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Ordinance 2111CITY OF ALAMEDA ORDINANCE NO. 2111 New Series ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALAMEDA AUTHORIZING THE ISSUANCE OF PUBLIC POWER REVENUE BONDS BY NORTHERN CALIFORNIA POWER AGENCY (GEOTHERMAL GENERATING PROJECT NUMBER 3) 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 "Agree- ment"), 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 has entered or will enter into agreements to acquire and construct (or to cause to be acquired and con- structed) a project for the generation and transmission of electric energy consisting of two 55 megawatt geothermal generating units and related facilities, including transmission, proposed to be constructed in Sonoma and Lake Counties, State of California, and capital improvements thereto that may be constructed from time to time, and interests in certain other property and rights relating thereto, including, without limitation, such interest in the Agency's Geothermal Generating Project Number 2, as the Agency may determine (the "Project "); and WHEREAS, the Agency proposes to issue, in accordance with the Agreement and the Joint Powers Act, from time to time, in one or more installments, its - revenue bonds and evidences of indebtedness (including refunding bonds) ( "Public Power Revenue Bonds ") to be outstanding at any one time in accordance with their terms in the estimated maximum aggregate principal amount of $300,000,000, for the purpose of providing funds for the acquisition, construction and financing of the Project; and WHEREAS, the Agency also proposes to issue its notes and other evidences of indebtedness (including renewal notes) ( "Notes ") for the purpose of financing studies, the acquisition of options, permits, and other preliminary costs to be incurred prior to the undertaking of the construction or acquisition of the Project and for the purpose of providing temporary financ- ing of costs of acquisition and construction of the Project; and WHEREAS, notwithstanding the aforesaid estimated maximum aggregate principal amount of Public Power Revenue Bonds proposed to be issued by the Agency for the Project and to be outstanding at any one time in accordance with their terms, additional Public Power Revenue Bonds may be required to complete the financing of the Project; and WHEREAS, the Agency has entered or will enter into one or more agreements (the "Member Agreements ") with certain entities (including two or more of the Members), pursuant to which the entities entering into such Member Agreements with the Agency (the "Participants ") will, in the aggregate, purchase options and /or rights to purchase and /or receive 100% of the capacity and energy of the Project; and WHEREAS, the Public Power Revenue Bonds are to be payable from funds held in trust for the benefit of the holders of such Bonds and from revenues of the Agency from the Project, including payments to be made by the Participants under the Member Agree- ments; and WHEREAS, the Notes are to be payable from proceeds of renewal Notes and the proceeds of the Public Power Revenue Bonds and, to the extent not so paid, may be payable from revenues of the Agency from the Project, including payments to be made by the Participants under the Member Agreements; and WHEREAS, in accordance with the Joint Powers Act, the exercise by the Agency of its power to issue the Public Power Revenue Bonds is subject to the authorization of such issuance by the Members pursuant to Ordinance; and WHEREAS, neither the payment of principal of the Public Power Revenue Bonds nor any part thereof nor interest thereon shall constitute a debt, liability or obligation of the City of Alameda; nor does this Ordinance commit the City of Alameda to take or pay for any capacity or energy of the Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA as follows: 1. The issuance and sale by the Agency, from time to time, in one or more installments, of its Public Power Revenue Bonds outstanding at any one time in accordance with their terms in a maximum aggregate principal amount of $300,000,000 is hereby authorized. Notwithstanding such maximum aggregate principal amount, the Agency is hereby authorized to issue additional principal amounts of its Public Power Revenue Bonds if and to the extent required to complete the financing of the Project. -2- The proceeds from the sale of the Public Power Revenue Bonds hereby authorized are to be used for the acquisition, construc- tion and financing of the Project, including interest on such Bonds and deposits to reserves, and to pay the principal, premium, if any, and interest on the Notes of the Agency when due. The Public Power Revenue Bonds hereby authorized, and premium and interest thereon, are to be payable from, and secured by, funds held in trust for the benefit of the holders of Public Power Revenue Bonds and from revenues of the Agency from the Project, including payments received by the Agency from the Participants under the Member Agreements. 2. Pursuant to Section 6547 of the Joint Powers Act, this Ordinance is subject to the provisions for referendum pre- scribed 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 publishes in accordance with Section 6040.1 of the Government Code of the State of California. 4. Sixty (60) days from and after its enactment, this Ordinance shall take effect and be in full force, in the manner provided by law: THE FOREGOING ORDINANCE is approved, enacted and adopted ´┐Ży the City Council of the City of Alameda, this Z L,, day of 1982. CU X a: o c, Presidi f£icer of the Council Q Attest: City Clerk -3- t, Lite unuere iyneu, nereuy cer L I uidL Lite ror'eyu ing Ordinance was duly and regularly adopted and passed by the Council of the City of Alaeieda in regular meeting assembled on the 16th of November, 1982, by the following vote to wit: AYES: Councilmen Gorman, Sherratt, Stone and President Corica - 4. NOES: None. ABSENT: Councilman Diament - 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of November, 1982. 0 1 -Pill, Cft3rClerk f the C' y o- ameda