4664ORDINANCE NO. 4x,64
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, APPROVING THE TERMSAND
CONDITIONS OF AN ASSIGNMENT AGREEMENT AND A
POWER SALES CONTRACT; AND APPROVING THE ENTERING
INTO OF SAID AGREEMENT AND CONTRACT.
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 (the "City") 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 City has received a proposed entitlement and
expects to enter into an agreement or agreements pursuant to which
the City will purchase from the United States a percentage entitle-
ment in the capacity of a project consisting of improvements made to
increase the capacity of existing generating equipment and appurte-
nances at the Hoover Power Plant as authorized by the Hoover Power
Plant Act of 1984 (98 Stat. 1333) (the "Project"); and
WHEREAS, in accordance with the Agreement and the Joint
Powers Act, the Authority has power to enter into agreements to
acquire rights to capacity in the Project from the City; and
WHEREAS, this City Council finds and determines that it is
in the best interests of the customers of the electric system of the
City for the City to assign its right to capacity in the Project to
the Authority pursuant to an assignment agreement; and
WHEREAS, in accordance with the Agreement and the Joint
Powers Act, the Authority has power to enter into agreements to sell
capacity in the Project to the City; and
WHEREAS, this City Council finds and determines that it is
in the best interests of the customers of the electric system of the
City for the City to contract with the Authority for capacity of the
Project, pursuant to a power sales contract; and
WHEREAS, payments by the City pursuant to the proposed
power sales contract will be used in part by the Authority for pay-
ment of principal of and interest on its bonds, notes or other evi-
dences of indebtedness issued to finance the acquisition of capacity
rights in the Project;
follows: NOW, THEREFORE, the City of Anaheim does ordain as
i.
1. The City Council hereby approves the terms and condi-
tions of the Assignment Agreement dated for convenience as of
November 1, 1985 submitted to this City Council. The City is hereby
authorized to enter into the Assignment Agreement, and the Mayor and
City Clerk are hereby authorized and directed to execute and deliver
the Assignment Agreement by and on behalf of the City, with such
changes, insertions and omissions as may be approved by the officer
executing the same, said execution being conclusive evidence of such
approval.
2. The City Council hereby approves the terms and condi-
tions of the Power Sales Contract (including the entitlements of the
City set forth in Appendix B thereto) dated for convenience as of
November 1, 1985 submitted to this City Council. The City is hereby
authorized to enter into the Power Sales Contract, and the Mayor and
City Clerk are hereby authorized and directed to execute and deliver
the Power Sales Contract by and on behalf of the City, with such
changes, insertions and omissions as may be approved by the officer
executing the same, said execution being conclusive evidence of such
approval.
3. 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.
4. The City Council shall certify to the enactment of this
Ordinance and shall cause this Ordinance to be published in accor-
dance with Section 54242 of the Government Code of the estate of
California.
5. Thirty (30) days from and after its enactment, this
Ordinance shall take effect and be in full force, in the manner pro-
vided by law.
ADOPTED by the City Council and signed by the Mayor and
atteste by the City Clerk this 5th day of November , 1985.
Attest:
CITY CLERK OF THE CLTY OF ANAHEIM
( SEAL)
-2-
MAYOR OF THE CITY OF ANAHEI
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. 4664 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 29th day of October, 1985,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 5th day of November, 1985, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4664 on the 5th day of November, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 5th day of November, 1985.
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 Ordinance No. 4664 and was published once in the
Anaheim Bulletin on the 15th day of November, 1985.
CITY CLERK