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HomeMy WebLinkAboutOrdinance No. 2285 ORDINANCE NO . 2285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE ISSUANCE OF NOTES BY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY WHEREAS , pursuant to the provisions relating to the joint exercise of powers found in Chapter 5 of Divison 7 of Title 1 of the Government Code of the State of California , as amended (the "Joint Powers Act") , the City of Azusa 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 , in accordance with the Agreement and the Joint Powers Act , the Authority has entered or will enter into agree- ments to acquire rights to capacity in a project consisting of the uprating of the electric generators of the Hoover Power Plant at the Hoover Dam (the "Project") ; and WHEREAS , the Authority proposes to issue , in accordance with the Agreement and the Joint Powers Act , from time to time , in one or more installments , its notes and other evidences of indebtedness (including renewal notes) (the "Notes" ) to be out- standing at any one time in accordance with their terms in the estimated maximum aggregate principal amount of $30 ,000 ,000 , each to mature within ten years from the date of issuance thereof , for the purpose of temporary financing of the acquisition of such capacity rights in the Project ; and WHEREAS , the Authority proposes to issue its revenue bonds and other evidences of indebtedness (the "Acquisition Bonds" ) for the purpose of providing funds for the acquisition of such capacity rights in the Project ; and WHEREAS , the Authority has entered or will enter into agreements (the "Power Sales Contracts") with two or more of the Members , pursuant to which the Members entering into such Power Sales Contracts (the "Project Participants" ) will purchase from the Authority a percentage entitlement in the capacity of the Project ; and WHEREAS , the Notes are to be renewable from time to time and payable from proceeds of the Acquisition Bonds and , to the extent not so paid , may be payable from revenues of the Authority from the acquisition of capacity rights in the Project , including payments to be made by the Project Participants under the Power Sales Contracts ; and WHEREAS , in accordance with the Joint Powers Act , the exercise by the Authority of its power to issue the Notes is subject to the authorization of such issuance by its Members pursuant to Ordinance ; and WHEREAS , neither the payment of principal of the Notes nor any part thereof nor interest thereon shall constitute a debt , liability or obligation of the City of Azusa ; and WHEREAS , this City Council has determined that the acquisition of capacity rights in the Project by the Authority is appropriate to assist the Project Participants to meet the future power needs of their customers for electric energy ; and WHEREAS , this City Council has authorized by Ordinance the issuance and sale by the Authority of its Acquisition Bonds , the proceeds from the sale of which are to be used for the acquisition of capacity rights in the Project , including interest on such Acquisition Bonds and deposits to reserves , and to pay the principal , premium, if any , and interest on the Notes authorized by this Ordinance when due . NOW , r?ritREFORE , the City Council of the City of Azusa does ordain as follows : 1 . The issuance and sale by the Authority from time to time , in one or more installments , of its Notes for the purpose of temporary financing of the acquisition of capacity rights in the Project , out- standing at any one time in accordance with their terms in a maximum aggregate principal amount of $30, 000 ,000 is hereby authorized . Notwithstanding , such maximum aggregate principal amount , the Authority is hereby authorized to issue additional principal amounts of Notes if and to the extent required to complete the financing of the acquisition of capacity rights in the Project . The proceeds from the sale of the Notes hereby authorized are to be used for the financing of the acquisition of capacity rights in the Project , including interest on the Notes . The Notes hereby authorized are to be renewable from time to time and such Notes , and premium, if any , and interest thereon , are to be payable from proceeds of Acquisition Bonds of the Authority and , to the extent not so paid , may be payable from revenues of the Authority from the acquisition of capacity rights in the Project including payments received by the Authority from the Project Participants under the Power Sales Contracts . 2 . Pursuant to Section 6547 of the Joint Powers Act , this Ordinance is subject to the provisions for referendum prescribed by Section 3751 . 7 of the Elections Code of the State of California . 3 . The City Clerk shall certify to the enactment of this Ordinance and shall cause notice of the same to be published in accordance with Section 6040 . 1 of the Government Code of the State of California for five (5) consecutive days within fifteen ( 15) days of its enactment , in the San Gabriel Valley Tribune , a daily newspaper of general circulation , published in the East San Gabriel Valley and sixty (60) days from and after its enactment it shall take effect and be in full force , in the manner provided by law. ADOPTED and APPROVED this 30th day of September , 1985 . erg, A ..1)1052100 MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS . CITY OF AZUSA ) I , ADOLPH A . SOLIS , City Clerk of the City of Azusa , do hereby certify that the foregoing Ordinance No . 2285 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 16th day of September 1985 . That , thereafter , said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 30th day of September , 1985 , by the following vote to wit : AYES : COUNCILMEN : CRUZ, COOK, CAMARENA, LATTA, MOSES NOES : COUNCILMEN : NONE ABSENT: COUNCILMEN : NONE / f ' CITY CLERK