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5414A ORDINANCE NO. 5414 AN ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA, APPROVING ENTERING INTO OF A LEASEBACK AGREEMENT (LENAIN FILTRATION PLANT) 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 replacement, construction and/or reconstruction of the City's Lenain Filtration Plant and related facilities, including additions and improvements thereto (the "Project"); and WHEREAS, the Authority and the City have determined that it is in the best interest of the Authority, the City and the citizens of the City to authorize the Authority's acquisition and construction of the Project and the City's purchase of such Project from the Authority pursuant to an Installment Purchase Agreement, dated as of January 1, 1994, by and between the City and the Authority (the "Installment Purchase Agreement"), pursuant to which the City will agrees to make certain purchase payments (the "Purchase Payments") in connection therewith; and WHEREAS, payments by the City pursuant to the Installment Purchase Agreement 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 replacement, construction and/or reconstruction of the Project. 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 a leaseback agreement, such leaseback agreement to be in the form of the Installment Purchase Agreement. 2. Pursuant to Section 54241 of the Government Code of the State of California and Section 1303 of the Charter of the City of Anaheim, this Ordinance is subject to the provisions for referendum applicable to the City as set forth in the Election Code of the State of California. 3. This City Clerk 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 LA01 \1080\11174.2 94601.21 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 aproved and adopted by the City Council of the City of Anaheim on this 71ct day of December 1993. MAYOR OF THE C TY OF,01AHEIM Attest: CITY CLERK OF THE CITY OF ANAHEIM 1A01 \1080\11174.2 2 94601.21 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. 5414 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of December, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 21st day of December, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson, Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5414 on the 21st day of December, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of December, 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. 5414 and was published once in the Anaheim Bulletin on the 30th day of December, 1993.