5969ORDINANCE NO. 596
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING
ENTERING INTO THE NATURAL GAS PROJECT GAS
SALES AGREEMENT (PROJECT A).
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 (collectively, the "Members") have entered into a Joint
Powers Agreement, as amended (the "Agreement"), creating` the Southern California
Public Power Authority ("SCPPA"), a public entity separate and apart from the Members.
WHEREAS, SCPPA and certain of its Members, to wit, the cities of Anaheim,
Colton, Glendale and Pasadena (the "Participants") have investigated the feasibility of the
acquisition and development of certain gas resources, reserves, fields, wells, and related
facilities in order to, among other things, provide a long-term supply of Natural Gas for
the purpose of fueling electrical generation needs of the Participants (the "Natural Gas
Project"). SCPPA and the Participants anticipate Natural Gas acquired from the Natural
Gas Project will be used in SCPPA's Magnolia Power Project, a natural gas-fired
generating facility with a nominally rated net base capacity of 242 megawatts located in
Burbank, California (the "Magnolia Project"). The Participants in Project A of the
Natural Gas Project are expected to consist of the Cities of Anaheim and Colton. The
Participants in Project B of the Natural Gas Project are expected to consist of the Cities of
Glendale and Pasadena.
WHEREAS, the City has need for stable long-term natural gas supplies to
satisfy the City's fuel needs, especially with respect to the Magnolia Project, and to assist
in meeting future fuel needs.
WHEREAS, the Council of the City of Anaheim finds and determines that it
is in the best interests of the City and its residents to purchase an entitlement share in the
Natural Gas Project pursuant to the Natural Gas Project Gas Sales Agreement (Project A)
between the City and SCPPA (the "Project A Gas Sales Agreement"), a form of which
has been submitted to this Council.
WHEREAS, in accordance with the Agreement and the Joint Powers Act,
SCPPA has the power to enter into the Project A Gas Sales Agreement.
WHEREAS, payments to be made under the Project A Gas Sales Agreement
will be used in part for payment of the principal of, premium, if any, and interest on
certain of the bonds, notes or other evidences of indebtedness issued by SCPPA to
finance a portion of the Natural Gas Project.
Anaheim: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
1. The Council hereby approves the entering into of the Natural Gas Sales
Agreement (Project A) by the City.
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.
3. The Council or the City Clerk shall certify to the enactment of this
Ordinance and cause this Ordinance to be published after adoption as required by law for
ordinances of the City generally.
4. Thirty days from and after its enactment, this Ordinance shall take effect
and be in full force, in the manner provided by law.
5. The City Council of the City of Anaheim declares that should any section,
paragraph, sentence or word of this Ordinance hereby adopted be declared for any reason
to be invalid, it is the intent of the Council that it would have passed all other portions of
this Ordinance independent of the elimination herefrom of any such portion as may be
declared invalid.
6. Neither the adoption of this ordinance nor the repeal or amendment of any
other ordinance of this City shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective date thereof, nor be
construed as a waiver of any tax, license or penalty or of the penal provisions applicable
to any violations thereof. The provisions of the ordinance, insofar as they are
substantially the same as ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and continuations, and not as
new enactments.
THE FOREGOING ORDINANCE was approved and adopted by the City
Council of the City of Anaheim this day of June , 2005 by the
following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: - None
ABSENT: None
ABSTAIN: None
CITY OF AHEiM
By
MAYOR OF THE CI O ANAHEIM
ATT T:
ITY CLE OPtHE CITY OF ANAHEIM
57727
a5,0T
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
June 16, 2005
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: June 16, 2005
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
ORDINANCE NO. 5969
This
AN ORDINANCE OF THE CITY OF ANAHEIM
APPROVING ENTERING INTO THE NATURAL GAS
PROJECT GAS SALES AGREEMENT (PROJECT A).
WHEREAS, pursuant to the provisions relating to the
gnt exercise of powers found In Chapter 5 of Division 7 of
e 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 (collectively, the
"Members") have entered into a Joint Powers Agreement,
as amended(the "Agreement"), creating the Southern Cali-
fornia Public Power Authority ( SCPPA"), a public entity sep-
arate and apart from the Members.
WHEREAS, SCPPA and certain of its Members, to wit,
Proof the cities of Anaheim, Colton, Glendale and Pasadena (the
"Participants") have investigated thefeasibtlity of the acquisk
tion and development of certain gas resources, reserves,
fields, wells, and related facilities in order to, among other
things, provide a long-term supply of Natural Gas for the
purpose of fueling, electricalneration needs of the Partick
pants (the "Natural Gas Project"). SCPPA and the Partici-
pants anticipate Natural Gas acquired from the Natural Gas
Project will be used In SCPPA's Magnolia Power Project, a
natural gas-fired generating facility with a nominally rated
net base capacity of 242 megawatts located in Burbank, Cal-
ifornia (the "Magnolia Project'). The Participants in Project
A of. the Natural Gas Project are expected to consist of the
Cities of Anaheim and Cohan. The Participants in Project B
of the Natural Gas Project are expected to consist of the Cit-
ies of Glendale and Pasadena.
- WHEREAS, the City has need for stable long-term natu-
ral gas supplies to satisfy the City's fuel needs, especially
with respect to the Magnolia Project, and to assist in meet-
ing future fuel needs.
WHEREAS, the Council of the City of Anaheim finds
and determines that it is in the best interests of the City and
Its residents to purchase an entitlement share in the Natural
Gas Project ursuant to the Natural Gas Project Gas Sales
Agreement roject A) the
the Ci and SCPPA the
"Project A as Sales Agreement"), a form of which has
been submitted to this Council.
WHEREAS, in accordance with the Agreement and the
Joint Powers Act, SCPPA has the power to enter into the
Project A Gas Sales Agreement.
WHEREAS, payments to be made under the Project A
Gas Sales Agreement will be used In part for payment of
theprincipal of, premium, if any, and interest on certain of
the bonds, notes or other evidences of indebtedness issued.
by SCPPA to finance a portion of the Natural Gas Project.
NOW, THEREFORE, BE IT ORDAINED by the Council
of the City of Anaheim:
1. The Council hereby approves the entering into of the
Natural Gas Sales Agreement (Project A) by the City.
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.
3. The Council or the City Clerk shall certify to the enact-
ment of this Ordinance and cause this Ordinance to be pub-
lished after adoption as required by law for ordinances of
the City generally.
4. Thirty days from and after its enactment, this Ordi-
nance shall take effect andbe in full force, in the manner
provided by law.
5. The City Council of the City of Anaheim declares that
should any section, paragraph, sentence or word of this Or-
�Ilnance hereby adopted be declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this Ordinance independent of
the elimination herefrom of any such portion as may be de -
6. Neither the adoption of this ordinance nor the repeal
amendment of any other ordinance of this City shall in
manner affect the prosecution for violations of ordinan-
which violations were committed prior to the effective
e thereof, nor be construed as a waiver of any tax, li-
ise or oenalty or of the penal provisions applicable to
lar as may are suosiarniarry me same as oramance provi-
sions previously adopted by the City relating to the same
subject matter, shall be construed as restatements and con-
tinuations,and not as new enactments,
THE FOREGOING ORDINANCE was introduced at a regular
meeting of the City Council of the City of Anaheim held on
the 24th Day of May,, 2005, and thereafter passed and
adopted at a.regular meeting of said City Council held on
the 7th Day.of June, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu,
Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
B�y' S/S Mayor Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
SIS Sheryll Schroeder
CITY CLERK OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin
June 16:2t1d56 d"c . 25.467