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4435ORDINANCE NO. 4435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR THE ACQUISITION OF CAPACITY AND A TRANSMISSION SERVICE CONTRACT; AND APPROVING THE ENTERING INTO OF SAID AGREEMENT AND CONTRACT. 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 (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 (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 proposes to enter into agreements to acquire rights to capacity in a project to provide for the transmis- sion of electrical energy, which project is to consist of a +/-500 RV DC transmission line from the generation station of the Intermountain Power Project to near Adelanto, California, together with associated facilities (the "Project"); and WHEREAS, the City has heretofore entered into a Power Sales Contract with Intermountain Power Agency pursuant to the terms of which the City has a right to capacity in the Project; 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 f or the City to assign its right to capacity in the Project to the Authority pursuant to an Agreement for the Acquisition of Capacity (the "Agreement for the Acquisition of Capacity") in sub- stantially the form submitted to this City Council and dated for con- venience as of May 1, 1983; 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 transmission service utilizing the Project, pursuant to a Transmission Service Contract (the "Transmission Service Contract") in substantially the form submitted to this City Council and dated for convenience as of May 1, 1983; and WHEREAS, payments by the City pursuant to the Transmission Service Contract will be used in part by the Authority for payment of principal of and interest on its bonds, notes or other evidences of indebtedness issued in connection with the acquisition of capacity rights in the Project; NOW, THEREFORE, the City Council of the City of Anaheim does ordain as follows: 1. The City Council hereby finds and determines that the terms and conditions of the Agreement for the Acquisition of Capacity in substantially the form submitted to this City Council be, and the same are hereby, approved. 2. The City is hereby authorized to enter into the Agreement for the Acquisition of Capacity, and the Mayor and City Clerk are hereby authorized to execute and deliver the Agreement for the Acquisition of Capacity by and on behalf of the City. 3. The City Council hereby finds and determines that the terms and conditions of the Transmission Service Contract (including the Transmission Service Share of the City set forth in Appendix B thereto) in substantially the form submitted to this City Council be, and the same are hereby, approved. 4. The City is hereby authorized to enter into the Transmission Service Contract, and the Mayor and City Clerk are hereby authorized to execute and deliver the Transmission Service Contract by and on behalf of the City. 5. 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. 6. 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 Cole of the State of California. 7. 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 and attested by 1983. Attest: by the City Council and signed by the Mayor the City Clerk this 31st day of May MAYOR OF THE CITY 0 ANAHEIM CITY EER--K-01F THE C OF ANAHEIM -2- 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. 4435 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 24th day of May, 1983, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 31st day of May, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay 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. 4435 on the 31st day of May, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 31st day of May, 1983. . C2�Z4 �- X_cz�� CITY CLERK OF THE CITY OF ANA IM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4435 and was published once in the Anaheim Bulletin on the 10th day of June, 1983. i d i -� W.I.'