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HomeMy WebLinkAboutORD 3298• ORIGINAL ORDINANCE NO. 3298 ORDINANCE 0!-' THE COUNCIL Or' TH~~··c~f•ry OF PM.JO ALTO AUTHORIZING THE NORTHERN CALIFORNIA POWER AGENCY TO ISSU~ RBVENUE BONDS (SHELL EAST BLOCK PROJECT - SECOND Pf!ASE HONDS) The Council of the <:ity of Palo Alto does ORDAIN as follows: SECTION 1. Northern California Power Agency organized under that ~tainSoint Powers Agreement to which this City is ,~ party, dated July 19, 1968, as amended ("NCPAn) is authorized pursuant to Section 6547 of the Government Code to issue bonds, notes, including bond anticipation notes, or other evidences of indebtedness (to be hereinafter referred to as ~second Phase Bonds") to the full extent pE-rmitted by the provisions of Section 6540 et ~9,~ of the Government Cod12 (the .. Bond Act M}. SECTJC':N 2. The project. to be temporar~ily financed by the Second Ph,'l.se Bon(is~ht;t-eby authm:ized is the purchase of the r.iqht to obtain ~:1ectJic~l cauacit.y produced by ~orther-n Califr:n:rda Municipal Power Curp·JJ.'.Jtiun ~:o, Tr·!ree, non.pt·ofit ccr:poration (the HCot·poration"), 'l'lrn c n h c<> '~(l r·,:c,':i tc> act nn beha 1 f of N CPA to ca n·:y out. the acqu is i­ tionf cn;1stTuctionf maintenance, and operation of a power plant and other faciliti;::s and app!l!:'ten.)nces necessary or convenient to such plant, includin·~ t:ransm'ission .Lines and t_Jeothe:rmal st(~am wells ("Pro­ ject'~) (said q·~other:mal steam to be p~~oducf1d from certain leasehold i n~>:'t-~7SU.> i :1 Sonom . .;;. County 1 Wlch::c a "NCPA EAS'l' BLOCK GE:O'l'HE:RMA.L S'rEAM SI\Lr~::; Al;Ru·:~1r>~iT" beLv;een NCPA and Shell Oi 1 Company, dated as of S <:: p t <:' rn b r~ r. 1 5 1 1 9 8 0 ,, SECTION 3. The estimated amount of Second Phase Bonds to be issued for the purposes described in Section 2 is Five Million Five Hundred Thousand Dollars ($5,500,000); p~ovided that nothing herein shall be deemed to prevent the issuance of additional Second Phase Ronds to the extent such additional bonds a~e required to complete the temporary financing of the project described in Section 2 hereof including the issuar.ce of bond anticipation rates and refunding bonds ther-efor. SECTION 4. The anticipated sources of reqenue oc other funds to pay the pr1ncfpal and interest on the Second Phase Bonds are payments under the -Memher Agreement (Second Phase) for Financing or Planning and Development Activities of the Shell East Block Geothermal Pro­ ject" entered into between the members of NCPA and NCPA n.s of June 1, 1981 , or addition a 1 Second Pha~e Bonds ( i ncud i'~q SP. cond Phase Bonds used for refunding purposes); prov idea further i:H!C!.I sources sha 11 also include the proceeds of Third Phelse Bond~ payai,le 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 ("Third Phase Bonds") or bond anticipation notes in anticipation of the Third Phase Bonds; in addition, such Second Phase Bonds may be secured by a guar­ antee, letter of credit or other obligations or funds of a bank or private financial institution. SECTION 5. In the event that the City of Palo Alto elects not to ente"i?' 1nto the 11 Member Agreement. (Second Phase) for Financing of Planning and Development Activities of the Shell East Block Geo­ thermal Project," the City of Palo Alto ehall not be deemed a partic­ ipant in the acquisition, construction, maintenance, ope~ation or financing of the plant referred to above and shall not assume noc be deemed to have assumed any financial or other responsibility or lia­ bility associated with the acquisition, construction, maintenance, operation, or financing of such plant. SECTION 6. 'fhis erendum pr<i'Seribed by State of Californid. take effect and be in t ion. • o r: d i n a. n c e i ~> s u b j e c t t o Uw p r o v i f:l i o n s f or .r e f - Section 37.5i. 7 of the l·:lecti.ons Code of the Subject to the foregoing, this ordinance shall fore~ sixty (60) days from the date of adop- SE~TIQ..N_?.· The City Clerk is hereby directed to cause this ordinance to b0 published with~n fifteen (15) days after its adoption in the newspaper of general circulation within the City of Palo Alto an~ shall also do ~11 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 of the State of California. I WrRODllC ED: AU9USt 10, 1981 PASSED~ :\"uqust: 2~\, 1981 AYES: BcchUd, Byerly,. Fazzino, Fletcher, Klein, llcnderson, Renzel ~·; i thc.t: spoon NOES: :,~,:!::':' Af?PROVED: