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Ordinance 2060CITY OF ALAMEDA ORDINANCE NO. 2060 New Series AUTHORIZING THE NORTHERN CALIFORNIA POWER AGENCY TO ISSUE REVENUE BONDS (NCPA PROJECT NO. 1 - DEVELOPMENT FUND BONDS) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1 . Northern California Power Agency organized under that certain Joint Powers Agreement to which this City is a party, dated July 19, 1968, as amended ( "NCPA ") is authorized pursuant to Section 6547 of the Government Code to issue bonds, notes, includ- ing bond anticipation notes, or other evidences of indebtedness (to be hereinafter referred to as "Development Fund Bonds ") to the full extent permitted by the provisions of Section 6540 et sect of the Government Code (the "Bond Act "). Section 2 . The project to be temporarily financed by the Development Fund Bonds hereby authorized is the purchase of the right to obtain electrical capacity produced by Northern California Municipal Power Corporation No. One, a nonprofit corporation (the "Corporation "), which has agreed to act on behalf of NCPA to conduct exploratory drilling for geothermal steam wells to be developed as the first step in the acquisition, construction, maintenance and operation of a power plant and other facilities and appurtenances necessary or convenient to such plant, including transmission lines and geothermal steam wells ( "Project ") (said geothermal steam to be produced from certain leasehold interests acquired by Corporation in Lake County, under an "Agreement for Sale and Purchase of Geothermal Leases" between NCPA, Corporation and the Trustee in Bankruptcy of Resource Funding Ltd, dated January 24, 1980 and approved by appropriate decree of the Bank- ruptcy Court). Section 3 . The estimated amount of Development Fund Bonds to be issued for the purposes described in Section 2 is Five Million Dollars ($5,000,000.00); provided that nothing herein shall be deemed to prevent the issuance of additional Development Fund Bonds to the extent such additional bonds are required to complete the temporary financing of the project described in Section 2 hereof, including the issuance of bond anticipation notes and refunding bonds therefor. Section 4 . The anticipated sources of revenue or other funds to pay the principal and interest on the Development Fund Bonds are payments under the Development Fund Agreement "NCPA Member Agreement for Participation in Electrical Power Develop- ment" entered into between the members of NCPA and NCPA on July 1, 1975, revised May 1, 1978, and amended April 26, 1979, or additional Development Fund Bonds (including additional Devel- opment Fund Bonds used for refunding purposes); provided further such sources shall also include the proceeds of project revenue Bonds payable from revenues for electricity generated from the project, separately authorized pursuant to Section 6547 of the Bond Act by subsequent ordinance for the purpose of permanent financing of the Project ( "Project Revenue Bonds ") or bond anti- cipation notes in anticipation of the Project Revenue Bonds; in -2- addition, such Development Fund Bonds may be secured by a uarantee, letter of credit or other obligations or funds of a bank or private financial institution. This Ordinance does not increase the City's obligation under said existing Development Fund Agreement which may only be increased by consent of the City hereafter. Section 5 . The cities of Palo Alto and Redding are not participants in the acquisition, construction, maintenance, operation or financing of the Project and nothing in this ordin- ance shall mean or be construed to mean that such cities have assumed or agreed to assume any financial or other responsibility or liability associated with the acquisition, construction, main- tenance, operation or financing of the Project. Section 6 . This ordinance is subject to the provisions for referendum prescribed by Section 3751.7 of the Elections Code of the State of California. Subject to the foregoing, this ordin- ance shall take effect and be in force sixty (60) days from the date of adoption. Section 7 . The City Clerk of the City is hereby directed to cause this ordinance to be published within fifteen (15) days after its adoption in a newspaper of general circulation within the City of Alameda and shall also do all of the things required to cause notice of the adoption of this ordinance to be published in the manner required by Section 6040.1 of the Government Code -3- d u_ cu _ O U i CL Lt- d of the State of California. Attest: City Clerk Presiding ficer of the Council -4- I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day of July, 1981 by the following vote to wit: AYES: Councilmen Oiament, Gorman, Sherratt, Stone, and President Corica - 5. NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of July, 1981. City City C � t i ty Alameda