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4309ORDINANCE NO. 4309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA APPROVING THE TERMS AND CON- DITIONS OF A PROJECT DEVELOPMENT AGREEMENT BETWEEN SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY AND THE CITY OF ANAHEIM, AND AUTHORIZING THE EXECUTION OF AND DELIVERY OF SAID AGREEMENT BY THE MAYOR AND THE CITY CLERK OF THE CITY OF ANAHEIM. WHEREAS, pursuant to the provisions of Chapter 5, Division 7, Title 1 of the Government Code of the State of California, as amended (the "Joint Powers Act"), the City of Anaheim 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 (the "Agreement") creating the Southern California Public Power Authority (the "Authority"), a public entity separate and apart from the Members; and WHEREAS, in accordance with the Agreement and the Joint Powers Act, the Authority has undertaken or will undertake to, among other things, incur preliminary costs, make (or cause to be made) studies and acquire (or cause to be acquired) options and permits ("Development Work") in connection with a project for the transmission of electric energy, which project (the "Project") is the Mead -Phoenix DC Intertie, a +/-500 KV DC transmission line with AC/DC converter stations at each end and related facilities, to be located in the States of Arizona and Nevada; and WHEREAS, the City of Anaheim desires to, among other things, participate in, and obtain the benefits of, such Develop- ment Work and to obtain the right of first refusal to output from the Project, and, as such, has determined that it is desirable and in the best interests of the customers of the electric system of the City of Anaheim to enter into a Project Development Agreement (the "Project Development Agreement") in the form submitted to this City Council. NOW, THEREFORE, the City Council of the City of Anaheim, California does ordain as follows: 1. The City Council hereby finds and determines that the terms and conditions of the Project Development Agreement be, and the same are hereby, approved; provided that upon execution thereof the Project Development Agreement will provide the City of Anaheim with an option to acquire 150 megawatts of transmission capacity. 2. The Mayor and City Clerk are authorized to execute and deliver the Project Development Agreement by and on behalf �^ of the City of Anaheim in substantially the form submitted to this meeting. 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 of Anaheim. 4. The 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 of California. 5. Thirty (30) days from and after its enactment, this Ordinance shall take effect and be in full force, in the manner provided by law. ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 23rd day of February , 1982. Attest: LINDA D. ROBERTS, CITE � �'� A- q( S Deputy City Clerk I, Leonora N. Sohl Deputy City Clerk of the City of Anaheim, hereby certify that the foregoing Ordinance was duly and regularly introduced at a meeting of the City Council on the 16th day of February , 1982 and that thereafter the said Ordinance --was duly and regularly adopted at a meeting of the City Council on the 23rd day of February , 1982, by the following vote, to wit: Ayes: Overholt, Kaywood, Bay and Seymour Noes: Roth Absent: None STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4309 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th day of February, 1982, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23rd day of February, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour NOES: COUNCIL MEMBERS: Roth ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4309 on the 23rd day of February, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of February, 1982. LINDA D. ROBERTS, CITY CLERK BY DEPUTY CITY CLERK (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4309 and was published once in the Anaheim Bulletin on the 5th day of March, 1982. LINDA D. ROBERTS, CITY CLERK BY --•+ DEPUTY CITY LERK