Loading...
Ordinance 2090ORDINANCE 2090 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AiAwnA AUTHORIZING THE ISSUANCE OF REFUNDING BONDS BY THE NORTHERN CALIFORNIA POWER AGENCY (RFL GEOTHERMAL PROJECT). 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 Alameda 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 Northern California Power Agency (the "Agency "), a public entity separate and apart from the Members; and WHEREAS, in accordance with the Agreement and the Joint Powers Act, the Agency and certain of the Members (hereinafter called the "Participating Members ") have entered into the NCPA M,_mber Agreement for Participation in Electric Power Development Fund (the "Development Fund Agreement "), dated July 1, 1975, revised May 1, 1978 and amended April 26, 1979, wherein each Participating P +e-:ber has agreed to make payments from its electric department reverses, except Plumas- Sierra Rural Electric Cooperative which shall pay from any available funds, for certain Development Costs (as defined in the Development Fund Agreement), incurred by the Agency in developing a revenue - producing system for the generation, production.and transmis- sion of electric energy for lighting, heating and power for public and private uses; and WHEREAS, the Agency has caused the Northern California Municipal Power Corporation No. 1 (the "NCDUPC No. 1 "), a California not for profit corporation to be formed to act on behalf of the Agency to finance, among other things, interim development costs relating to a geothermal power plant in Lake County, California, the output of which plant was to be furnished to the Agency by the NCMPC No. 1; and WHEREAS, pursuant to a Loan Agreement (the "Loan Agreement ") dated as of June 29, 1979 with the Bank of P;antreal (California) (the "BOM "), the NCMPC No. 1 could borrow at an- one time not exceeding $2,335,000 (the "BOM Loan "), of which, :a of March 1, 1982, approximately $1,635,500 remained unpaid, on a to: -,ble basis, primarily to pay interim development costs for said rower plant; and WHEREAS, in order to secure the BOM Loan, the Ac:ncy assigned its rights to receive certain payments under the Develc!:ient Fund Agreement to the'BOM pursuant to a Security Agreement, dated as of June 29, 1979 (the "Security A reement ") between the Agency and the BOM. and granted a present and future first security interest in and assigned to the BOM the rights to such payments; and WHEREAS, pursuant to Section 6576 of the Joint Powers Act, the Agency may provide for the issuance and sale of refunding ronds for the purpose of redeeming or retiring any revenue bonds or other evidence of indebtedness incurred by it; and WHEREAS, the Agency proposes to issue not exceeding $3,000,000 principal amount of its( revenue, bonds (the "Bonds")•,pursu- ant to said Section 6576 for the purpose of retiring its indebtedness to the BOM under the Security Agreement so as to provide for the pay- ment of the indebtedness of the NCMPC No. 1 under the BOM Loan; and WHEREAS, the Agency proposes to issue from time to time its renewal revenue bonds (the "Renewal Bonds ") pursuant to said Section 6576, in a principal amount to be outstanding at any one time (in accordance with their terms) not to exceed $3,000,000, the pro- ceeds of the first issuance of such Renewal Bonds to provide funds for the payment and retirement of the Bonds and the proceeds of each later issuance of such Renewal Bonds to provide funds for the payment and retirement of Renewal Bonds theretofore outstanding; and WHEREAS, the anticipated source of reveryue or other funds to pay the principal of and interest on the Bonds,�to the extent not paid from proceeds of Renewal 'Bonds, is payments of the Participating FiemDers under the Development Fund Agreement; and WHEREAS, the anticipated source of revenue or other funds to pay the principal of and interest on the Renewal Bonds, to the extent not paid from proceeds of subsequent Renewal Bonds, is pay- ments of the Participating Members under the Development Fund Agreement; and WHEREAS, in accordance with the Joint Power Act, the exer- cise by the Agency of its power to issue the Bonds and the Renewal Bonds)is subject to the authorization of such issuance by the Members pursuant to ordinance; and WHEREAS, neither the payment of principal of the Bonds or the Renewal Bonds nor any part thereof nor interest thereon shall constitute a debt; liability or obligation of the City of Alameda NOW, THEREFORE, the City Council of the City of Alm does ordain as follows: 1. The issuance and sale by the Agency of the Bo.-73 is hereby authorized. The proceeds from the sale of the Bonds hereby authorized are to be used to retire the indebtedness of the Ager-y to the BOM under the Security Agreement so as to provide for the P : ment of the BOM Loan. The Bonds, premium, if any, and interest the =eon, to the extent not paid from proceeds of Revenue Bonds, are to be pay- able from payments of Participating Members under the Development Fund Agreement. 2. The issuance and sale by the Agency of the Renewal Bonds is hereby separately authorized. The proceeds of the sale of the Renewal Bonds are to be used to retire Bonds or Renewal Bonds. The Renewal Bonds, premium, if any, and interest thereon, to the extent not paid from the proceeds of subsequent Renewal Bonds, are to be payable from payments of Participating Members under the Development Fund Agreement. 3. 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. 4. 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. 5. Sixty (60) days from and after its enactment, this ordinance shall take effect and be in full force, in the manner pro- vided by law. THE FOREGOING ORDINANCE is approved, enacted and adopted by the City Council of the City of Alameda , this 20th day of April , 1982. ATTES • X C ) �j p �U ca. 4 I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the 20th day of April, 1982, by the following vote, to wit: AYES: Councilmen Diament, 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 21st day of April, 1982. City Clerk of the r fy ofd ahteda