Loading...
HomeMy WebLinkAboutAgenda Report - April 21, 1982 (31)ORDINANCE RE ORDINANCE NO. 1255 - An ordinance of the City Council ISSUANCE OF REFUND- of the City of Lodi authorizing the Issuance of Refunding ING BONDS BY NCPA Bonds by the Northern California Power Agency (RFL Geothermal Project) as amended having been introduced at a regular meeting of the Council held March 17. 1982 was brought up for passage after reading by title. On motion of Mayor Pro Tempore Murphy. Snider second, -7- 17I Contin ted April 21, 1982 ORDINANCE. NO. the Ordinance was then adopted and ordered to print 1255 ADOPTED by the following vote: Ayes: Councilmember - Murphy. Olson, Snider and Re id Noes: Counci me mbe r - Pinkerton Absent: Councilrnember - None ADOPTION OF With the tacit concurrence of the City Council, adoption ORDINANCE NO. of Ordinance No. 1255 - Ordinance of the City Council 1255 DEFERRED of the City of Lodi authorizing the issuance of refunding bonds by the Northern California Power Agency (RFL Geothermal Project) was deferred. ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF REFUNDING BONDS BY THE NORTHERN CALIFORNIA POWER AGENCY (RFL GEOTHERMIAL PROJECT) . WHEREAS, pursuant to the provisions of Chapter 5, Division 7, Title l of the Government Code of the State of California, as amended (the "Joint Powers Act"), the City of 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 Member 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 ME.�ber has agreed to make payments from its electric department revenues, except Plumas-S-ierra 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 "NCMPC No. 1"), a California not for prof it 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 Montreal (California) (the "BOM"), the NCMPC No. 1 could borrow at any one time not exceeding $2,335,000 (the "BOM Loan"), of which, as of March 1, 1982, approximately $1,635,500 remained unpaid, on a taxable basis, primarily to pay interim development costs for said power plant; and WHEREAS, in order to secure the BOM Loan, the Agency assigned its rights to receive certain payments under the Development Fund Agreement to the BOM pursuant to a Security Agreement, dated as _ of June 29, 1979 (the "Security Agreement") 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 t WHEREAS, pursuant to Section 6576 of the Joint Powers Act, the Agency may provide for the issuance and sale of refunding bonds 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 $3000,000 principal amount of its revenue bonds (the "Bonds") pursu- ant to said Section 6576 for the purpose of retiring its indebtedness to the B014 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 IM EREAS, 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 palment and retirement of Renewal Bonds theretofore outstanding; and h.'HEREAS, the anticipated source of revenue or other funds to pay the principal of and interest on the Bonds, to the extent not paid from proceeds of .R� e�w Bonds, is payments of the Participating Members 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 Powers 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 ; NOW, THEREFORE, the City Council of the City of does ordain as follows: 1 The issuance and sale by the Agency of the Bonds is hereby authorized. The proceeds from the sale of the Bonds hereby authorized are to be used to retire the indebtedness of the Agency to the BOM under the Security Agreement so as to provide for the payment of the BOM Loan. The Bonds, premium, if any, and interest thereon, 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. f 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 , this clay of _ , 1982. ATTEST: NOTICE OF ORDINANCE SUBJECT TO REFERENDUM CITY OF LODI ORDINANCE NO. 1255 ADOPTED BY THE CITY COUNCIL OF THE CITY OF LODI ON APRIL 21, 1982 NOTICE IS HEREBY GIVEN as required by Section 6040.1 of the Government Code of the State of California that at a regular meeting of the City Council of the City of Lodi (the "City Council"), held on April 21, 1982, Ordinance No. 1255 (the "Ordinance") was adopted. The title and a summary of the Ordinance are set forth below. The Ordinance is subject to the provisions for referendum prescribed by Section 3751.7 of the Elections Code of the State of California and shall not take effect for 60 days from the date of adoption, as discussed below. T I T L E ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AUTHORIZING THE ISSUANCE OF REFUND7'NG. BONDS BY NORTHERN CALIFORNIA POWER AGENLY (RFL GEOTHERMAL PROJECT) S U M M A R Y Pursuant to the Ordinance, the City Council has authorized the issuance and sale by Northern California Power Agency (the "Agency") of its revenue bonds (the "Bonds"), to mature not later than 30 years from the date of issue, to be issued in an aggregate principal amount of not exceeding $3,000,000 and to bear, interest at a probable overall rate of not exceeding 12% per annum. The actual interest rates on the Bonds or the method of determining such rates will be determined by the Commission of the Agency in accordance with law at or prior to the time of issuance of the Bonds. Pursuant to the Ordinance, the City Council has separately authorized the issuance and sale by the Agency of its renewal revenue bonds (the "Renewal Bonds"), to mature not later than 30 years from the date of issue, to be issued in an aggregate principal amount to be outstanding at any one time (in accordance with their terms) not to exceed $3,000,000 and -1- to bear interest at a probable overall rate of not exceeding 128 per annum. The actual interest rates on the Renewal Bonds or the method of determining such rates will be determined by the Commission of the Agency in accordance with law at or prior to the time of issuance of the Renewal Bonds. Council Member Olson, Murphy, Snider and Reid voted in favor of the Ordinance. Council Member Pinkerton voted against the Ordinance. The Agency was created pursuant to a Joint Powers Agreement, as amended (the "Agreement"), heretofore entered into between the City of Lodi and certain other public agencies created pursuant to the laws of the State of California (collectively, the "Members") 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 Agency is a public entity separate and apart from the Members. In accordance with the Joint Powers Act and the Agreement, the Agency and certain of the Members (the "Participating Members") have entered into the NCPA Member 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 Member has agreed to make payments from\its electric department revenues, except Plumas-Sierra Rural Electric Cooperative which shall pap 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 transmission of electric energy for lighting, heating and power for public and private uses. The Agency has caused the Northern California Municipal Power Corporation No. 1 (the "NCMPC 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 -2- power plant in Lake County, California, the output of which plant was to be furnished to the Agency by the NCMPC No. 1. Pursuant to a Loan Agreement (the "Loan Agreement") dated as of June 29, 1979 with the Bank of Montreal (California) (the "BOM"), the NCMPC No. 1 could borrow at any one time not exceeding $2,335,000 (the "BOM Loan"), of which, as of March 1, 1982, approximately $1,635,500 remained unpaid, on a taxable basis, primarily to pay interim development costs for said power plant. In order to secure the BOM Loan, the Agency assigned its rights to receive certain payments under the Development Fund Agreement to the BOM pursuant to a Security Agreement, dated as of June 29, 1979 (the "Security Agreement") 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. Pursuant to Section 6576 of the Joint Powers Act, the Agency may provide for the issuance and sale of bonds for the purpose of redeeming or retiring any revenue bonds or other evidence of indebtedness incurred by it. The Agency p-oposes to issue, in accordance with the Agreement and the Joint Powers Act, the bonds to provide funds for the purpose of retiring its indebtedness to the BOM under the Security Agreement so as to provide for the payment of the indebtedness of the NCMPC No. 1 under the BOM Loan. The Bonds, to the extent not paid from the proceeds of Renewal Bonds, are to be payable from payments of the Participating Members under the Development Fund Agreement. The Agency proposes to issue, in accordance with the Agreement and the Joint Powers Act, the Renewal Bonds, the proceeds of the first issuance of which would provide funds for the payment and retirement of the Bonds and the proceeds of each later issuance of which would provide funds for the payment and retirement of Renewal Bonds theretofore outstanding. The Renewal Bonds, to the extent not paid from CRI: r --y the proceeds of subsequent Renewal Bonds, are to be payable from payments of the Participating Members under the Development Fund Agreement. Neither the payment of principal of the bonds or the Renewal Bonds nor any part thereof nor interest thereon will constitute a debt, liability or obligation of the City of Lodi. THE ORDINANCE AUTHORIZING THE ISSUANCE OF THE BONDS AND THE RENEWAL BONDS IS SUBJECT TO REFERENDUM. UPON PRESENTATION (WITHIN THE TIME PERIOD SPECIFIED BY LAW) OF A PETITION (BEARING SIGNATURES, IN AT LEAST THE NUMBER REQUIRED BY THE LAW) PROTESTING AGAINST THE ADOPTION OF THE ORDINANCE, THE CITY COUNCIL IS REQUIRED TO RECONSIDER THE ORDINANCE. THEREUPON, IF THE CITY COUNCIL DOES NOT ENTIRELY REPEAL THE ORDINANCE, THE ORDINANCE SHALL BE SUBMITTED (UNDER BALLOT WORDING PRESCRIBED BY LAW') TO THE VOTERS AT A REGULAR OR SPECIAL ELECTION AND THE ORDINANCE SHALL NOT BECOME EFFECTIVE UNTIL A MAJORITY OF THE VOTERS VOTING ON TiE ORDfiNANCE- VOTE IN FAVOR OF IT. THE FOREGOING DESCRIPTION OF THE PROCEDURES FOR REFERENDUM IS BASED UPON THE APPLICABLE REFERENDUM PROVISIONS OF THE CALIFORNIA ELECTIONS CODE AND THE CALIFORNIA GOVERNMENT CODE. REFERENCE IS MADE TO THE CALIFORNIA ELECTIONS CODE AND THE CALIFORNIA GOVERNMENT CODE FOR A COMPLETE STATEMENT OF SUCH PROVISIONS. Alice M. Reimche City Clerk -4- i ORDINANCE NO. 1255 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI 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 Lodi 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 Member Agreement for Participation in Electric Power Development Fund (the "Development Fund Agreement"), dated July 1, 1975, revised May 1, 197~8 and amended April 26, 1979, wherein each Participating Member has agreed to make payments from its electric department revenues, 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 transmission of electric energy for lighting, heating and power for public and private uses; and WHEREAS, the Agency has caused the Northern California MunicipalMunicipal Power Corporation No. 1 (the "NCMPC No. ", 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 1255 -1- WHEREAS, pursuant to a Loan Agreement (the "Lean Agreement") dated as of June 29, 1979 with the Bank of Montreal (California) (the "BOM"), the NCMPC No. 1 could borrow at any one time not exceeding $2,335,000 (,the "BOM Loan"), of which, as of March 1, 1982, approximately $1,635,500 remained unpaid, on a taxable basis, primarily to pay intezim development costs for said power plant; and WHEREAS, in order to secure the BOM Loan, the Agency assigned its rights to receive certain payments under the Development Fund Agreement to the BOM pursuant to a Security Agreement, dated as of June 29, 1979 (the ."Security Agreement") 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 bonds 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") pursuant to said Section 6576 for the purpose of retiring. its indebtedness to the BOM under the Security Agreement so as to provide for the payment 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 6516, in a principal amount to be outstanding at any one time (in accordance with their term -s) not to exceed $3,000,000, the proceeds 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 1255 -2- WHEREAS, the anticipated source of =even+ie 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 Members 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 payments of the Participating Members under the Development Fund Agreement; and WHEREAS, in accordance with the Joint Powers Act, the exercise 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 ary part thereof nor in-terest thereon shall constitute a debt, liability or obligation of the City of Lodi; NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: 1. The issuance and sale by the Agency of the Bonds is hereby authorized. The proceeds from the sale of the Bonds hereby authorized are to be used to retire the indebtedness of the Agency to the BOM under the Security Agreement so as to provide for the payment of the BOV, :.;.r.3. The Bonds, premium, if any, and interest thereon, to the extent not paid from proceeds of Revenue Bonds, are to be payable 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 1255 -3- Name MAYOR Attest: ALICE M. REIMCHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1255. was introduced at a regular meeting. of the City Council of the City of Lodi held March 17, 1982 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held April 21, 1982 by the following vote: 1255 -4- 40 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 604:0..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 provided by law. THE FOREGOING ORDINANCE is approved, enacted and adopted Ly the City Council of the City of Lodi, this 21st day of April, 1982. Name MAYOR Attest: ALICE M. REIMCHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1255. was introduced at a regular meeting. of the City Council of the City of Lodi held March 17, 1982 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held April 21, 1982 by the following vote: 1255 -4- 40 Ayes: Council Member - Olson-, Murphy, Snider, and Reid Noes: Council Member - Pinkerton Absent: Council Member - None Abstain: Council Member - None I further certify that ordinance No. 1355 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to Taw. Approved as to form RONALD M. STEIN City Attorney ALICE M. REIMCHE City Clerk 1255 -5- t f No th-m Colifomio Power Agony ROBERT L ORIUSHMN General Manager March 5, 1982 TO: Members of the NCPA Commission FROM: Gail Sipple SUBJECT: RFL Project - Refunding Bonds Ordinance Pursuant to Commission action on February 26, 1982, enclosed is a copy of an Ordinance Authorizing,the Issuance of Refunding Bonds by the Northern California Power Agency for the .RFL Project, which must be approved by your governing body. Also enclosed is the Notice of Ordinance Subject to Referendum (Notice of:Adoption) for your use. Upon adoption of this ordinance, please return to me: 1. An executed copy of the ordinance. 2. Proof of publication of the ordinance (if required by your city). 3. Proof of publication of the Notice of Ordinance Subject to Referendum. 4. A certified copy of your minutes adopting the ordinance. By copy of this tetter I am also forwarding these documents to your City Clerk for processing. If you have any questions, please contact me. Yours truly, rS PLE ecutive Assistant cc: City Clerk Brian Quint, Mudge Rose Martin McDonough 8421 Auburn Boulevard. Suite 160 • Citrus Heights, California 95610 • (916) 722.7800 MAR ' 8 1982 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF REFUNDING BONDS BY THE NORTHERN CALIFORNIA POWER AGENCY (RFL GEOTHERMAL PROJECT). WHEREAS, pursuant to the provisions of Chapter 5, Division 71 Title 1 of the Government Code of the State of California, as amended (the "Joint Powers Act"), the City of and certain other public agencies created pur- suant 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 Member 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 Member has agreed to make payments from its electric department revenues, 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 transmission 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 "NCMPC 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 Montreal (California) (the "BOM"), the NCMPC No. 1 could borrow at any one time not exceeding $2,335,000 (the "BOM Loan"), of which, as of March 1, 1982, approximately $1,635,500 rema:Lned unpaid, on a taxable basis, primarily to pay interim development costs for said power plant; and 2 WHEREAS, in order to secure the BOM Loan, the Agency assigned its rights to receive certain payments under the Development Fund Agreement to the BOM pursuant to a Security Agreement, dated as of June 29, 1979 (the "Security Agreement") 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 bonds 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 bonds (the "Bonds") for the purpose of retiring its indebtedness to the BOM under the Security Agreement so as to provide for the payment of the indebtedness of the NCMPC No. 1 under the BOM Loan; and WHEREAS, the anticipated sources of revenue or other funds to pay the principal of and interest on the Bonds are payments of the Participating Members under the Development Fund Agreement; and WHEREAS, in accordance with the Joint Powers Act, the exercise by the Agency of its power to issue the 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 nor any part thereof nor interest thereon shall consti- tute a debt, liability or obligation of the City of ; NOW, THEREFORE, the City Council of the City of does ordain as follows: 1. The issuance and sale by the Agency of the Bonds is hereby authorized. The proceeds from the sale of the Bonds hereby authorized are to be used to retire the indebtedness of the Agency to the BOM under the Security Agreement so as to provide for the payment of the BOM Loan. The Bonds, premium, if any, and interest thereon are to be payable from payments of participating Members under the Development Fund Agreement. 2. 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. 3 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. 3. 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 by the City Council of the City of , this day of , 1982. ATTEST: NOTICE OF ORDINANCE SUBJECT TO REFERENDUM CITY OF ORDINANCE NO. ADOPTED BY THE CTYCOUNCIL OF THE CITY OF ON , 1982 Notice is hereby given as required by Section 6040.1 of the Government Code of the State of California that at a regular meeting of the City Council of the City of (the "City Council"), held on , 1982, Ordinance No. (the "Ordinance") was adopted.The title and a summary o7 the Ordinance are set forth below. The Ordinance is subject to the provisions for referendum prescribed by Section 3751.7 of the Elections Code of the State of California and shall not take effect for 60 days from the date of adoption, as discussed below. Title ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF REFUNDING BONDS BY NORTHERN CALIFORNIA POWER AGENCY (RFL GEOTHERMAL PROJECT). Summary Pursuant to the Ordinance, the City Council has authorized the issuance and sale by Northern California Power Agency (the "Agency") of its bonds (the "Bonds"), to mature not later than 30 years from the date of issue, to be issued in an aggregate principal amount of not exceeding: $3,000,000 and to bear interest at a probable overall rate of not exceeding 12% per annum. The actual interest rate on the Bonds or the method of determining such rate will be determined by the Commission of the Agency in accordance with law at the time of issuance of the Bonds. Council Member , and voted in favor of the Ord Hance. council —ember and voted against the Ordinance. The Agency was created pursuant to a Joint Powers Agreement, as amended (the "Agreement"), heretofore entered into between the City of and certain other public agencies created pursuant to the laws of the State of California (collectively, the "Members") 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 Agency is a public entity separate and apart from the Members. In accordance with the Joint Powers Act and the Agreement, the Agency and certain of the Members (the "Participating Members") have entered into the NCPA Member 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 Member has agreed to make payments from its electric department revenues, 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 transmission of electric energy for lighting, heating and power for public and private uses. The Agency has caused the Northern California Municipal Power Corporation No. 1 ( the "NCMPC 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. Pursuant to a Loan Agreement (the "Loan Agreement") dated as of June 29, 1979 with the Bank of Montreal (California) (the "BOM"), the NCMPC No. 1 could borrow at any one time not exceeding $2,335,000 (the "BOM Loan"), of which, as of March 1, 1982, approximately $1,635.,500 remained unpaid, on a taxable basis, primarily to pay interim development costs for said power plant. In order to secure the BOM Loan, the Agency assigned its rights to receive certain payments under the Development Fund Agreement to the BOM pursuant to a Security Agreement, dated as of June 29, 1979 (the "Security Agreement") 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. Pursuant to Section 6576 of the Joint Powers Act, the Agency may provide for the issuance and sale of bonds for the purpose of redeeming or retiring any revenue bonds or other evidence of indebtedness incurred by it. Neither the payment of principal of the Bonds nor any part thereof nor interest thereon will constitute a debt, liability or obligation of the City of THE AGENCY PROPOSES TO ISSUE, IN ACCORDANCE WITH THE AGREEMENT AND THE JOINT POWERS ACT, ITS BONDS TO PROVIDE FUNDS FOR THE PURPOSE OF RETIRING ITS INDEBTEDNESS TO THE BOM UNDER THE SECURITY AGREEMENT SO AS TO PROVIDE FOR THE PAYMENT OF THE INDEBTEDNESS OF THE NCMPC NO. 1 UNDER THE BOM LOAN. THE BONDS ARE TO BE PAYABLE FROM PAYMENTS OF THE PARTICIPATING MEMBERS UNDER THE DEVELOPMENT FUND AGREEMENT. THE ORDINANCE AUTHORIZING THE ISSUANCE OF THE BONDS IS SUBJECT TO REFERENDUM. UPON PRESENTATION (WITHIN THE TIME PERIOD SPECIFIED BY LAW) OF A PETITION (BEARING 2 B 3 SIGNATURES, IN AT LEAST THE NUMBER REQUIRED BY THE LAW) PROTESTING AGAINST THE ADOPTION OF THE ORDINANCE, THE CITY COUNCIL IS REQUIRED TO RECONSIDER THE ORDINANCE. THEREUPON, IF THE CITY COUNCIL DOES NOT ENTIRELY REPEAL THE ORDINANCE, THE ORDINANCE SHALL BE SUBMITTED (UNDER BALLOT WORDING PRESCRIBED BY LAW) TO THE VOTERS AT A REGULAR OR SPECIAL ELECTION AND THE ORDINANCE SHALL NOT BECOME EFFECTIVE UNTIL A MAJORITY OF THE VOTERS VOTING ON THE ORDINANCE VOTE IN FAVOR OF IT. THE FOREGOING DESCRIPTION OF THE PROCEDURES FOR REFERENDUM IS BASED UPON THE APPLICABLE REFERENDUM PROVISIONS OF THE CALIFORNIA ELECTIONS CODE AND THE CALIFORNIA GOVERNMENT CODE. REFERENCE IS MADE TO THE CALIFORNIA ELECTIONS CODE AND THE CALIFORNIA GOVERNMENT CODE FOR A COMPLETE STATEMENT OF SUCH PROVISIONS. Aftk 1 rRECEIVED tllortham California Pow*t Agwy 1982 APR IS )X,% 11r4 8421 Auburn Boulevard, Suite 160 Citrus Heights, Cai►lornia 95610 .ALAE .M. Rift MWOMAIN 0F L ME (916) 722-7815 April 14, 1982 TO: City Clerk FROM: Gail Sipple SUBJECT: Revised Notice of Adoption for the Refunding Bond Ordinance In follow up to my letter of April 9, 1982, enclosed is a revised copy of the Notice of Adoption (Ordinance Subject to Referendum) for your use in conjunction with the Refunding Bond Ordinance (RFL). If you have any questions, please contact me. Yours truly, L IPPLE xe tive Assistant cc: NCPA Commissioners Enc. NOTICE OF ORDINANCE SUBJECT TO REFERENDUM CITY OF ORDINANCE N0. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ON , 1982 Notice is hereby given as required by Section 6040.1 of the Government Code of the State of California that at a regular meeting of the City Council of the City of (the "City Council") , held on , 1982, Ordinance No. - (the "Ordinance") was adopted. The title and a summary of the Ordinance are set forth below. The Ordinance is subject to the provisions for referendum pies-cri-bed by Section 3751.7 of the Elections Code of the State California and shall not take effect for 60 days from the date of adoption, as discussed below. Title ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF REFUNDING BONDS BY NORTHERN CALIFORNIA POWER AGENCY (RFL GEOTHERMAL PROJECT). Summary Pursuant to the Ordinance, the City Council has authorized the issuance and sale by Northern California Power Agency (the "Agency") of its revenue bonds (the "Bonds"), to mature not later than 30 years from the date of issue, to be issued in an aggregate principal amount of not exceeding $3,000,000 and to bear interest at a probable overall rate of not exceeding 12% per annum. The actual interest rates on the Bonds or the method- of determining such rates will be determined by the commission of the Agency in accordance with law at or prior to the time of issuance of the Bonds. Pursuant to the Ordinance, the City Council has separately authorized the issuance and sale by the Agency of its renewal revenue bonds (the "Renewal Bonds"), to mature not later than 30 years from the date of issue, to be issued in an aggregate principal amount to be outstanding at any one time (in accordance with their terms) not to exceed $3,000,000 and to bear interest at a probable overall rate of not exceeding 121 per annum. The actual interest rates on the Renewal Bonds or the method of determining such rates will be deter- mined by the Commission of the Agency in accordance with law at or prior to the time of issuance of the Renewal Bonds. Council Member , - and voted in favor of the Ordinance. Council Member and voted against the Ordinance. The Agency was created pursuant to a Joint Powers Agreement, as amended (the "Agreement"), heretofore entered into between the City of and certain other public agencies created pursuant to the laws of the State of California i (collectively, the "Members") pursuant to the provisions of Chapter Sr Division 7, Title 1 of the Government Code of the State of California, as amended (the "Joint Powers Act"). The Agency is a public entity separate and apart from the Members. In accordance with the Joint Powers Act and the Agreement, the Agency and certain of the Members (the "Participating Members") have entered into the NCPA Member 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 Member has agreed to make payments from its.electric department reve- nues, except Plumas-Sierra Rural Electric Cooperative which shall pay from any available funds, for certain Development Costs (as def fined in the Development Fund Agreement), incurred by the Agency in devel- oping a revenue-producing system for the generation, production and transmission of electric energy for lighting, heating and power for public and private uses. The Agency has caused the Northern California Municipal Power Corporation No. 1 (the "NCMPC 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. Pursuant to a Loan Agreement (the "Loan Agreement") dated as of June 29, 1979 with the Bank of Montreal (California) (the "BOM"), the NCMPC No. 1 could borrow at any one time not exceeding $2,335,000 (the "BCM Loan"), of which, as of Larch 11 1982, approximately $1,635,500 remained unpaid, on a taxable basis, primarily to pay interim development costs for said power plant. In order to secure the BOM Loan, the Agency assigned its rights to receive certain payments under the Development Fund Agreement to the BOM pursuant to a Security Agreement, dated as of June 29, 1979 (the "Security Agreement") 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. Pursuant to Section 6576 of the Joint Powers Act, the Agency may provide for the issuance and sale of bonds for the purpose 'of redeeming or retiring any reve- nue bonds or other evidence of indebtedness incurred by it. The Agency proposes to issue, in accordance with the Agreement and the Joint Powers Act, the Bonds to provide funds for the purpose of retiring its indebtedness to the BOM under the Security Agreement so as to provide for the payment of the indebted- ness of the NCMPC No. 1 under the BOM Loan. The Bonds, to the extent not paid from the proceeds of Renewal Bonds, are to be payable from payments of the Participating Members under the Development Fund Agreement. The Agency proposes to issue, in accordance with the Agreement and the Joint Powers Act, the Renewal Bonds, the proceeds of the first issuance of which would provide funds for the payment and retirement of the Bonds and the proceeds of each later issuance of which would provide funds for the payment and retirement of -2- o l . Renewal Bonds theretofore outstanding. The Renewal Bonds, to the extent not paid from the proceeds of subsequent Renewal Bonds, are to be payable from payments of the Participating Members under the Development Fund Agreement. Neither the payment of principal of the Bonds or the Renewal Bonds nor any part thereof nor interest thereon will consti- tute a debt, liability or obligation of the City of THE ORDINANCE AUTHORIZING THE ISSUANCE OF THE BONDS AND THE RENEWAL BONDS IS SUBJECT TO REFERENDUM. UPON PRESENTATION (WITHIN THE TIME PERIOD SPECIFIED BY LAW) OF A PETITION (BEARING SIGNATURES, IN AT LEAST THE NUMBER REQUIRED BY THE LAW) PROTESTING AGAINST THE ADOPTION OF THE ORDINANCE, THE CITY COUNCIL IS REQUIRED -TO RECONSIDER THE ORDINANCE. THEREUPON, IF THE CITY COUNCIL DOES NOT ENTIRELY REPEAL THE ORDINANCE', THE ORDINANCE SHALL BE SUBMITTED (UNDER BALLOT WORDING PRESCRIBED; :BY LAW) TO THE VOTERS AT A REGULAR OR SPECIAL ELECTION AND THE ORDINANCE SHALL NOT BECOME EFFECTIVE UNTIL A MAJOR- ITY OF THE VOTERS VOTING ON THE ORDINANCE VOTE IN FAVOR OF IT. THE FOREGOING DESCRIPTION OF THE PROCEDURES FOR REFERENDUM IS -BASED UPON THE APPLICABLE REFERENDUM PROVISIONS OF THE CALIFORNIA ELECTIONS CODE AND THE CALIFORNIA GOVERNMENT CODE. REFERENCE IS MADE TO THE CALIFORNIA ELECTIONS CODE AND THE CALIFORNIA GOVERNMENT OWE FOR A COMPLETE STATEMENT OF SUCH PROVISIONS. -3- 0 I. \ I. /, , III Nortthom Califon: ila Poww Agoncy 8421 Auburn Boulevard, Suite 160 Citrus Heights. Caltornla 95610 R09M L ORMISMAN General Manager (916) 722-7815 April 9, 1982 TO: City Clerk FROM: Gail Sipple SUBJECT: Refunding Bond Ordinance (RFL) - Revised RECEIVED IWAPR 12 M a 12 ALICE M. REIMCHE CCITTY d O01 As we discussed the other day, I am enclosing a revised ordinance regarding the above subject. The ordinance was revised basedot- a request from the lending agency for additional language for their convenience. Therefore, it is required that the enclosed ordinance be re -introduced to your governing body for adoption. Our bond counsel is also preparing a revised Notice of Adoption (Ordinance Subject to Referendum} which -will be sent to you in the near future for your use. I realize that many of the NCPA members have already taken action on the original ordinance, and I apologize for any inconvenience this change may have caused you. Upon adoption of the revised ordinance, please return to me: I. An executed copy of the ordinance. 2. Proof of publication of the ordinance (if required by your city). 3. Proof of publication of the Notice of Ordinance Subject to Referendum. 4. A certified copy of your minutes adopting the ordinance. If you have any questions, please contact me. Yours truly, �//�l �C GAIL SIPPLE Executive Assistant Enc. cc: NCPA Commissioners �� ORDINANCE NO. ORDIrANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF REFUNDING BONDS BY THE NORTHERN CALIFORNIA POWER AGENCY (RFL GEOTHERMAL PROJECT). WHEREAS, pursuant to the provisions of Chapter 51 Division 7, Title 1 of the Government Code of the State of California, as amended (the "Joint Powers Act"), the City of 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 Member 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 MEmber has agreed to make payments from its electric department revenues, 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 "NCMPC 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 Montreal (California) (the "BOM"), the NCMPC No. 1 could borrow at any one time not exceeding $2,335,000 (the "BOM Loan"), of which, as of March 1, 1982, approximately $1,635,500 remained unpaid, on a taxable basis, primarily to pay interim development costs for said power plana; and WHEREAS, in order to secure the BOM Loan, the Agency assigned its rights to receive certain payments under the Development Fund Agreement to the BOM pursuant to a Security Agreement, dated as of June 29, 1979 (the "Security Agreement") 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 A WHEREAS, pursuant to Section 6576 of the Joint Powers Act, the Agency may provide for the issuance and sale of refunding bonds 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 IM EREAS, 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 $3,000,0001 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 6.'HEREAS, the anticipated source of revenue or other funds to pay the principal of and interest on the Bonds, to the extent not paid from proceeds of Revenue Bonds, is payments of the Participating Members 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 Powers 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 ; NOW, THEREFORE, the City Council of the City of does ordain as follows: 1. The issuance and sale by the Agency of the Bonds is hereby authorized. The proceeds from the sale of the Bonds hereby authorized are to be used to retire the indebtedness of the Agency to the BOM under the Security Agreement so as to provide for the payment of the BOM Loan. The Bonds, premium, if any, and interest thereon, 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. e e9 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. Six-ty (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 , this day of e , 1982. ATTEST: April 28, 1982 Northern California Power Agency 8421 Auburn Blvd. Suite 160 Citrus Heights, CA 95610 Attention: Gail Sipple Subject: Revised - Refunding Bond Ordinance (RFL) Please be advised that the Lodi City Council at its April 21,_ 1.98.2 meeting adopted Ordinance No. 1255 "Ordinance of the -City-of Lodi Authorizing the Issuance of Refunding Bonds by the Northern California Power Agency (RFL Geothermal Project) as revised. Pursuant to your -.April 9, 1982 letter, enclosed please find the following: 1. An executed copy of the Ordinance 2. Proof of publication of the Ordinance 3. Proof of publication of the Notice 4. A certified copy of the minutes of the April 21, 1982 Council Meeting depicting the adoption of the subject Ordinance. Very truly yours, Alice M. Reimche City Clerk AR: dg Enc. ORDINANCE NO. 1255 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AUTHORIZING THE ISSUANCE OF REFUNDING BONDS BY THE NORTHERN CALIFORNIA POWER AGENCY (RFL GEOTHER14AL 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 Lodi 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 Member Agreement for Participation in Electric Power Development Fund (the "Development Fund Agreement"), dated July 1, 1975, revised May 1, 1978 and amendedApril 26, 1979, wherein each Participating Member has agreed to make payments from its electric department revenues,. except Plumas-Sierra Rural Electric Cooperative which shall pay from any available funds, for certain Deve-lopment Costs (as defined in the Development Fund Agreement), incurred by the Agency in developing- a revenue-producing system for the generation, production and lj�ransmission 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 "NCMPC 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 1255 -1- WHEREAS, pursuant to a Loan Agreenent (the "Loan Agreement") dated as of June 29, 1979 with the Bank of Montreal (California) (the "BOH"), the NCMPC No. 1 could borrow at any one time not exceeding $2,335,000 (the "BOM - Loan"), of which, as of March 1, 1982, approximately $1,635,500 remained unpaid, on a taxable basis, primarily to pay interim development costs for said power plant; and WHEREAS, in order to secure the DOM Loan-, the Agency assigned its rights to receive certain payments under the Development Fund Agreement to the BOM pursuant to a Security Agreement, dated as of June 29, 1979 (the "Security Agreement") 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 bonds 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") pursuant to said Section 6576 for the purpose of retiring its indebtedness to the BOM under the Security Agreement so as to provide for the payment 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 $3,000,0.00, the proceeds 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 1255 -2- WHEREAS, the anticipated source of revenue 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 Members 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 payments of the Participating Members under the Development Fund Agreement; and WHEREAS, in accordance with the Joint Powers Act, the exercise 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 Lodi= NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: 1. The issuance and sale by the Agency of the Bonds is hereby authorized. The proceeds from the sale of the Bonds hereby authorized are to be used to retire the indebtedness of the Agency to the BOM under the Security Agreement so as to provide for the payment of the BOM Loan. The Bonds, premium, if any, and interest thereon, to the extent not paid from proceeds of Revenue. Bonds, are to be payable from payments of Participating Members under the Development Fund Agreement. 2. The issuance and sale by the Agency of tKe Renewal Bonds is hereby separately authorized. The proceeds of the sale of the Renewal Bonds are to be used to retire Donds or Renewal Bonds. The 1255 -3- 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 3753.7 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 60.40.1 of the Government Code of the State of. California. S. 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 FORMO NC, ORDINANCE is approved, enacted and adopted by the City Council of the City of Lodi, this 21st day of April, 1982. /7 Name 4n n MAYOR Attest: ALICE M • WHCHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1255 was introduced at a regular meeting of the City Council of the City of Lodi hold March 17, 1982 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held April 21, 1982 by the following vote: 1255 -4- Ayes: Council Member - Olson, Murphy, Snider, and Reid Noes Council Member - Pinkerton Absent: Council Member - None Abstain: Council Member - None I further certify that Ordinance No. 1255 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ALICE 14. A� City Clerk Approved as to form RONALD M. STEIN City Attorney Tlicio�ss�.�cooar.�►.:rxcrArauoTo�c A -CW=T my OF THE L"=a& M ME pA tws00CL ••. DEMM CttT CLE$K Cal OF L= wT MAY -1 7 IV 1255 -5- PROOF OF PUBLICA"N (201S.5 C.C.P3 STATE OF CALIFORNIA. County of San Joaquin. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or Interested In the above. entitled matter. I am the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of genes -4 Circulation, printed and published dalf.Yo except Sundays and holidays„ In the City of 144 Cal forma, County of San Joaquin. P -,d which news- paper has been adjudged a newspaper of general circulation by the Superior Court, Department 3, of the County of San Joaquin. State of California, under the date of May 26L% 1933, Can Number 65990; that the notim• of which the annexed Is a printed copy (set In type not smaller than no*- parvil), has been published In each regular and entire Issue of said newspaper and not In any sup- plement thereof on the following dates. to -wit: May Is 4, 5, &,-_7, all in the year 19-82- I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Lodk California, this MA— day of -may_ 19 BZ tore - This space is.' the County Clerk's Filing Stamp Proof of Publication, of ORDINANCE # 1255 "03"a"Ce or TNA OTT C04MM 00 Me COTT Or 1-01" AUT-01taxpla THE 1116""Ce CN "FUM M14•. "Was MIT -2 310107HInN CA&B1001MIA POWV* A4U"CV PWL040MSW ft" "oJvC" i0fte"s. P....0m 1. C,.~ S. vk40— 7- Tate I f 0-, 0" A N.. SN 4 _J -W a ft 0. 01CPA =41 -, So a ...M i—y. 6 AV _-% 0 " My Mr 14 to" rook*." M .4 C"06 to* 4 -ft -o4 I. 0 4 F'we7 M, s" -d' "17— Z. , P.+« cwv«�w.. No. *100C no. ri - C -U$--" 10 0- N bo 6.4. ow -401 A9.1" - P--. 1"0 CA..". C-00- of­*" Pt-* — 16 U_hh" to *_ Ae-Wr bw 10 0 12 I CAV$I-Cii N, so -,W b� � . W.6 PROOF OF PUBLICATION 4* IM " boo, 0" WOMAS. V— 615ft ^9__v (1.000.0.0S.4— -$a S -- P- Zr<_ -...+...,.....:..r.iz�a":r�`��'%'`. Aww,rw.•-rt t17•M+-'3.rtrut AO,r.w•en•�i. 6.�. '•-. .wr...1•. AR.nq e.d .Ae LO6t, ewd �..+I.d • r•.•.0 .wd I.r.r. 1:ro M - MR.FREA1, rer.•enl �• Sw �:•w a37a .1 M 7.:• r...«. A.1. ke A%— f _ { � re.+M ler M• Aw«•�• «•d wh _ w1.wd•q Mwd. for �A. �.rpew of a.ed...or eke. • la— •de...:•Sor7•d ►r M: and *"WAS. k. AS—, r•0— •. ..&a Se wa S.r Ni. WrroN e7 I.RIM�', §' 110 i•ia..d.... M Iq. aOM 1Md•I cc c� - E�wREwE. k. AL—r MM•7•• N t � " v�` i h1M tr•.• iwe N IYw• M. Nw.wel ;. ��e� �..� LSMt M • r+wsw► eve• .ww. lM w _ ..gid iSIOLA.Si. M r.«..d. a k• �3_.=' .2._' tAN Me•..••1 M,sA Rew...ol Nwd. '�`�3'^'" Se M•rld. b+J. Ir ke re�w•w7 end I �'`'' . MFe.re..l .Ae L•wd. e.•d .M rr.• xs�-aa aw/a.f .oAr te•w�.wwriedw.ae of waA �� M d nW.w.eM el ¢y. •wwl /•wd. k.r.r.lere MN.w• '/ '��" /+Ie.Ar.1.1.wiMMe.. •w k ~eMr wd.. tK _ N she .W f wo. P" hew. r --a. . �+ - .E IErn....4 L.r•d.. i. R•rw•ne..I .M y ►.•MHR.YwR 10•,waer. .wd« rl•e � .,� :._.. _.:... ._.- ..wMr�.+rewd ALr.ew••wl:.wd a a _ rM1ERfA;tM.ra:HreA.d wws. el y,. 4,,, ww�r• .. ek.r hrd. N 7sr Mw rN.sy.F .1 owi ba—t w k. Lewdr. M r.7.w.wA. el .1•. ' �Yy?`_f: '"': .;-:: o!"'+w�.-►r.ni ALr..•eeM: •wd 1MIERESt7� M etaerdoe....i.A .M :rs_o`:,i �r: -•- LM L.er. M. k..e.r.A. ►r rM .a. R.......t Loved. M .e►• {7e5 w k• ..Mrhe.lew � .e.A 1.• �•+.• y tM 50e••b.r. r«.—A N MR•Ir.tel M•► R.wd. er •M R.w...el 0wwf.a.r.ee.a.4 c.w..i.... • d.M, .r .aYLe.iew el /A. Cul .1 .MORA. "MMOML k. Cur C.ew.4 eE M aI .i S.A. I... erd.M N 1�M.wc• 1. 7a.lte.oce.wd wM ar d.•Itr.wf �. .r .E 4r LewA N A... .M•erd• � < - .4 Ta•L.w.M howd.. wl. of k• M«►p.bA.rYodw Nr �, M •..d N..SI.• IA. Md•►wdwe.. I 4 wd t•. O.NM k.r..ft w .A0 n...d wo5 MV M" r.c..d. .1 Re.ew•i am&. w N M r.7eI'S . I— • �"r—ft .1 ►.rlirtMWL&%-A— hr Apwa7 el tM R.w.,wl �.nd. M. :' �•a17 .er..e..tr e.rl.«I..d. TM 7wawl..Eh wl.vl .M R•n•wol L.•d.wN►..r..1 N MW Lewd. j w R.r•w.i L.wd.. TL. R.e....t it •". •.d M- 0.1.1. �.r.•q f. tM...NM wN M..1 L.e.•..1-L.nd.. w M �... r•P1M h.e. rsrw�.M. el RSu.a.rt eedw k. �l rlrr...M /•.e SM el k• Ad'w0 r•wr. Ac% kh eNY".•.• Y LrLt,7.1 k. EI...lew. C." .1 k.." a. Ta. ar C1..i .A.d c.rl:lr.s .A. we..«r .1 r,ts eNM.wc• .nd ide•.w wM4e o! SAe ..w•. M W reaL.A.d M .cN./sece ..IrA S".. Mr.f0.A1.1 M G•wrw•wewS C•H" .t4"f.r..IC.N.rwN. N'01 W! drr.1 • •nd •IN" M. .•.a.•../, 4d0 -411 c• A.M. Mir.15.0 •.d M M 1." ".e. M di.ewr•r # 'I ay Mw. TSO rORE00MG OROMANCS N Yrer.{ owe.7.d ..d edor•d ar• tA• C0y Coow.il .1 tA. Ury .1 led4,• IAI.NMder of Ar.L, 10a7. . . C•.Mr.l few A..L Alk. AL �.iw, ca u.de.e1 M • wr.rbr —16,2 .1 tMCRr Ce.eA.1 IA. CUT .1 t.A a.Y At-.% 17. Im .wd o..► k.r.el..r r..Nd, eder..A •wd �...•W .I..Y t..,.c4 A.M ArNI OM4M«rAr, fwAhr-.wd R.id C.era4 M.w•L•r •- r W.r.e. . AL..n.: C.•..4 hk-16.r AMt•M; tww.4 at•r••aer Nw I I-*— ..nor k.t Ordi,•ew.• Ne. 1711 ...7 o.re.•d end .:Lwm •d ti rM M•r.r eve rA. dog. el N. N..p• swd N.e .ww.. Ao. !••w W.IwMd r•....wt re leve. AtKt A. ►I VAC"I Uyc6A 1102 ., -7610 T I am a citizen of the United States and a resident of the County aforesaid-, I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of general circulation, ton. printed and published daily, except Sundays and Widays, in the City of Lodi, California.. County of San Joaquin, and which news paper has been adjudged a newspaper of general dmilation by the Superior Court, Departinent 3, of the County of San Joaquin, State of California. i under the -date, of Wray 26th, 1953, Case Number GM; that the notice., of wWx the annexed is a r.-:nted copy (set in' type not smaller than non- pareil), has been published in each regular and entire issue of said newspaper anti ,.at in any sup- plement thereof ot. the iollowNg datM t"t 7 _.s__ all In the year I9.82— I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOA adiforol..th 1. 7th day of Mav - lute This space lir the County Clerk's Filing Stamp Proof of Publication of AM... kGiICE "0"01 of ONIHNANCI suWaclyofterSOMDUM ONDIMAN7no. Ms "opub ST I"& CITY cou"M of W" Cr" of LOW ON AVOK 21. Is G#vM 60-ki .1 c" .1wa to.. A;w* 21. 19". #"IeA tsar11h2=1 Awe%bl. w I go d- r».+. bF fK we.Zvi.* IC.UIWA6 0" A.4 do d"s I— th. dp. • **NNAWCI Or. V" C cou"M or Ir"s are OF Leos • ^U"I*M="* T"N ISSWAW-8 Pop ft"W"Dwe 90"s at MOSTNIM CALIFORNIA I*!%. chr . C-fta MOM006 e�ed to b~ -hb PROOF OF PUBUCATIO - —­ c� The 10 cWW W --V� � V- 6- fw J.- tC-� .i....• ckw. S. D:.i.:— T. 1..1. 1 .1 .h. 0....n...r C." .1 A. P... .r ttT...i.l ....w1.d Ehw—'�•I r...... b7. d ^%N^ j i. l 1.< Aw. 1..i.. b...1 .h. I y........., M• AR••4 «J M..iw .I .I.. M...M.. ITS. "►..atll..iwq . F�•'•'t•••l T.w o....•.d M. M. tKIA M-4- JM•••••i•^• t.. ►... tMirMl.w 1. tl....tl ►w.. D••.I.O. �1 i+.a I..IT 1, t.», .«+»�%t m E.1.w«d.1 � a, %m I•I••Iw.M w...r... .•<.II �TrwH•fb... turd Fi....l< C..I...t•..A1.0 Jolt pr I-- —I. .•••T.ti. 4.IA I.. —1.1. D...41. --w CrJ. (.. d.rw.1 M A. O...I.q•w+l t..1 Aq..—). b. •,� f fq. Aows7 M. —id t Li« Mw<:pl ►— C«q.ww.w N., t (.M • N� bf. ---a i. ./ i. Aq.w[r b Iw.wt., w..d w.....4f.q b . q..1.«.0.1 '/w« ft-* i. b&. C --r. C.LM .t1. M.wrr...E -hick 14••• ... b .M IIEJ.K Sd b M A.1 0. 111m, 4 7..... b . 1— 1...1 ...I lMw. !►. It"..hA M. {...Y J M.......IC*M-.41 (.h. T, IR. t.OMK N.. I seJ16e.- «T.....40 1.ww &..;k ft Mft w .1 pr 9-DOA4 NNI .t.M- Aq...:b...a. --.- Is. hw1 Ar— I........b. T.<«i. ft Jlq......... 1...1 H .t J.— TS. w.w •.. Aq.q " M. mom. w "Wo W...pSpw.1 ..b .T I•d.M.a..w.N....1►r w. ,..I..I.w.. MM.y w b 1.—. 1. AEr...w.r .w1 . ..q..tdJ../..y bd. ROM...t.. ,A J./b1.....i M. MCMC m- IT ...J.. A. ROIL E...• 1M t.w1.• b Mr ... Iw<..I..1 4M..1 O. -AL w b N I.r.►4 E.... 1./..... a U.. ►.r.icip.rinq M., D.—gr—wt - Ttr «iA t 01— •. N Ir... 4 MswM. Atl„ 01. A Agwr.w.....w1 00 d.. /V-1.. R...�ri fw10, y q.Ia i E.I.►.o .t IJ. —Al N..:e. 5...1. i« 1%.f+E..r . W MM.....w. ddw4IM16— dr;.er«r4.1...h M.J. f..l.. .../ ...i...w... • •41w'M• 1b R..wrl R...dti .. Ilr.•bM..Mr.Y 1...w /l.. q..<r.1. If NdR.p.wl tlwrwl R.n1., ... b - M M.M►irwl.r.....r..1 M.. r..- Ns11.Ny O.•.t.t.•.... t...1 Agr.wrwl. du M+1► v M R�«w.l� �.w�d w.. Mq.1.A i.d...r ew'f... Two QQDWSANCT A TrOR12w+G TIM MSi/I...CT O. 2..0 tOvDs ANO TM ft"4wAt. RoINOS M SU&JECT to • 11111PTE/EMOD.I VON rnsunATIOM E w1 Of Arri loofM PIAAMOD cMOOD SPK*St . f16MATURIf. w AT ttAST THE Tt gwO SR'IG AGAINST G I AGJIRM lME tAw) nTTREG KT tNt woor. "M Op No Ott11//AMCE. TME Cm cou"m % wOUIRED To RECoM- lWill TMI ORORfA/1Ct. TNEREUroN, Y FNtCity, COUNCIL DOES NOT fit. TMnV REteAt INE oms:.w CE. Its ORONAM•X MALI N fum"IflED RAttor woRoU.G rREICR.t. O RY tA1.' IO TIM VOMITS AT A MIGUEAR OR iMC1At ItECTIO1l AND TEM ORDINANCE ANCE tllAtl NOT pCO.W . $ft CMI UNTIL A MAJOWT Of THE VOTER9 VOTING ON /NE ORtMMANCI VON W FAVOR Of M. THE FOREGO. wo DlSCR1ITRTN of TME 1= C90MS EOR RtEERENDUM IS SAT.D WON TIM AMUCI1t/t IMPIREMDUM ►ROVItIDNT Of TNT CAII.ORNN .EtTClloNf Coot AND TM CA10,041. MM ooVHM..ff" CODE. MFERtNCt M MADS TO "IT CAtVORMIA EIEC. MONS CODE AND TM CAIIFORNiA poVIRN.MMI COOT E011 A COY lialll *Twtt«twT CU TUM ►ton Ask. w 0.1—h. _ CNC11 Mq1•. S. w T./ft] -.fwT Continued Apr4: V. 17820 ROBERT I4OLM As requested at an earlier Council meeting. proposed APPOINTED CITY Specifications for the position of City Treasurer TREASURER were presented for Council's perusal. On motion r ; of Mayor Pro Tempore Murphy. Pinkerton second. Council appointed Robert Holm as City Treasurer Yl for an unspecified term. City Attorney Stein informed the Council that at a y§ $ recent conference of City Attorneys, he was made aware of a procedure in Walnut Creek for the abatement of zoning code violations. A copy of A the procedure was provided for Council's perusal. At present in the City of Lodi. in order to abate a zoning code violation, it becomes necessary to follow F.. a very cumbersome procedure which ends up with the Police Department having to go out and cite an zindividual fo`a violation or. its the alternative. having the City Attorney prepare a written complaint and have the- individual taken into court. The Penal Code permits officers or employees of a '. city to -issue citations for violations of the zoning code for which they were hired to enforce. With this In mind, the City of Walnut Creek permits their building inspectors and zoning compliance personnel to issue citations for violations of the zoning code. Mr. Stein indicated he had spoken with our Community Development Director and the Chief of Police and both agree that such a procedure would- Be valuable in the City of Lodi. For consideration, City Attorney presented a copy of a proposed ordinance amendment to the City's zoning code in this regard. Mr-. Schroeder and Chief Yates and Mr. Stein are also working out a model citation form to be used. I- will be necessary for this Councit to amend the appropriate zoning code sections. Mr. Stein suggestedthat Council put this on for a - shirtsleeve to discuss it or set for a future Council meeting to in fact institute same. PROCEDURE FOR A lengthy discussion followed with questions being ABATEMENT OF directed to Stasi, and to the City Attorney. Onmotion MUNICIPAL CODE of Mayor Pro Tempore Murphy. Olson second. Council ZONING VIOLATIONS referred the matter to the Planning Commission for WHICH IS AN review. AMENDMENT TO CHAPTER Z7. SEC 27-22 OF THE CITY „€= CODE y• r; ORDINANCES Council was apprised that a one word change had been made on Ordinance No:1255 since its introduction on March 17, 1982, that being Page 2, Paragraph 4, N sentence 3, word 5 being changed to "Renewal". ORDINANCE RE " ORDINANCE NO. 1255 - An ordinance of the city Council ISSUANCE OF REFUND- of the City of Lodi authorizing the Issuance of Refunding ' ING BONDS BY NCPA Bonds by the Northern California Power Agency (RFL Geothermal Project) as amended having been introduced at a regular meeting of the Council held March 17. 1982 was brought up for passage after reading by title. On . motion of Mayor Pro Tempore Murphy, Snider second. 171 Continued April 21, 1982 ORDINANCE NO. the Ordinance was then adopted and ordered to print I255 ADOPTED by the following vote: A ye s: Councilme m—be r - Murphy, Olson, Snide r and Reid Noes: Cou-nc i lm- e tuber- Pinke rto n Absent-. Councilmember - None ORDINANCE AMENDING Ordinance No. 1256 An Ordinance expanding Unit P -D(15) BY REDUCING No. Z Beckman Ranch Condominiums at 1905 South NUMBER OF SINGLE Ham Lane, and amending P -D(15), Planned Develop - FAMILY UNITS merit District N16. 15 by reducing the num be r of single - INCREASING NUMBER family units and Increasing- the number of condominiums OF CONDOS with -conditions having been introduced at a regular meeting of the Council held April 7. 1982 was brought ORDINANCE NO. 1256 up for passage after reading by title. On motion ADOPTED of Mayor Pro Tempore Murphy. Snider second,. the Ordinance was then adopted and ordered to print by the following vote: Ayes: Councilmember Murphy, Olson, Snider, Pinkerton, and Reid Noes: Councl-Imember None Absent:. Counc Urn- e m be r None ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:25 P.M. Attest: r0;tECXX,4G ok)MENT tS CERTinED TO BE THE qmONAL ON FtLE IN A COqAECT CCM C" Tt2 THrSOFFTM) ? qjo;t�EN GALj*GEL CM CLIERY. 0111 bF L" 9; "20-L 11 MAY, J 7 1982 ALICE M:*k City Cle rk Northern California Power Agency 8421 Auburn Boulevard. Suite 160 Citrus Heights. California 95610 ROBERT E. GRIMSHM General Manager (916) 722-7815 April 9, 1982 TO: City Clerk FROM: Gail Sipple SUBJECT: Refunding Bond Ordinance (RFL) - Revised RECEIVED 1982 APR 12 AN 9' 20 ALICE H. REiMCHE CITY CLERK CITY OF LODI As we discussed the other day, I am enclosing a revised ordinance regarding the above subject. The ordinance was revised based on a request from the lending agency for additional language for their- convenience. Therefore, it is required that the enclosed ordinance be re -introduced to your governing. body for adoption. Our bond counsel is also preparing a revised Notice of Adoption (Ordinance Subject to Referendum) which will be sent to you in the near future for your use. I realize that many of the NCPA members have already taken action on the original ordinance, and I apologize for any inconvenience this change may have caused you. - Upon adoption of the revised ordinance, please return to me: 1. An executed copy of the ordinance. 2. Proof of publication of the ordinance (if requiredby your city). 3. Proof of publication of the Notice of Ordinance Subject to Referendum. 4. A certified copy of your minutes adopting the ordinance. If you have any questions, please contact me. Yours truly, GAIL /11PPILE Executive Assistant Enc. cc: NCPA Commissioners X_ Northern Callfomla Power Agency 8421 Auburn Boulevard. Suite 160 Citrus Heights. California 95610 ROGER? L GRIMSHAN G~&l Ntsna9er (916) 722-7815 April 14, 1982 RECEim) 1981 MR i5 ALICE M. REIRCV;E CITY 0 LDEJI TO: City Clerk FROM: Gail Sipple SUBJECT: Revised Notice of Adoption for the Refunding Bond Ordinance In follow up to oW letter of April 9, 1982, enclosed is a revised copy of the Notice of Adoption (Ordinance Subject to Referendum) for your use in conjunction with the Refunding Bond Ordinance (RFL). If you have any questions, please contact me. Yours truly, Wtiv PLE e Assistant cc: NCPA Commissioners Enc.