of Revenue Bonds, Series C, by the Authority; and WHEREAS, such Revenue Bonds, Series D, are proposed to be issued pursuant to and secured by the Bond Resolution and to be pay- able from funds held in trust under the Bond Resolution for the bene- fit of the holders 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 now outstanding Revenue Bonds, the Revenue Bonds, Series C, and the Revenue Bonds, Series D; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: 1. The issuance by the Authority of Community Center Authority Revenue Bonds, Series D, in an aggregate principal amount 5 not to exceed the amount by which $30,000,000 exceeds the aggregate principal amount of the original issue of Revenue Bonds, Series C, by the Authority, 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 payable 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. 4. Pursuant to Section 6547 of the Bond Act, this Ordinance is subject to the provisions for referendum prescribed by Section 3751.7 of the Elections Code of the State of California. 5. The City Clerk shall certify to the enactment of this Ordinance and shall cause notice of the same to be published in accordance with Section 6040.1 of the Government Code of the State of California, for five (5) consecutive days within fifteen (15) days of its adoption, in the Anaheim Bulletin, a daily newspaper of general circulation, printed, published and circulated in the City, and sixty (60) days from and after its enactment, it shall take effect and be in full force, in the manner provided by law. 6 THE FOREGOING ORDINANCE is passed and approved by the City Council of the City of Anaheim this sixth _day,.,of tfVruary, 1979. ATTEST: c�;K�-A2dz� CITY aLERK OF -THE ITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF ANAHEIM ) I, LINDA:D. ROBERTS, City Clerk of the City of Anaheim, do hereby -certify that the foregoing Ordinance No. 3966 was introduced at a regular meeting of the City Council of'the City of Anaheim, held on the 30th day.of January, 1979, and that the'same was duly passed and adopted -at a.regular.meeting of said City Council held on' the' 6th day of February, 19791, . by. the.. following vote of the members thereof: AYES: COUNCIL MEMBERS:' Overholt, Kaywood, Kott, Roth znd 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. 3966 on the' -.6th day .of February, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and.affixed.the official seal of the City of Anaheim . thiel 6th -day of February, 197.9. CITY CL= OF THE CI F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 3966 and was published once in the Anaheim Bulletin on the 16th day of February, 1979.