6118ORDINANCE NO. 6118
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING
THE EXECUTION AND DELIVERY OF THE CANYON
POWER PROJECT POWER SALES AGREEMENT.
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 (the "Authority"), a
public entity separate and apart from the Members; and
WHEREAS, the Authority has and will enter into contracts to provide, for the
benefit of the City, for the construction, acquisition and operation of the Canyon Power Project,
a natural gas-fired generating facility and associated facilities to be owned by the Authority and
to be located in the City (the "Canyon Power Project"); and
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 the capacity and energy from the
Canyon Power Project pursuant to the Canyon Power Project Power Sales Agreement between
the City and the Authority (the "Power Sales Agreement"), a form of which has been submitted
to this Council; .and
WHEREAS, in accordance with the Agreement and the Joint Powers Act, the
Authority has the power to enter into the Power Sales Agreement to sell the capacity and energy
of the Canyon Power Project to the City; and
WHEREAS, payments by the City pursuant to the Power Sales Agreement will be
used in part for payment of the principal of, premium, if any, and interest on certain bonds, notes
or other evidences of indebtedness issued by the Authority to finance the construction and
acquisition of the Canyon Power Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
The City Council hereby approves the entering into of the Power Sales
Agreement by the City.
Section 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.
Section 3.
The City Clerk shall certify to the enactment of this Ordinance and shall cause
this Ordinance to be published after adoption as required by law for ordinances of
the City generally.
Section 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.
Section 5.
Neither the adoption of this Ordinance nor the repeal 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 hereof, nor be
construed as a waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this 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.
Section 6.
This Ordinance shall become operative on its effective date.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 14th day of October , 2008, and
thereafter passed and adopted at a regular meeting of said City Council held on the 28th day of
october , 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CITY OF ANAHEIM
d"6�A
MAYOR OF THE C O ANAHEIM
ATTEST:
CITY CLERK OF THE crry OF ANAHEIM
70052.3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the
foregoing Ordinance No. 6118 was introduced at a regular meeting of the City Council of the
City of Anaheim, held on the 14th day of October , 2008, and that the same was duly
passed and adopted at a regular meeting of said City Council held on the 28th day of October
2008, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Mayor Pringle, Council Members Hernandez, Sidhu
Galloway, Kring
NOES : COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
70052.3
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:
November 6, 2008
"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: November 6, 2008
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
DINANCE NO. 6118
AN ORDINANCE OF THE CITY OF ANAHEIM AP-
PROVING THE EXECUTION AND DELIVEF-W..OF
THE CANYON' POWER PROJECT, P41AeR
SALES AGREEMENT.
WHEREAS, pursuant to the provisions relating to the
)of it exercise of powers found in Chapter 5 of Division 7 of
Title 1 of the Govemment Cod. of the State of California, as
amended (the AJoint Powers Act@), the City of Anaheim
(the ACity@) and certain other public agencies (collectively,
the AMembers@) have entered into a Joint Powers Agree -
merit, as amended Me AAgreement@), creating the South -
Proof i ern California Public Power Authority (the AAuthorily@), a
public entity separate and apart from the Members; and
WHEREAS, the Authority has and will enter into con-
tracts to provide, for the benefit of the City, for the construc-
tion, acquisition and operation of the Canyon Power Project,
a natural gas fired generating facility and associated facili-
ties to be owned by the Authority and to be located in the
City (the ACanyon Power Project@); and
WHEREAS, the Council of the City of Ana i" n finds
and determines that it is in the best interests of the City and
its residents to eurchase the capacity and energy from the
Canyon Power fOjeat pursuant to the Canyon Power Proj-
ect Power Sales Agreement between the City and the Au-
thority (the APower Sales Agreement@), a form of which
has been submitted to this Council; and
WHEREAS, in accordance with the Agreement and the
Joint Powers Act, the Authority has the power to enter into
the Power Sales Agreement to sell the capacity and energy
of the Canyon Power Project to the City; and
WHEREAS, payments by the City pursuant to the Pow-
er Sales Agreement will be
used in part for payment of the principal of, premium, if any,
and interest on certain bonds, notes or other evidences of
indebtedness issued by the Authority to finance the con-
struction and acquisition of the Canyon Power Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
The City Council hereby approves the entering into of
the Power Sales Agreement by the City. .
Section 2.
Pursuant to Section 54241 of the Government Code of
the State of Calffomia, this Ordinance is subject to the "
provisions for referendum applicable to the City.
Section 3.
The City Clark shall certify to the enactment of this Or-
dinance and shall cause this Ordinance to be publish-
ed after adoption as required by law for ordinances of
the City generally.
Section 4.
Thirty (30) days from and after its enactment; this Ordi-
nance shall take effect and be in full force, in the man-
ner provided by law.
Section 5.
Neither the adoption of this Ordinance nor the repeal
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 hereof, nor be construed as a waiver of any li-
cense or penally or the penal provisions applicable to
any violation thereof. The provisions of this Ordi-
nance, insofar as they are substantially tR,,ratwne as
ordinance previsions previously adopted by the City
relatingg to the so
subject matter, shall be construed
as restatemwris and continuations, and not as new,
enactments.
Section 6.
This Ordinance shall become operative on its effective
date.
THE FOREGOING ORDINANCE was introduced at a
re�ular meeting of the City Council of the City of Anaheim
hold
on the 14th day of October, 2008, and thereafter
passed and adopted at a regular meeting of said City Coun-
cil held on the 28th day of October, 2008, by the following
roll call vote:
AYES:
Mayyoor Pringle, Council Members Hernandez,
Sig -,r, Galloway, Kring
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
/s/ Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
/S/ Linda N.
Anda]
CITY CLERK OF THE CITY OF ANAHEIM
Publish Anaheim Bulletin November 6. 2008 9006353