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HomeMy WebLinkAboutORD 3264·-e ORI-CINAL ORDINANCE NO. -l£~i- ORDINANCE OF THE COUNCIL OF THE CITY OP PALO ALTO AUTHORIZING THE NORTHERN CALIFORNIA POWER AGr..:NCY TO ISSUE REVENUE NOTES WHEREAS, by Ordinance No. 3191 of the City of Palo Alto, the Northern California Power Agency {"NCPAn), organized under that cer­ tain Joint Powers Agreement to which this City is a party, dated July 19, 1968, as amended, was authorized to issue revenue bonds, as pro­ vided in said Joint Powers Agreement, pursuant to the provisions of Article 2 (commencing with Section 6540)~ Chapter 5, Division 7, Title 1 of the Government Code of the State of California in an amount not to exceed Twenty-eight Million Dollars ($28,000,000) ("Bondsft), for the project described in said ordinance; The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. That the previous authorization of Bonds undec Sec­ tion ~~470't~the Government, Code shall hereby include in addition the authorization to issue notes or other evidences of indebtedness to the extent permitted o~ authorized by Sections 6547 and 6547.1 of the Government Code {"Notes~). Th~t the provisions of said ordinance with ~espect to the Bonds shall apply to the Notes authori~cd here­ under. SECTION 2. The project or studi~s or other preliminary cost to be fu·nae(J"(T0.3"1uding reimbursement) by the Notes hereby authoriz~d is the loaning of funds t.o Northern California Mu.nieipal Power Corporu~ tion No. Two, Non-Profit Corporation (the ncorporation"), for the purpose of acting on behalf of NCPA in the acquisition, construction, maintenance and operation of a power plant (using geothermal steam produced from certain leasehold interests of Shell Oil Company in Sonoma County, California, and provided to NCPA pursuant to ~ geo­ thermal steam sales agreement dated as of June 27, 1977, aR amended), and other facilities and appurtenances necessa~y or convenient to such plant, including transmission lines. SECTION 3. The maximum amount of Notes to be issued for the purpo"'Sesdescribed in Section 2. shall not exceed Twenty-eight Mi 11 ion Dollars ($28,000,000)~ the same as the amount of the Bonds. SECTION 4. The anticipated sources of revenue or other funds to pay the prfncfpal and interest of the Notes are loan repayments t.o be made by t,he Corporat. ion to NCPA I.Hider an appropriate loan agreement and to be derived from the sale of power produced by the plant refer­ red to in Section 2 hereof and any payments made by certain NCPA mem­ bers pursuant to Section S(b) of the "Member Agreement For The Con­ struction, Operation and ~·i nancing of NCPA Geothermal Generating Unit Project 12" as may from tima to time be amended; provided, further, such sou~ces shall also include the proca~ds of revenue bonds includ­ ing the Bonds, or renewal of the Notes; in addition such Notes may be secured by a guaranty, letter of credit or other obligations or funds of a bank or private financial institution. §_f!CTION 5. The Cities of Palo Alto, Redding, and Biggs are not pa-r·ticlpants fn the acquisition, construction, maintenance, <:>pera­ tion, or financing of the plant referred to in the recitals hereof and nothing in this ordinance shall ~ean or be construed to mean th~t the City of Palo Alto, the City of kedding, or the City of Biggs has assumed o~ agreed to assume any financial or other responsibility or liability associated with the acquisition, construction, maintenance, operation, or financing of such plant. SECTION 6. This refe·r:endum prescribed State of California. take effect and be in tion. ordinance is subject to the provisions for by Section 3751.7 of the Elections Code of the Subject to the foregoing, this ordinance shall force sixty (60) days from the date of adop- ~. • • SECTION 7. The City Clerk of the City is h~reby directed to causethlS ordinance to be published Within fifteen (15) days after its adoption in a newspaper of general circulation within the City of Palo Alto and shall also do all other things required to cause notice of the adoption of this ordinance to be published in the manner re­ quired by Section 6040.1 of the Government Code of the State of Californ.ta. INTRODUCED: February 2 s 1981 PASSED: Februar,y· 23, 1981 AYES: Bechtel, Eyerlyt Fazzino, F'letrhet·~ Henderson, Levy, Renzel, Witherspoon NOES: None ABSTENTIONS: None ABSENT: None