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HomeMy WebLinkAboutAgenda Report - October 6, 1982 (63)Mayor Reid then moved for introduction of Ordinance No. 1274 - Ordinance of the City Council of the City of Lodi Authorizing the issuance of Notes by Northern California Power Agency (Geothermal Generating Project No. 3 ). The motion was seconded by Council Member Snider and carried by the following vote:, , ORD. NO. 1273, 1274, Ayes: Council Members - Murphy, Olson, Snider, and 1275, and 1276 Reid (Mayor) INTRODUCED Noes: Council Members - Pinkerton Absent: Council Members - None Mayor Reid then moved for introduction of Ordinance No. 1276 - An Ordinance of the City Council of the City of Lodi approving the terms and conditions of amendment No. Two to the Member Agreement (Second Phase) for Financing; and Development Activities of the Shell East Block Geothermal ° Project between Northern California Power Agency and Certain Participating Members, and Authorizing the Execution of and Delivery of said Amendment by Officers of the City of Lodi. The motion was seconded by Council Member Olson, and carried by the following vote: Ayes: Council Members - Murphy, Olson, Snider, and Reid (Mayor) __......,.,�� NOes• Council Members - Pinkerton Mayor Reid then moved for int oduction of Ordinance �Of�r-�dina-nc�e No. 1275 - Ordinance of the City Council of the City of Lodi authorizing the issuance of Public Power Revenue Refunding Bonds by the Northern California Power Agency. The motion was seconded by Council Member Olson and carried by the a following vote: Ayes: Council Members - Murphy, Olson, Snider and Reid (Mayor) F Noes: Council Members - Pinkerton Absent: Council Members - None RECEIVED Hathern California POWIr Agency 1982 AUG 33 PM 3 21 8421 Auburn BoulevarQ Suite 160 Citrus Heights, California 95610 ALICE M. REINCHE Rosh L aAWsHM CITY CLERK General Manager CITY OF LODI (916) 722-7815 September 1, 1982 TO: Shell Project No. 3 (East Block) Participants City of Palo Alto City of Redding FROM: Gail Sipple SUBJECT: Four Ordinances Relating- to the Shell No. 3 Project Per Commission action of August 26, enclosed are four ordinances to be sub- mitted to your governing body for approval. Also enclosed is a "Description of Legal Steps Required to Finance the East Brock Project", which was re- quested by the Commission. Please note that attached to ordinances marked 1 through 3 there is a "Notice of Ordinance Subject to Referendum" (Notice of Adoption) for your use. However, ordinance marked No. 4 does not require a "formal." Notice of Adoption and Bond Counsel informes me that members should just follow their normal notice procedure. Although the law states that only participating project members must approve these ordinances, Bond Counsel has stated that Palo Alto and Redding should also approve ordinances marked No. 1 through No. 3 since they may become participating members at a later date. Upon approval of ordinances marked 1 through 3, please submit to me the following: 1. An executed copy of each ordinance. 2. Proof of publication of each ordinance. 3. Proof of publication of the Notice of Adoption. 4. A certified copy of the minutes adopting the ordinances. Note: If you publish the Notice of Adoption in a daily newspaper the Notice has to run for 5 consecutive days. However, if you publish in a weekly paper the Noti-ce must be run once for 2 consecutive weeks. Page Two 0 5' Upon approval of the ordinance marked No. 4, please submit to me the following 1. An executed copy of the ordinance. 2. An executed copy of Amendment No. 2 to the Second Phase Agreement 3. Proof of publication of the ordinanze. 4. A certified copy of the minutes adopting the ordinance. By copy of this letter I am also forwarding these documents to your City Clerk for processing. If you have any questions, please contact me. Yours truly, IL IPPLE Exe utive Assistant cc: City Clerk October 7, 1982 Mr. Robert E. Grisshav General Manager Northern California Power Agency 8421 Auburn Blvd., Suite 160 Citrus Heights, CA 95610 Dear Mr. Grisshaw: NCPA 3 Project, Lodi Participation This is in rosporre to your letter of August 31, 1982, in which you indicated that the license for Projsat ¢3 has been increased from -33 MH to 110 NW. Lodi's participation in this project has boon 18.316 percent. At its regularly scheduled meeting of October 6, 1982, the Lodi City Council, in recognition of the above increase, decided to reduce the City's participe- tion in Project •3 to 9.158 percent, thus retaining its entitlement to 10.074 MW. tl*aae consider this an official notification of Lodi's decision to reduce Its percentage participation in Project d3, as indicated. Respectfully, FRED M. REID Mayor CITY COUNCIL HENRY A CLAVES. It. CIW Mb"Vf FRED "`junk Mr1W CITY OF L O D I ALICE M. REIMCHE Rolf RT G. MtMRHY. MOW PmT��s CITY HALL. 221 WEST m i STREET Cty Ck�k EVELYN" OLSON . POST OWE 90% 370 RONALD M. STEIN JAMES W. PINKERTOK It. J; M CALIFORNIA 45241 City Ath"" JOHN R. `RaroM SNIDER (20" 334.5634 October 12, 1982 Ns. Sail Sipple NCPA 8421 Auburn Blvd. Suite 160 Citrus Heights, CA 95610 Subjects Shell 3 Project Please be advtsed that the Lodi City Council took the following actions at the October 6. 1982 meeting relating to the Shell 3 Project. a) Adopted Resolution 82-112 indicating the City's percentage participation in the Shell 3 project. A certified copy of Resolution 82-112 is attached. b) Council Introduced the four ordinances relating to the Shell No. 3 Project included in your September 1, 1982 letter. Following adoption of the ordinances, the information included in your September 1, 1982 letter will be provided. Very truly yours, 6441 % - 4"goe Alice M. Rei he City Itlerk ANRsjj Enc. v RESOLUTION NO. 82-112 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI'INDICATING THE CITY OF LOD1'S PERCENTAGE PARTICIPATION IN THE NORTHERN CALIFORNIA POWER AGENCY SHELL NO. 3 PROJECT RESOLVED that the City Council of the City of Lodi does hereby establish its percentage participation in the Northern California Power Agency Shell No. 3 project at 9.158 percent, thus retaining its entitlement to 10.074 MW. Dated: October -6, 1982 I hereby certify that Resolution No. 82-112 was duly and regularly passed and adopted by the City Council of the City of Lodi in a regular meeting held October 6, 1982 Ayes: Council Member - Orson, Snider, Murphy, and Reid Noes: Council Member - Pinkerton Absents Council Member - None e ALICE M. REI HE City Clerk 0 82-112 A The $130 million Refunding Bond Ordinance would allow NCPA to advance refund the $55 million outstanding Shell Project #2 Bonds and/oar the DOE loan for either interest rate savings or legal defeasance. E NCPA cannot practically issue debt unless it has a take -or -pay commitment (Member Agreement) fro¢n the Participants in the project being financed to secure the debt. The only outstanding Member Agreement for the East Block Project is the East Block Second Phase Agreement which is currently limited to $5.5 million and is pledged to secure a $5.5 million bank loan from Continental Illinois National Bank and Trust Company_ The proposed $30 million Amendment to the East Block Second Phase Agree - went would provide the security to allow NCPA to borrow $30 million to repay the $5.5 million bank loan and fund construction costs and interest during construction of the East Block Project through Decenber, 1983. NCPA estimates that the remaining proceeds of the $5.5 bank loan will fund the costs of the East Block Project through December, 1982. Thus, NCPA must move quickly to secure more interim funding or the East Block Project will be delayed. REMAINING LEGAL STEPS To permanently finance the East Block Project, NCPA and the Participants will need to pass Third Phase Member Agreements, determine each Participant's East Block Project percentage participation and decide on a final plan regarding sharing of steam between Shell Project #2 and the East Block Project. Accomplishing these remaining steps as soon as possible will strengthen NCPA's position to negotiate the most advantageous plan of finance for the East Block Project. $150 million Construction Costs Including Interest During Construction of the 110 MW East Block Project S 50 million Construction Costs Including Interest During Construction of New Transmission which NCPA Might Build Jointly with PG&E $ 10 million NCPA`s Share of Costs of a Possible Joint Chemical Disposal Facility in the Geysers 5 10 million NCPA•s Share of Costs of a Possible Joint Maintenance Facility in the Geysers S 5 million Cost of a Possible NCPA Buy -In of PG&E Transmission Facilities $ 25 million Contingencies $ 50 million Bond Reserves and Financing Expenses $300 million TOTAL The above costs have all been estimated conservatively. The East Block Project will require geothermal steam from both the East Block and the Primary Area. NCPA Shell Project #2 currently has a first call on steam in both areas. To allow the financing of the East Block Project at reasonable terms, it might be advisable or necessary to advance refund the DOE loan and/or the $55 million outstanding Shell Project #2 Bonds to defease the legal covenants which create Shell Project #21s prior lien on steam. It also might be economical from an interest saving standpoint to advance refund the DOE loan and/or the $55 million outstanding Shell Project #2 Bonds. DESCRIPTION OF LEGAL STEPS REQUIRED TO FINANCE THE EAST BLOCK PROJECT At the August NCPA Commission meeting, the Commission approved release to the Participants of the following four Ordinances relating to the East Block Project: Description (1) $300 Million Note Ordinance (2) $300 Million Bond Ordinance (3). $130 Million Refunding Bond Ordinance (4) $30 Million Amendment to Second Phase Agreement Under.Cali€ornia Law, NCPA cannot issue debt for a project unless the Participants in the project have each approved an Ordinance authorizing the issuance of such debt. NCPA would like the flexibility to finance the East Block Project and those facilities related to it with either bonds, bond anticipation notes, bank loans, tax-exempt commercial -paper or demand notes. The $300 million Bond Ordinance and $300 million Note Ordinance provide NCPA with the flexibility to use any of these financing options.!/ The estimated $300 million is broken out as follows: *f NCPA would like the flexibility to temporarily finance the entire Project with tax exempt commercial paper or bond anticipation notes backed by a bank's irrevocable letter of credit. The final terms and :,•onditions of any IICPA debt are subject to Commission approval. E� (Notes This Ordinance to be adopted before Notes Ordinance.] �-t1 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF PUBLIC POWER REVENUE BONDS BY NORTHERN CALIFORNIA POWER AGENCY (GEOTHERMAL GENERATING PRCJECT 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 and certain other publ4c 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 has entered or will enter into agreements to acquire and construct (or to cause to be acquired and constructed) a project for the generation and transmission of electric energy con- sisting 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 improve- ments thereto that may be constructed from time to time, and inter - eats in certain other property and rights relating thereto, includ- ing, 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 out- standing at any one time in accordance with their terms in the esti- mated 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 financing 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 N Revenue Bonds may be required to complete the financing of 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 enti- ties 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 Agreements; 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 exer- cise 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 nor does this Ordinance commit the City of to take or pay for any capacity or energy of the Project. NOW, :'HEREPORE, the City Council ,1f the City of does ordain as follows: 1. The issuance and same 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. The proceeds from the sale of the Public Power Revenue Bonds hereby autho- rized are to be used for the acquisition, construction 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 0 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 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. 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. O THE FOREGOING ORDINANCE is approvede enacted and adopted by the City Council of the City of , this day of , 1982 . ATTESTt NOTICE OF ORDINANCE CITY OF ORDINANCE NO. ADOPTED BY THE CITY ON , 1982 SUBJECT TO REFERENDUM COUNCIL OF THE CITY OF N Notice is hereby given 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 referendum, as discussed below. Title ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF PUBLIC POWER REVENUE BONDS BY NORTHERN CALIFORNIA POWER AGENCY (GEOTHERMAL GENERATING UNITS #3 AND !4 PROJECT). Summary Pursuant to the Ordinance, the City Council has authorized the issuance and sale by Northern California P;,*er Agency (the "Agency") of its revenue bonds and evidences of indebtedness ("Public Power Revenue Bonds"), to mature on or before December 31, 2022, to be issued, from time to time, in one or more installments, in an estimate aggregate principal amount outstanding at any one time in accordance with their term of $300,000,000 and to bear interest at a probable overall rate of JW,,. t per annum. The actual interest rates on each installment of such Public Power Revenue Bonds or the method of determining such rates will be determined by the Commission of the Agency in accordance with law at the time of issuance of such installment. Notwithstanding such maximum aggregate principal amount of Public Power Revenue Bonds, the Agency is authorized, pursuant to the Ordinance, to issue additional principal amounts of its Public Power Revenue Bonds if and to the extent required to complete the financing of the Project discussed below. 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 cre- ated 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. The Agency, in accordance with the Joint Powers Act and the Agreement, has entered or will enter into agree- ments to acquire and construct (or cause to be acquired and constructed) a project for the generation and transmission of elec- tric 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 .. _ . x,.....,, ...... � ?��r?F�a.,a.Ez�:.ra�te�icE�-s+w�s-e�a.....�.:�,--.-.�.z.---_--•.->n.,o.: ,--c—__.:._�..�., _ _ . _ _ . � '�^-- e_ 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"). 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), pursuani: to which the enti- ties entering into such Member Agreements with the Agency (the "Participants".) will, in the aggregate, purchase options and/or rights to purchase and/or receive loot of the capacity and energy of the Project. The City Council heretofore has authorized, by ordi- nance, the issuance and sale by the Agency of its notes and evidences of indeW dress (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 cocr- struction or acquisition of the Project and for the purpose of pro- viding temporary financing of costs of acquisition and construction *of the Project. The Notes are to be payable from the proceeds of renewal Notes and the proceeds of the Public Power Revenue Bonds authorized by the Ordinance and, to the extent not so paid, may be payable from revenues of the Agency from the Project, including pay- ments to be made by the Participants under the Member Agreements. Neither the payment of principal of the Public Power Revenue Bonds nor any part thereof nor interest thereon will consti- tute a debt, liability or obligation of the City of s nor does the Ordinance commit the City of to take or pay for any capacity or energy of the Project. THE AGENCY PROPOSES TO ISSUE, IN ACCORDANCE WITH THE AGREE- MENT AND THE JOINT POWERS ACT, ITS PUBLIC POWER REVENUE BONDS TO PRO- VIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION AND FINANCING OF THE PROJECT. 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 AGREEMENTS. -2- .S' THE ORDINANCE AUTHORIZING THE ISSUANCE OF THE PUBLIC P%fER REVENUE 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, I'F 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 KPPLICABLE 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. -3- i (Note: Ordinance to be adopted aftat Bonds Ordinance.) ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF NOTES 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 and certain other public agencies created eursuant 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 has entered or will enter.into agreements to acquire and construct (or to cause to be acquired and constructed) a project for the generation and transmission of electric energy con- sisting of two 55 megawatt geothermal generating units and related facilities, includiry transmission, proposed to be constructed in Sonoma and Lake Counties, State of California, and capital improve- ments thereto that may be constructed from time to time, and inter- ests in certain other property and rights relating thereto, includ- ing, without limitation, such interest in the Agency's Geothermal Generating Project Number 2, as the Ageny 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 notes and other evidences of indebtedness (including renewal notes) ("Notes") to be outstanding at any one time in accordance with their terms in the estimated maximum aggregate principal amount of $300,000000, 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 financing of costs of acquisition and construction of the Project; and WHEREAS, the Agency proposes to issue its revenue bonds and evidences of indebtedness ("Public Power Revenue Bonds") for the pur- pose of providing funds for the acquisition, construction and financ- ing of the Project; and WHEREAS, notwithstanding the aforesaid estimated maximum aggregate principal amount of Notes proposed to be issued by the Agency for the Project and to be outstanding at any one time in accordance with their terms, additional Notes may be required complete the financing of the Projects and to WHEREAS, the Agency has entered or will enter into one or more agreements (the wMember Agreements") with certain entities (including two or more of the Members), pursuant to which the enti- ties 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 Projects and WHEREAS, the Notes are to be renewable from time to time and 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 pay- ments to be made by the Participants under the Member Agreements and WHEREAS-, in accordance with the Joint Powers Act, the exer- cise by the Agency of its power to issue the Notes is subject to the authorization of such issuance by the Members pursuant to Ordinance= and WHEREAS, neither the payment of principal of the Notes nor any part thereof nor interest thereon shall constitute a debt, liability or obligation of the City of t nor does this Ordinance commit the City of to take or pay for any capac- ity or energy of the Projects and WHEREAS, this City Council has authorized by Ordinance the issuance and sale by the Agency of its Public Power Revenue Bonds, the proceeds from the sale of which are to be used for the acqusi- tion, construction 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 authorized by this Ordinance when due. NOW, THEREFORE, the City Council of the City of does ordain as follows: 1. The issuance and sale by the Agency from time to time, in one or more installments, of its Notes (including renewal Notes) 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 Notes if and to the extent required to complete the financing of the Project. The proceeds from the sale of the Notes hereby authorized are to be used for the financing of costs of acquisition and c -instruction of the Project, including interest on the Notes. The Notes hereby authorized are to -2- o be renewable from time to time and such Notes, and premium, if any, and interest thereon, are to be payable from pro- ceeds of renewal Notes and the proceeds of Public Power Revenue Bonds of the Agency and, to the extent not so paid, may be payable from revenues of the Agency from the Project, including payments received by the Agency from the Participants under the Nember Agreements. 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. 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 by the City Council of the City of , this day of , 1982. ATTEST: -3- NOTICE OF ORDINANCE CITY OF ORDINANCE NO. ADOPTED BY THE CITY ON , 1982 SUBJECT TO REFERENDUM COUNCIL OF THE CITY OF Notice is hereby given 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 referendum, as discussed below. Title ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF NOTES BY NORTHERN CALIFORNIA POWER AGENCY (GEOTHERMAL GENERATING UNITS #3 AND #4 PROJECT). Su=ary Pursuant to the Ordinance, the City Council has authorized the issuance and sale by Northern California Power Agency (the *Agency") of its notes and other evidences of indebtedness (including renewal notes) ("Notes"), each to mature within ,ASPAW years from the date of issuance thereof, to be issued, from time to time, in one or more installments, in an estimated aggregate princi- pal amount outstanding at any one time in accordance with their terms If$300,000,000 and to bear interest at a probable overall rate of • per annum. The actual interest rates on each installment of such Notes or the method of determining such rates will be determined by the Commission of the Agency in accordance with law at the time of issuance of such installment. Notwithstanding such maximum aggregate principal amount of Notes, the Agency is authorized, pursuant to the Ordinance, to issue additional principal amounts of its Notes if and to the extent required to complete the financing of the Project dis- cussed below. 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 cre- ated 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. The Agency, in accordance with the Joint Powers Act and the Agreement, has entered or will enter into agree- ments to acquire and construct (or to cause to be acquired and constructed) a project for the generation and transmission of elec- tric energy consisting of two 55 megawatt geothermal generating units and related facilities, including transmission, proposed to be con- structed 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 21, as the Agency may determine (the "Project"). 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 enti- ties 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. The City Council heretofore has authorized, by ordi- nance,, the issuance and sale by the Agency of its Public Power Revenue Bonds to provide funds for the acquisition, construction and financing of the Project. 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, includ- ing payments to be made by the Participants under the Member Agreements. Neither the payment of principal of the Notes nor any part thereof nor interest thereon will constitute a debt, liability or obligation of the City of f nor does the Ordinance commit the City of to take or pay for any capacity or energy of the Project. THE AGENCY PROPOSES TO ISSUE, IN ACCORDANCE WITH THE AGREE- MENT AND THE JOINT POWERS ACT, ITS NOTES (INCLUDING RENEWAL 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 FINANCING OF COSTS OF ACQUISITION AND CONSTRUCTION OF THE PROJECT. THE NOTES ARE TO BE PAYABLE FROM THE PROCEEDS OF RENEWAL NOTES AND FROM 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. THE ORDINANCE AUTHORIZING THE ISSUANCE OF THE NOTES IS SUBJECT TO REFERENDUM. UPON PRESENTATION (WITHIN THE TIME PERIOD SPECIFIED BY 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 THE ORDINANCE VOTE IN FAVOR OF IT. THE FOREGOING DESCRIPTION OF THE PROCEDURES FOR REFERENDUM IS BASED UPON THE APPLI- CABLE 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. -2- '�A�i�w.f...x.3��.:?��'y'.A3'd.::t�":�:;Y"mat`'i�'.Tf�.';i.4yy,v..«..'�-� �..'.�-rs.Rw.et'ev+rvn.J 9v'+:i�:K�'F5!!+...: -e .>�suc i Cyt•.-.. ..:M:S�'{C!i/iL'S��'Diw'�.a .. _ . [Ordinance authorizing Refunding Bonds] ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF PUBLIC POWER REVENUE REFUNDING BONDS BY NORTHERN CALIFORNIA POWER AGENCY C WHEREAS, pursuant to the provisions of Chapter 5, Division 7, Title 1 of the Government Code of the State of Calif ornia, as amended (the "Joint Powers Act*), the City of and certain other public agencies created ?ursuant 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 has entered or will enter into agreements to acquire and construct (or to cause to be acquired and constructed) a project for the generation and transmission of electric energy con- sisting of certain geothermal generating units (known as Geothermal Project Number 2) and related facilities, and capital improvements thereto that may be constructed from time to time, and interests in certain other property and rights relating thereto ("Project Number 2"); and WHEREAS, the Agency has heretofore issued its $40,000,000 Public Power Revenue Bonds, 1981 Series A, and its $151000,000 Public Power Revenue Bonds, 1982 Series A, and has assigned to the Bank of Montreal (California) (the "Bank") its rights to receive certain pay- ments under the member agreement relating to Project Number 2, to secure the obligation of th Northern California Municipal Power Corporation No. Two (the "Corporation") to the Bank under a Loan Agreement wherein the Corporation has borrowed the amount of $45,000,000 from the Bank, such loan guaranteed by the United States Department of Energy, all to finance a portion of the costs of con- struction and acquisition of Project Number 2 (together, the "Outstanding Indebtedness"; and WHEREAS, the Agency is considering the construction of an additional 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 '"tel captial improvements thereto that may be constructed from time, and interests in certain other property and rights thereto ("Project Number 30); and time to relating 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 refunding bonds and evidences of indebtedness (including refunding bonds) ("Public Power Revenue Refunding Bonds") to be outstanding at any cne time in accordance with their terms in the estimated maximum aggregate principal amount of $125,000,000, for the purpose of providing funds for the refinanc- ing of all or a portion of the Outstanding Indebtedness; and WHEREAS, notwithstanding the aforesaid estimated maximum aggregate principal amount of Public Power Revenue Refunding Bonds proposed to be issued by the Agency for the Project and to be out- standing at any one time in accordance with their terms, additional- Public dditionalPublic Power Revenue Refunding Bonds may be required to complete the refinancing of all or a portion of the Outstanding Indebtedness; 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 enti- ties entering into such Member Agreements with the Agency (the "Participants") will, in the aggregate, purchase options and/or rights to purchase and/or receive 1008 of the capacity and energy of Project Number 2, and, if so determined by the Agency, Project Number 3; and WHEREAS, the Public Power Revenue Refunding 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 Project Number 2, and, if so determined by the Agency, Project Number 3, including pay- ments to be made by the Participants under the Member Agreements; and WHEREAS, in accordance with the Joint Powers Act, the exer— cise by the Agency of its power to issue the Public Power Revenue Refunding 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 Refunding Bonds nor any part thereof nor interest thereon shall constitute a debt, liability or obligation of the City of ; nor does this Ordinance commit the City of to take or pay for any capacity or energy of the Project. NOW, THEREFORE, the City Council of the City of does ordain as follows: 1. The issuance and sale by the Agency, from time to time, in one or more installments, of its Public Power -2- i Revenue Refunding Bonds outstanding at any one time in accordance with their terms in a maximum aggregate princi- pal amount of $125,000,000 is hereby authorized. Notwithstanding such maximum aggregate principal amount, the Agency is hereby authorized to issue additional princi- pal amounts of its Public Power Revenue Refunding Bonds if and to the extent required to complete the refinancing of the Project. The proceeds from the sale of the Public Power Revenue Refunding Bonds hereby authorized are to be used for the refinancing of all or a portion of the Outstanding Indebtedness, including interest on such Bonds, deposits to reserves, all expenses incident to the calling retiring, or payment of any or all of the Outstanding Indebtedness, including the costs of issuing such Bonds and any premium necessary in the calling or retiring of the Outstanding Indebtedness. The Public Power Revenue Refunding 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 Refunding. Bonds and from revenues of the Agency from Project Number 2, and, if so determined by the Agency, Project Number 3, including payments received by the Agency from the Participants under the Member Agreements, 2. Pursuant to Section this Ordinance is subject to prescribed by Section 3751.7 State of California. 6547 of the Joint Powers Act, the provisions for referendum of the Elections Code of the 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. 0 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 by the City Council of the City of , this day of , 1982. ATTEST: -3- �1 NOTICE OF ORDINANCE CITY OF ORDINANCE N0, ADOPTED BY THE CITY ON , 1982 SUBJECT TO REFERENDUM COUNCIL OF THE CITY OF Notice is hereby given 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 referendum, as discussed below. Title ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ISSUANCE OF PUBLIC POWER REVENUE REFUNDING BONDS BY NORTHERN CALIFORNIA POWER AGENCY Summary Pursuant to the Ordinance, the City Council has authorized the issuance and sale by Northern California Power Agency (the "Agency") of its revenue refunding bonds and evidences of indebted - nes ("Public Power Revenue Refunding Bonds"), to mature on or before o be issued, from time to time, in one or more install - men , in an estimate aggregate principal amount outstanding at any one time in accordance with their terms of $125,000-,000 and to bear interest at a probable overall rate of 1,4o. % per annum. The actual interest rates on each installment of such Public Power Revenue Refunding Bonds or the method of determining such rates will be determined by the Commission of the Agency in accordance with law at the time of issuance of such installment. Notwithstanding such maxi- mum aggregate principal amounts of Public Power Revenue Refunding Bonds, the Agency is authorized, pursuant to the Ordinance, to issue additional principal amounts of its Public Power Revenue Refunding Bonds if and to the extent required to complete the financing of the Project discussed below. The Agency was created pursuant to a Joint Powers Agreement, as amended (the "Agreement"), heretofore enteredinto between the City of and certain other public agencies cre- ated 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. The Agency, in accordance with the Joint Powers Act and the Agreement, has entered or will enter into agree- ments to acquire and construct (or cause to be acquired and constructed) a project for the generation and transmission of elec- tric energy consisting of certain geothermal generating units (known as Geothermal Project Number 2) and related facilities, and capital improvements thereto that may be constructed from time to gime, and interests in certain other property and rights relating thereto ("Project Number 20). The Agency has heretofore issued ites $40,000,000 Public Power Revenue Bonds, 1981 Series A, and its $15,000,000 Public Power Revenue Bonds, 1982 Series A, and has assigned to the Bank of Montreal (California) (the "Bank") its rights to receive certain payments under the member agreement relating to Project Number 2, to secure the obligation of the Northern California Municipal Power Corporation No. Two (the "Corporation") to the Bank under a Loan Agreement wherein the Corporation has borrowed the amount of $45,000,000 from the Bank, such loan guaranteed by the United States Department of Energy, all to finance a portion of the costs of construction and acquisition of Project Number 2 (together, the "Outstanding Indebtedness"). The Agency is considering the con- struction of an additional project for the generation and transmis- sion of electric energy consisting of two 55 megawatt geothermal gen- erating units and related facilities, including transmission, pro- posed 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 ("Project Number 30). 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. Neither Che payment of principal of the Public Power Revenue Refunding Bonds nor any part thereof nor interest thereon will constitute a debt, liability or obligation of the City of t nor does the Ordinance commit the City of to take or pay for any capacity or energy of the Project. THE AGENCY PROPOSES TO ISSUE, IN ACCORDANCE WITH THE AGREE- MENT AND THE JOINT POWERS ACT, ITS PUBLIC POWER REVENUE REFUNDING BONDS TO PROVIDE FUNDS FOR THE REFINANCING OF ALL OR A PORTION OF THE OUTSTANDING INDEBTDENESS. THE PUBLIC POWER REVENUE REFUNDING 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 PROJECT NUMBER 2 AND, IF SO DETERMINED BY THE AGENCY, PROJECT NUMBER 3, INCLUDING PAYMENTS TO BE MADE BY THE PARTICIPANTS UNDER THE MEMBER AGREEMENTS. -2- TBE ORDINANCE AUTHORIZING TBE ISSUANCE OF TSE PUBLIC POS = REVENUE REFUNDING BONDS IS SUBJECT TO REFERENDUM. UPON PRESENTATION (WITHIN THE TIME PERIOD SPECIFIED BY LAW) OF A PETITION (BEARING SIG- NATURES, IN AT LEAST TBE NUMBER REQUIRED BY THE LAW) PROTESTING AGAINST THE ADOPTION OF TEE 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 TBE VOTERS VOTING ON THE ORDINANCE VOTE IN FAVOR OF IT, THE FOREGOING DESCRIPTION OF THE SES FOR REFEREM M IS BASED UPON TBE APPLICABLE REFERENDUK PROVISIONS OF THE CALIFORNIA 3LECTIONS 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. -3- [Ordinance approving amendment to Shell Second Phase Agreement] ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NO. TWO TO THE MEMBER AGREEMENT (SECOND PHASE) FOR FINANCING AND DEVELOPMENT ACTIVITIES OF THE SHELL EAST BLOCK GEOTHERMAL PROJECT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND CERTAIN PARTICIPATING'MEMBERS, AND AUTHORISING THE EXECUTION OF AND DELIVERY OF SAID AMENDMENT BY OFFICERS OF THE CITY OF WHEREAS, pursuant to the provisions of Chapter 5, Division 7, Title - 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 (the "Agreement".), as amended, creating the Northern California Public 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 participating members of the Agency (the "Project Members".) have entered into the Member Agreement (Second Phase) for Financing of Planning and Development Activities of the Shell East Block Geothermal Project., dated as of June 1, 1981, as amended by Amendment No. One thereto, dated June 1, 1981 (herein called the ".Principal Agreement"); and WHEREAS, pursuant to Section 6 of the Principal Agreement, each Project Member agreed to a total financing commitment for its respective percentage participation of a total sum, including payments and advances theretofore made, of up to $5,500,000 in cost as authorized and approved by the Project Membersl and WMERSAS, pursuant to Section 6 of the Principal Agreement, the Project Members may, from time to time as needs arise, authorize an increased financial commitment above $5,500,000 which can be shown to support the completion of the Project] and WHEREAS, it has been determined by the Agency and the Project Members, that it is necessary to increase the financial oom- amitment of each Project Member for its respective percentage partici- pation of the total sum in order to complete the Project to the prin- cipal amount of $30,000,000 plus amounts necessary to pay interest expense on such principal amountl and HHEREAS, the Agency and the. Project Members have determined to amend the Principal Agreement so as to clarify the definition of the term !Project" thereint and WHEREAS, the Agency and the Project Members have determined to amend the Principal Agreement so as to clarify which ".costs' are authorized by the Project Members= and WHEREAS, the Agency and the Project Members have determined to amend the provisions of the Principal Agreement regarding the term of the Principal Agreement; and WHEREAS, this City Council finds and determines that it is in the best interests of the customers of the electric system of the City of for the City of that the Principal Agreement be so amended: NOW, THEREFORE, the City Council of the City of does ordain as follows: 1. The City Council hereby finds and determines that Amendment No. Two to the principal Agreement be, and the same is hereby, approved. 2. The and are authorised to execute and deliver said Amendment by and on behalf of the City of 3. Pursuant to Section 54241 of the Government Code of the State of California, this Ordinance is subject to the provisions for referendum applicable to the City of 4. The City Clerk shall certify to the enactment of this Ordinance and shall cause this Ordinance to be published in accor- dance with Section 54242 of the Government Code of .the State of California. 5. Thirty (30) days from and after its enactment, this Ordinance shall take effect and be in full force, in the manner pro- vided by law. ADOPTED by the City Council an signed by the and attested by the this — day of , 1982. of the City of Attests r", AMENDMENT NO. TWO TO XEMBER AGREEMENT (SECOND PHASE) FOR FINANCING OF PLANNING AND DEVELOPMENT ACTIVITIES OF THE SHELL EAST BLOCK GEOTHERMAL PROJECT This Amendment No. Two, made as of , 1982, by and between the Northern California Power Agency (tNCPA") , a joint powers agency of the State of California, and its members who execute this Agreement (the '.Project Members"), WITNESSETH: WHEREAS, the parties hereto have executed the "Member Agreement (Second Phase) f or Financing of Planning and Development Activities of the Shell East Block Geothermal Project", dated as of June 1, 1981, as amended by Amendment No. One thereto, dated June 1, 1981 (herein called the ".Principal Agreement.."e); and WHEREAS, pursuant to Section 6 of the Principal Agreement, each Project Member agreed to a total financing commitment for its respective percentage participation of a total sum, including pay- ments and advances theretofore made, of up to $5,500,000 in costs as authorized and approved by the Project Members; and WHEREAS, pursuant to Section 6 of the Principal Agreement, the Project Members may, from time to time as needs arise, authorize an increased financial commitment above $5,500,000 which can be shorn to support the completion of the Project; and WHEREAS, it has been determined by NCPA and the Project Members that it is necessary to increase the financial commitment of each Project Member for its respective percentage participation of the totaljsum in order to complete the Project to the principal amount of $30,000,000 plus amounts necessary to pay original issue discount and interest expense on such principal amount as determined by the Commission; and WHEREAS? NCPA and the Project Members have determined to amend the Principal Agreezaent so as to clarify the definition of the term ",Project,,", therein; and WHEREAS, NCPA and the Project Members have determined to amend the Principal Agreement so as to clarify which .".costs' are authorized by the Project Members; and WHEREAS, NCPA and the Project Members have determined to amend the provisions of the Principal Agreement regarding the term of the Principal Agreement; and -.uu•�+.w.y-.v.. .... ��.�=.:s+as�msxi�7.+�-,�.�«-..�... .._..-_. _... _.�.:,.:vr�: .-. -a.: r:�..,.r.....z.,. � .. .... �1 WHEREAS, this Agreement shall not take effect execution and delivery by each of the Project Membersf NOW THEREFORE, the parties hereto agree as follows: unti 1 SECTION 1. Pursuant to the provisions of Section 6 of the Principal Agreement, the financial commitment of each Project Member for its respective percentage participation of the total sum shall be increased to the principal amount of $30,000000, plus amounts neces- sary to pay interest expense on such principal amount. SECTION 2. The defined term ".Project" shall include, in addition to the meaning ascribed thereto in the Principal Agreement, two 55 megawatt geothermal generating units and related facilities, including transmission, proposed to be constructed in Sonoma and Lake Counties, California, and capital improvements thereto that may be constructed from time to time, and interests in certain other prop- er ty and rights relating thereto. SECTION 3. Costs authorized by the Project Members shall include, but shall not be limited to, all costs of 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 financing of costs of construction or acquisition of the Project, including engineering, inspection, legal and fiscal agents' fees and costs of issuance and sale of any notes or other evidences of indebtedness. SECTION 4. Section 5 of the Principal Agreement is hereby amended to read in full as follows: ".Section 5. arm.. This Agreement shall take effect on June 1, 1981, or whenever executed by NCPA members hold- ing 85% of the initial percentage participation, whichever is later, and it shall not take effect at all if not in effect by August 1, 1981. This Agreement shall not be binding upon Plumas-Sierra Rural Electric Cooperative until approved in writing by the Administrator of Rural Electrification Administration. This Agreement shall be superseded upon the first issuance of Project bonds by the Final Power Contract in which Project Members shall enter any time prior to the issuance of the Project bonds, pursu- ant to Section 2, except that Section 4 shall remain in effect. Changes in this provision, except as to Section 4, shall be in accordance with Section 3 hereof." SECTION 5. This Agreement shall take effect upon its exe- cution and delivery by each of the Project Members. IN WITNESS WHEREOF, each Project Member has executed this Agreement with the approval of its governing body, and caused its official seal to be affixed, and NCPA has authorized this Agreement in accordance with the authorization of its Commission. 7 0 0 , NORTHERN CALIFORNIA POWER AGENCY By: By: CITY OF ALAMEDA By: By: CITY OF BIGGS BY: By: CITY OF GRIDLEY By: By: J.. CITY OF REDDING By: By: CITY OF BEALDSBURG BY: By: CITY OF LODI By: By: CITY OF LOMPOC BY: By: CITY OF PALO ALTO BY: By: CITY OF UKIAH By: By P CITY OF ROSEVILLE PLUMAS-SIERRA RURAL ELECTRIC _ o COOPERATIVE By By: CITY OF SANTA CLARA By: By: By: By: * Budget figures NCPA EXPENDITURES Year Development Fund Other Total 1975-76 $163,250* $163,250 1976-77 97,950* 97,950 1977-78 130,600k 130,600 1978-79 130,600 $ 69,619 200,219 1979-80 130,600 177,749 308.349 1"0-81 287,5" 202,764 490,328 1981-82 287,564 346,827 634,391 Sub -totals: $1,228,128 $796,959 02,025,087 1982-83 143,782 140,000 283,782 to 10/6/82 $1,371,910 $936,959 $21308,869 * Budget figures NCPA PROJECT_ SUMMARY i Maximum, if project is refinanced. �`$14.6M at this time 3 Based on 1/2 allocation (10 MW). Past assessments refunded to NCPA Development Fund. Estimated.. F'G`+-7NY•.._h�. . . As \5 1 1 J 2Pt � v4 ff 2 - b y. - �t 10/6/82 M-7, Jt 1 -r Lodi Commercial Amortization Lodi Portion Assessments Operation Debt (Est.) Period Lodi % of Debt to Date Project Date (Schell.) $M Years Participation $M $M NCPA 1 (RFI.) 1.5 2.5 14.56 0.22 1.11 NCPA 2 (Shell) 1983 1301 25 14.56 18.93 1 2 None 4 NCEA 3 (Shell) 1986 175 25 9.163 16.03 3 None Calaveras (CCWD) 1987 600 36 10.37 62.22 .40 Icings River 1988 65 305 11.12 7.23 None TOTALS: $104.63M $1.51M i Maximum, if project is refinanced. �`$14.6M at this time 3 Based on 1/2 allocation (10 MW). Past assessments refunded to NCPA Development Fund. Estimated.. F'G`+-7NY•.._h�. . . As \5 1 1 J 2Pt � v4 ff 2 - b y. - �t 10/6/82 M-7, Jt 1 -r CITY 'fOUNCIL HENRY A. CLAVES. }► � j T City Manager r FRED M. RE ID, Maroc CITY OF L O� I ALICE M REWICHE ROBERT C. MURPHY, f Mara Pro Tempore CITY HALL. 221 WEST PINE STREET City Clerk EVELYN M. OLSON POST OFFICE BOX 320 RONALD M. STEIN JAMES W. PINKERTON. If. LODI. CALIFORNIA 95241 City Attorney E JOHN R. IRandy) SNIDER (209) 334.5634 # t 1knrember 8, 1982 Gail Sipple NCPA 8421 Auburn Blvd., Suite 160 Citrus heights, CA 95610 Re: Shell Project No 3 (East Block) Pursuant to your September 11 1982 letter, enclosed herewith please find: 1. A Certified Executed oopy of each Ordinance (Ordinance No. 1273, 12740 1275, and 1276). 2. Proof of Publication of each Ordinance. 3. Proof of Publication of the Notice of Adoption. 4. Executed copy of Amendment No. Two to Member Agreement (Seoond Phase for Financing and Planning and Development Activities of the Shell East Block Geo`-.hermxl Project. 5. A Certified copy of the Minutes of October 27, 1982 adopting the subject Ozd nances. Very truly yours, Alice M. Reimche City Clerk AMR: jj fir.:... .. ... .... ..u....wW+LA'Ci S$ -'u-: •. S••:�.�.V+i: i^.;�. ..�•.v K: fw:f'!SiK �'%. .),�.. i-� S .: �:.1 ��� .:•P✓�.. .. ..�.. �. ORDIahWE P:O. 1273 t" ORDnW= OF TBE CITY acUNCIL OF THz CITY OF LODI ALMIOR- IZING TITS ISSUANCE OF PUBLIC PCXR Ra'VFNM BO��?S BY I00ATEIERYi CALIMRNLA PC tM AGENrY (GJO► EMNIAL GFn' ERATING PRWECT W4Br^.R 3) WHEREAS, pursuant to the provisiazs of Chapter 5, Division 7, Title 1 of the Gav rmunent Code of the State of California, as amended (the "Joint Poc,,ers Act") , the City of Lodi and certain otter public agencies created pursuant to the laws of the State of California (collectively, the "Members"), have entered into a Joint Pow-ers Agreement, as amended (the "Agreement") , creating the Northern California Power Agency (the "Agency") , a public entity separate and apart frocn- the Members; and SAS, in accordance with the Agreement and the Joint Powers Act, the Agency has entered or will enter into agrements to acquire and construct (or to cause to be acquired and constructed) a project for the generation and i of electric energy consisting of two 55 megawatt geothermal gener4';tinq units and related facilities, including transmission, Proposed to be constructed in Sonoma and Latae Counties, State of California, and capital inprovmits thereto that may be constructed from time to time, and interests in certain other pzopesb. land rights relating thereto, including, without limitation, such interest in the Agency's Geothermal Generating Project Number 2, as the icy may determine (the "Project") ; and - -umm,, the Agency proposes to issue, in accordance with the Agreernent and the Joint Powers Act, from time to time, in one or more installments, its revue bonds and evidences of indebtedness (including refunding bonds) ("Pubic Power Rtwemue Bonds") to be outstanding at any one time in accordance with their terms in the estimated maximum aggregate principal amount of $300, 000, 0 0 0, for the purpose of providing funds for the acquisition, construction and financing of the Pn*ct, and ice, the Agency also proposes to issue its notes and other evidences of s (including renewal notes) ("Notes") for the purpose of financing studies„ the aoquisiti omt of optionsp permits, and other preliminary costs to be incurred prior to the undertaking of the construction or acquisition of the Project amd for the purpose of providing temporary financing of costs of acgli-s-ilica and constriction of the Project; and SAS, 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, additiam-1- Public Power Revenue Bonds may be required to complete the financing of the Prajmt; and IMMMAS, the Agency has entered or will enter into one or more agreements (the ember Agreements") with certain entities (including two or more of the Members), pursuant to which the entities entering into such Member Agreements with the Age (the "Participants") will, in the aggregate, purchase options and/or rights to ;purchase and/or receive 1008 of the capacity and energy of the Project; i and - - 1 - IMEEMS, the Public Power Revenue Bonds are to be payable from ft ids held in . trust for the benefit of the holders of such Bonds and from revenues of the Agency iron the Project, including payments to be made by the participants under time Ikmber Agreeamts; and WOZEAS, the Notes are to be payable frau proceeds of renewal totes and the proceeds of the Public Poser Revenue Bonds and, to the extent not so paid, may be payable from revenues of the Agency from the Project, including payr:onts to be mach by the Participants under the tlember Agreements; and SAS, in accordance with the Joint Powears 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 wabers pursuant to Ordinance; and neither the payment of principal of the Public Pacer Revenue Bonds nor any part thereof nor interest thereon shall constitute adebt, liability or obligation of the City of Lodi; nor does this Ordinance commit the City of Lodi to take or pay for any capacity or energy of the Project. NOW, THEREFORE, the City Council of the City of Lodi does ordain 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 authoarized. Notwithstanding such m aximmtin aggregate principal amount, the Agency is hereby authorized to issue addittio-ma]. _ . principal. amounts of its Public Power Revenue Bonds if and to the extent required *bo complete the financing of the Project. Time proceeds from the sale of the Public Power Revenue Bonds hereby authorized are to be used for the acquisition, construction and financing of the Project, including interest on such Boards and deposits to reserves, and to pay the principal, premium, if any, and interest on the Notes of the Agency when clue. Tice Public Prower Revenue Bonds hereby authorized, and premium and interest thereon, are to be payable froom, and secured by, funds held in trust for the ioniefit of the holders of Public Power Revenue Bonds and from revenues of the Agency from the Project, including paynents received by the Agency from the Participants under the Member Agreements. 2. Pursuant to Section 6547 of the Joint Powers Act, this P . Ordinance is subject to the provisions for referer�deum prescribed by Section 3751.7 of the Elections Code of the -. State of California. 3. Rime 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 Gavezrrnnt 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. - -- .......,.�.•r,}---. _ ..__...._.__.._..:.....-.....,.,...._......... _._. _:. __ _ .. ,. key,...:_ ..� ,, wn .., _v.,�XrLibU.. ---- - 4f1iN+Ma.-.�.,..,.......,....a._.......,,...,�,,, 0 THE FoRD00IILJRDIwm i a approved, enacted a adopted by the City Council of the City of Lodi, this 27th day of October, 1982. ATTEST: Alice M. Reimdhe City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, -do icy certify that Ordinance No.1273-was introduced at a regular meeting of the City Council of the City of Lodi held October 6, 1982 and was thereafter passed, adopted and ordered to print at an adjourned regular meeting of said Council held October 27, 1182 by the following wtei Ayes: . Council Members - 01son, Reid, fka-p iy, - . •• Pinkerton, and Reid (Mayor) Noes: Council Va*ers -- None Absent: Council Members Nome Abstain: Council Mwbers - None I further certify that OzAim = No. 1273 -was approved and signed by the Mayor on the data of its passage and the sane has been published pursuant to law. � - Al'000h _/ city Clerk -3- NOTICE OF ORDINANCE SUBT TO REFERENDUM CITY OF LODI ORDINANCE NO. 1273 ADDPTED BY THE CITY COUNCIL OF THE CITY OF LODI' ON OCTOBER 27, 1982 Notice is hereby given that at an adjourned regular meeting of the f City Council of the City of Lodi (the•"City Council"), held on October 27, 1982, Ordinance No. 1273 (the "Ordinance") was adopted. The title and a summary of the Ordinance are set forth below. The Ordinance is subject to referendum, as discussed below. ° y Title a "_ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AUTHORIZING THE ISSUANCE OF PUBLIC POWER REVENUE BONDS BY NORTHERN CALIFORNIA POWER AGENCY t (GEOTHERMAL GENERATING UNITS #3 AND 14 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 and a idences'of indebtedness.( "Public Power.Revenue Bonds to to " mature on or before December 31, 2022, to be issued, from time to time, in one or more install- ments, in an estimate aggregate principal amount outstanding at any one time in accordance t it with the terms of ;300,000,000 and to bear interest ata probable overall rate of 13% per annum. The actual interest rates on each installment of such Public Power Revenue Bonds or the method of determining such rates will be -determined by the Commission of the Agency in accordance with law at the time of issuance of such installment. Notwithstanding such maximum aggregate principal amount of Public Power Revenue Bonds, the Agency is authorized, pursuant to the Ordinance, to issue additional principal amounts of its Public Power Revenue Bonds if and to the extent required to complete the .financing of the Project discusses below. 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. The Agency in accordance with the Joint Powers Act and the Agreement, has entered or will enter, into agreements to acquire and construct (or cause to be acquired and constructed) 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"). 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. The City. Council heretofore has authorized, by ordinance, the issuance and sale by the Agency of its notes and evidences of indebtedness (including renewal- notes) ("Notes") for the -4- of financing studie0the acquisition of options, peQts, and other preliminary tt E costs to be incurred prior to the undertaking of the construction or acquisition of the Project and for the purpose of providing temporary financing of costs of {- acquisition and construction of the Project. The Notes are to be payable from the proceeds of.renewal Notes and the ;proceeds of the Public Power Revenue Bonds authorized by the Ordinance 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. F: r Neither the payment of principal of the Public Power Revenue Bonds nor any part thereof nor interest thereon will constitute a debt, liability or obligation of the City of Lodi; nor does the Ordinance commit the City of Lodi to take or pay for any capacity or energy of the Project. THE AGENCY PROPOSES TO ISSUE, IN ACCORDANCE WITH THE AGREE14ENT AND THE JOINT POWERS ACT, ITS PUBLIC POWER REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTIOFt AND FINANCIKG OF THE PROJECT. 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 AGREEMENTS. THE ORDINANCE AUTHORIZING THE ISSUANCE OF THE PUBLIC POWER REVENUE BONDS IS SUBJECT TO REFERENDUM. UPON PRESENTATION (WITHIN THE.TIME PERIOD SPECIF;rD BY LAW) OF A PETITION (BEARING SIGNATURES, IN AT LEAST THE NUMBER REQUIRED BY ?HE LAW) PROTESTING AGAINST THE ADOPTION OF THE ORDINANCE, THE CITY COUNCIL. IS REgUIRED 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 ORDI"NANCE SHALL 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. TTtE tOtEM'' DOCINEPT ►S CERT1nEt1 70 BE AL^i.::iri CG O.r 1Nt� E►:<IG'NAL ON FILE l!V 1'H:3 Geri 'i TIP 1� • r L001 D TY ClEhi:, ' C 8Y 0 L ORDINANCE NO. 1274 r ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AUTHORIZING THE ISSUANCE OF NOTES BY NORTHERN CALIFORNIA POWER AGENCY (GEOTHERMAL GENERATING PROJECT 04BER 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 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 Agreemaiit, 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 has entered or will enter into agreements .to acquire and construct (or cause to be acquired and constructed) 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 notes and other evidences of indebtedness (including renewal notes) ("Notes") 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 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 financing of costs of acquisition and construction of the Project; and WHEREAS 1 the Agency proposes to issue its revenue bonds and evidences of indebtedness t"Public Power Revenue Bonds") for the purpose of providing funds for the acquisition, construction and financing of the Project; and WHEREAS, notwithstanding' the aforesaid estimated maximum aggregate principal amount of Notes proposed to be issued by the Agency for the Project and to be outstanding at any one time in accordance with their terms, 'additional Notes W 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 Notes are to be renewable from time to time and 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 L11 Agreements; and WHEREAS, in accordance with the Joint Powers Act, the exercise by the Agency of its power to issue the Notes is subject to the authorization of such issuance by the Members pursuant to Ordinance; and WHEREAS, neither the payment of principal of the Notes nor any part thereof nor interest thereon shall constititue a debt, liability or obligation of the City of Lodi; nor does this Ordinance commit the City of Lodi to take or pay for any capacity or energy of the Project; and WHEREAS, THIS City Council has authorized by Ordinance the issuance and sale by the Agency of its Public Power Revenue Bonds, the proceeds from the sale of which are to be used for the acquisition, construction 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 authorized by this Ordinance when due. NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: 1. The issuance and sale by the Agency from time to time, in one or more installments, of its Notes (including renewal Notes) out- standing 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 Notes if and to the extent required to complete the financing of the Project. The proceeds from the sale of the Notes hereby authorized are to be used for the financing of costs of acquisition and construction of the -Project, including interest on the Notes.' The Notes hereby authorized are to be renewable from time to time and such Notes, and premium, if any, and interest thereon, are to be payable from proceeds of renewl Notes and the proceeds of Public Power Revenue Bonds of the V. ncy and, to the extent not so paid, may be payable 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 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. 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. '► .,...� ....w,,,...�..�....._-�_----,vim...,...-.--..... -----, ° ° THE FOREGOING ORDINANCE is approved, enacted and adopted by the City Council of the City of Lodi, this 27th day of October, 1982. Fred H. Reid Mayor ATTEST: koz.j Alice M. eimche 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. 1274 was introduced at a regular meeting of the City Council of the city of Lodi held October 6, 1982 and was thereafter passed, adopted and ordered to print at an adjourned regular meeting of said Council held October .27, 1982 by the following vote: Ayes: Council Members - Olson, Snider, _ Murphy, Pinkerton, �• and Reid Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None I further certify that Ordinance No. 1274 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. AIC )/ M. REIM E City Clerk a NOTICE OF ORDINANCE SUBJECT TO REFERENDUM CITY OF LODI ' ORDINANCE NO. 1274 ADOPTED BY THE CITY COUNCIL OF THE CITY OF LODI ON OCTOBER 27, 1982 Notice is hereby given that at an adjourned regular meeting of the \ City Council of the City of Lodi (the "City Council"), held on October 27,-1982, Ordinance No. 1274 (the "Ordinance") was adopted. The title and a summary of the Ordinance are set forth below. The Ordinance is subject to referendum, as discussed below. Title ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AUTHORIZING THE ISSUANCE OF NOTES BY NORTHERN CALIFORNIA P014ER AGENCY (GEOTHER,�tAL GENERATING UNITS #3 AND 14 PROJECT). Summary 6 Pursuant to the Ordinance, the City Council has authorized the issuance and sale by Northern California Power Agency (the "A ency") of its notes and other evidences of indebtedness (including renewal notes) "Notes"), each to mature within seven years from the date of issuance thereof, to be issued, from time to time, in one or more installments, in an estimated aggregate principal amount outstanding at any one time in accordance with their terms of $300,000,000 and to bear interest at a•probable overall rate of 11% per annum. The actual interest rates on each installment of such Notes or the method of determining such rates will be determined by the Commission of the Agency in accordance with law at the time of issuance of such installment. Notwithstanding such maximum aggregate principal amount of Notes, the Agency is authorized, pursuant to the Ordinance, to issue additional principal amounts of its Notes if and to the extent required to complete the financing of the Project discussed below. 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. The Agency, in.accordance. with the Joint Powers Act and the Agreement, has entered or will enter into agreements to acquire and construct (or to cause to be acquired and constructed) a project for the generation and transmission bf 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 Project Number 2, as the Agency may determine (the "Project"). 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. The City Council heretofore has authorized, by ordinance, the issuance and sale by the Agency of its Public Power a- _.•.r:sq>.e»9t*/dwNytitYVAFkdf%F%cMnMavi°'r...,._..—.._.._ _._. ._._a..._.__._�.._...,.�.. Aevenue Bonds to provide funds for the acquisition, construction and financing of the Project. 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 Agreements. Neither the payment or principal of the Notes nor any part thereof nor interest thereon will constitute a debt, liability or obligation of the City of Lodi; nor does the Ordinance commit the City of Lodi to take or pay for any capacity or energy of the Project. THE AGENCY PROPOSES TO ISSUE, IN ACCORDANCE WITH THE AGREEMENT AND THE JOINT POWERS ACT, ITS NOTES (INCLUDING RENEWAL 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 FINANCING OF COSTS OF ACQUISITION AND CONSTRUCTION OF THE PROJECT. THE NOTES ARE TO BE PAYABLE FROM THE PROCEEDS OF RENEWAL NOTES AND FROM THE PROCEEDS OF THE PUBLIC POWER REVENUE BONDS AND, TO THE EXTENT.NOT SO PAID, MAYBE PAYABLE FROM REVENUES OF THE AGENCY FROM THE PROJECT, INCLUDING PAYMENTS TO BE MADE BY THE PARTICIPANTS UNDER THE MEMBER AGREEMENTS. THE ORDINANCE AUTHORIZING THE ISSUANCE OF THE NOTES 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 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'ELECTIOSN CODE AND THE CALIFORNIA GOVERNMENT'CODE FOR A COMPLETE STATEMENT OF SUCH PROVISIONS. THE FOREGC1:40 DOCUMEI'lT 1S CERTIFIED . TO BE A CC..%::.CT CO. YY OF THF MGM& ON FILE 1A TH:S G'FI E. JU3 'T'i js;l-lNI pfpilTY RY CLEicAt t'f LO BY �'/ DAJ 1:12 �L ORDINANCE 110. 1275 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AUTHORIZING THE ISSUANCE OF PUBLIC POWER REVENUE REFUNDING BONDS BY NORTHERN CALIFORNIA POWER AGENCY 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 has entered or will enter into agreements to acquire and construct (or to cause and to be acquired and constructed) a project for the generation and transmission of electric energy consisting of certain geothermal generating units (known as Geothermal Project Number 2) and related facilities, and capital improvements thereto that may be constructed from time to time,* and interests in certain other property and rights relating thereto ("Project Number 2") and WHEREAS, the.Agency has heretofore issued its $40,000,000 Public Power Revenue Bonds, 1981 $eries A, and its $15,000,000 Public Power Revenue Bonds, 1982 Series A. and has assigned to the Bank of Montreal (California). (the "Bank") its rights to receive certain payments under the member agreement relating to Project Number 2, to secure the obligation of the Northern California Municipal Power Corporation No. Two (the "Corporation") to the Bank under a Loan Agreement wherein the Corporation has borrowed the amount of $45,000,000 from the Bank, such loan guaranteed by the United States Department of Energy, all to finance a portion of the costs of construction and acquisition of Project Number 2 (together, the "Outstanding Indebtedness"); and WHEREAS, the Agency is considering the construction, of an additional project for the generation and transmission of electric energy consisting of two 55 megawatt geothermal generatingunits and related facilities, including. transmission, proposed to e construced in Sooma 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 ("Project Number 3"); and WHERAS, 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 refunding bonds and evidences of indebtedness (including refunding bonds) ("Public Power Revenue Refunding Bonds") to be outstanding at any one. time in accordance with their terms in the estimated maximum aggregate principal amount of $125,000,000 for the purpose of providing funds for the refinanc:ng of all or a portion of the Outstanding Indebtedness; and WHEREAS, notwithstanding the aforesaid estimated meximum aggregate principal amount of Public Power Revenue Refunding 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 Refunding Bonds may be required to complete the refinanc- ing of all or a portion of the Outstanding Indebtedness; 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 Project Number 2, and, if so determined by the Agency, Project Number 3; and WHEREAS, the Public Power Revenue Refunding 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 Project Number 2, and, if so determined by the Agency, Project Number 3, 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 Refunding 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 Refunding Bonds nor any part thereof nor interest thereon shall consititute a debt, liability or obligation of the City of Lodi; nor does this Ordinance commit the City of Lodi to take or pay for any capacity or energy of the Project. NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: . 1. The issuance and sale by the Agency, from time to time, in one or more installments, of its Public. Power Revenue Fefunding Bonds outstanding at arW one time in accordance with their terms in a maximum aggregate principal amount of $125,000,000 is hereby authorized. Notwithstanding such maximum aggregate principal amount, the Agency is hereby authorized to issue additional principal amounts of its Public Power Revenue Refunding Bonds if and to the extent required to complete the refinancing of the Project. The proceeds from the sale of the Public Power Revenue Refunding Bonds hereby authorized are to be used for the refinancing of all or a portion of the Outstanding Indebtedness, . including interest on such Bonds, deposits to.reserves, all expenses incident to the calling retiring, or payment of any or all of the Outstanding Indebtedness, including the costs of issuing such Bonds and any premium necessary in the calling or retiring of the Outstanding Indebtedness. The Public Power Revenue Refunding 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 Refunding Bonds and from revenues of the Agency from Project Number 2, and, if so determined by the Agency, Project Number 3, including payments received by the Agency from the Participants under the Member Agreements. 1. 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. Lli �Ik s. . 0 4. Sixty,—,) days from and after its enactment, this Ordinance shall take effect and be in full force, in the manner provided by 1 art. THE FOREGOING ORDINANCE is approved, enacted and adopted by the City Council of the City of Lodi, this 27th day of October, 1982. Fred M. Reid Mayor Attest: Alice M. Reimcfie 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. 1275 was introduced at a regular meeting of the City Council of the City of =- 'Lodi, held'October 6, 1982 and was thereafter passeds,. adopted and ordered to print at an ajourned regular meetinq of said Council held October 27, 1982 by the following vote: Ayes: ' Council Members - Murphy, Olson, Snider, Pinkerton, and Reid (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: CouncilMembers - None I further certify that Ordinance No. 127S was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to form mom Jbn N. Stein City Attorney &Z� X. ALICE M. REI E City Clerk NOTICE OF ORDINANCE SUBJECT TO REFERENDUM CITY OF LODI ORDINANCE NO. 1275 ADOPTED BY THE CITY COUNCIL OF THE CITY OF LODI ON OCTOBER 27, 1982 Notice is hereby given that at an adjourned regular meeting of the City Council of the City of Lodi (the "City Council"), held on October 27, 1982, Ordinance No. 1275 (the "Ordinance") was adopted. The title and a summary of the Ordinance are set forth below. The Ordinance is subject to referendum, as discussed below. • Titl.e ORDINANCE OF THE CITY COUNCIL OF THE CITY .OF LODI AUTHORIZING THE ISSUANCE OF PUBLIC POWER REVENUE REFUNDING BONDS BY NORTHERN CALIFORNIA POWER AGENCY Summary Pursuant to the Ordinance, the City Council has authorized the issuance and sale by Northern California Power Agency (the "Agency") of its revenue refunding bonds and.evidences of indebtedness ("Public Power Revenue Refunding Bonds"), to mature on or before December 31, 2023 to be issued, from time to time, in one or more installments, in -an estimate aggregate principal amount out- s standing at arty one time in accordance with their terms of $125,000,000 and to bear interest at a probable overall rate of 13% per annum. The actual interest rates on each installment of such Public Power Revenue Refunding Bonds or the method of determining such rates will be determined by the Commission of the Agency in accordance with law at the time of issuance of such installment. Notwithstanding such maximum aggregate principal amounts of Public Power Revenue Refunding Bonds, the Agency is authorized, pursuant to the Ordinance, to issue additional principal amounts of its Public Power Revenue Refunding Bonds if and to the extent required to complete the financing of the Project discussed below. 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. - The Agency, in accordance with the Joint Powers Act and the Agreement. -has entered or will enter into agreements to acquire and construct (or cause to be . acquired and constructed) a project for the generation and transmission of electric energy consisting of certain geothermal generating units (known as Geothermal Project Number 2) and related facilities, and capital improvements thereto that may be constructed from time to time, and interests in certain other property and rights relating thereto ("Project Number 2"). The Agency has heretofore issued its $40,000,000 Public Power Revenue Bonds, 1.981 Series A, and.its =15,000,000 Public Power Rever.je Bonds, 1982 Series A. and has assigned tax- payments to the Bank of Nontral (California) (tt:e "Bank") its rights to receive certain under the member agreement relating to Project Number 21, to secure the obligation of the Northern California Municipal Power Corporation No. Two (the "Corporation") to the Bank under a Loan Agreement wherein the Corporation has borrowed the amount of $45,000,000 from the Bank, such loan guaranteed by the United States Deparnt of Energy, all to finance artion of the costs of construction and acquisition of Project Number 2 (togehter, the "Outstanding Indebtedness"). The Agency is considering the construction of an additional project for the generation and transmission of electric energy consisting of taro 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 ("Project Number 3"). 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 1005 of the capacity and energy of the Project. Neither the payment of principal of the Public Power Revenue Refunding Bonds nor any part thereof nor interest thereon will constitute a debt, liability or obligation of the City of Lodi; nor does the Ordinance commit the City of Lodi to take or pay for any capacity or energy of the Project. THE AGENCY PROPOSES TO ISSUE, IN ACCORDANCE WITH THE AGREEMENT AND'THE JOINT POWERS ACTS ITS PUBLIC POWER REVENUE REFUNDING BONDS TO PROVIDE FUNDS FOR THE REFINANCING OF ALL OR A PORTION OF THE OUTSTANDING INDEBTEDNESS. THE PUBLIC ° POWER REVENUE REFUNDING BADS 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 PROJECT NUMBER 2 AND; IF SO DETERMINED BY THE AGENCY, PROJECT NUMBER 3, INCLUDING PAYMENTS TO BE MADE BY THE PARTICIPANTS UNDER THE MEMBER AGREEMENTS. THE ORDINANCE SIZING THE ISSUANCE OF THE PUBLIC POWER REVENU REFUNDING 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 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. THE FORE+'sr16NS pptut�rv? ISCFRTI"IED • TO QE J1 cOF::£C'� Cr;'" .. �:•: C.2:,;iMl OM i1lE irl 1 N!b :A r ID!T:a j0li�C-UN GiY CLEk 0: Co01 sr -5 . I. ORDINANCE NO. 1276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI, APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NO TWO TO THE MEMBER AGREEMENT (SECOND PHASE) FOR FINANCING AND DEVELOPMENT ACTIVITIES OF THE SHELL EAST BLOCK GEOTHERMAL PROJECT BETWEEN NORTHERN CALIFORNIA P014ER AGENCY AND CERTAIN PARTICIPATING MEMBERS, AND AUTHORIZING THE EXECUTION OF AND DELIVERY OF SAID AMENDMENT BY OFFICERS OF THE CITY OF LODI WHEREAS, pursuant to the provisions of Chapter 5, Division 7, Title 1 of the Goverment 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 (the "Agreement"), as amended, creating the Northern California Public 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 participating members of the Agency (the "Project Members") have entered into the Member Agreement (Second Phase) for Financing of Planning and Development Activities of the Shell East Block Geothermal x Project, dated as of June -1, 1981, as amended by Amendment No. One thereto, dated June 1. 1981 (herein called the "Principal Agreement"); and U*HEREAS, pursuant to Section 6 of the Principal Agreement, each Project Member agreed to a total financing commitment for its respective percentage participation of a total sum, including payments and advances theretofore made, of up to $5,500,000 in costs as authorized and approved by -the Project Members; and WHEREAS, pursuant to Section 6 of the Principal Agreement, the Project Members may, from time to time as needs arise, authorize an increased financial commitment above $5,500000 which can be shown to support the completion of the Project; and WHEREAS, it has been determined by the Agency and the Project Members, that it is necessary to increase the financial commitment of each Project Member for its respective percentage participation of the total sum in order to complete the Project to the principal amount of $30,000,000 plus amounts. necessary to pay interest expense on such principal amount; and WHEREAS, the Agency and the Project Members have determined to amend the Principal Agreement so as to clarify the definition of the term "Project" therein; and WHEREAS, the Agency and the Project Members have determined to amend the Principal Agreement so as to clarify which "costs" are authorized.by the Project Members; and WHEREAS, the Agency and the Project Members have determined to amend the provisions of the Principal Agreement regarding the term of the Prir,.ipal Agreement; and WHERFkS, this City Council finds and determines that it is in the best interests of the customers of the electric system of the City of Lodi for the City of Lodi that the Principal Agreement be so amended -fol lows: NOW. THEREFORE, the City Council of the City of Lodi dues ordain as I. The City Council hereby finds and determines that Amendment No. Two to the Principal Agreement be, and the same is hereby; approved. 2. The Mayor and City Clerk are authorized to execute and deliver said Amendment by and on behalf of the City of Lodi. Aa . Pursuant to Section 54241 of the Government Code of the State of California, this Ordinance is subject to the provisions for referendum applicable to the city of Lodi. 4. The City Clerk shall certify to the enactment of this Ordinance and shall cause this Ordinance to be published in accordance with Section 54242 of the Goverment Code of the State of California. e 5. Thirty (30) days from and after its enactment, this Ordinance shall take effect and be in full force, in the manner provided by law. ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 27th day of October, 1982. Fred M. Reid Mayor of the City of Lodi Attest: Alice M. R61mc City Clerk of the City of Lodi State of California County of San Joaquin, ss. I, Alice M. Reimc"�, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1276 was introduced at a regular meeting of the -City Council of the City of Lodi held October 6, 1982 and was thereafter passed, adopted and ordered to print at an adjourned regular meeting of said Council held October 27, 1982 by the following vote: Ayes: Council Members - Murphy, Olson, Pinkerton, Snider, and Reid ;Mayor) Noes: Council Members - None w Absent: Council Members - done Abstain: Council Mewbers - None I further certify that Ordinance No. 1276 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. U;ccCv /K ALICE M. REIMCHE City Clerk TO PE R f t'. Ti+F L'�isG�NAL p"i hli �': �' 1:• t" � tl� " � 1. ..a•���,� Rim l . DJ1fiED���•�� _ y if PROOF OF PUBLICATION 0013.5 C.C.P'3 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 print- of the Lodi New3,9enfimle a newspaper of general circulattok printed and published dally I! Sundays and hobda^ In the City. of Lodi, California, County of San Joaquin. and which news- paper has been adjudged a newspaper of general circulation by the &Vftior Couste, Deparbunt 3. of the County of Son Joaquh36 State of California, under the date of NDw 26th, U536 Cue Number 65M. that the natim of wW& the annexed Is a printed copy ("t In type not smaller than non- pareil). has been pAlished In each regular and entire issue of said newspaper and not In any sup- plement thereof on the following dates,, to -wit: Nov. 8, 9, 10,.- 131 13.* all 1. the year 82 I certify (- declare) under penalty of perjury that the foregoing is true and correct Dated at Lodl. California. this day of Nov.\ .. �..........19 8 ... .. . . ....... �Vd t. 77- PROOF OF PUBLIC..'":::''"''' 2. Th- cit ct-h 0-11 k - r. 60 -0.1t. .0 0. C". .4 9- .4 C.U.- r1 0-d- 0-H -u- .-A-I -d b. i. " I-, W k. P -.-W" by &-. po"Go-0 obow.-Cl k. le'. Cry C..# .1 'k. C %.IN% 4.,.# o..b--. M2. 6-4 . "W AVVISV- N TM ^ OL L.. c" cl-% .4 *- c*V -# This spaw is for the count, C"- I . Ise. 1273 . , .4►".. C." C --M .0 .1 W " C -r o' %.14 OC-"- ti190 -A - -4- P.-"- -d-.d C-4 h.W O. -A- 7p. It%10--. A,". C A A,.-%.- - 04 Ab -s. C elw IM -W-4-4 by 'h- P.41t.%.4 P- �ALMCftl :Mn., C" cI.A ^or ---a I- OMTKI or ("DIDIA"Co subject TO COST Of LO&I Proof of Publication Of o�"ANCS NO. I ADO"eo of VMS CITY CouVV3"OL C" "a an or tool oll OCT"" W. "" U.N.. a. I -9-9. 0- cJ-T C -d .8 'k. Cow .1 9" ('s. -CWT: h.W - Ok4- 77. It"., olwxm= No. 1273 ft -9-0- via. ORDW4406" 00 TM CRT COUNCIL OsOMAMCs91@. IM OF TM CITY OF tool AWTHOR1704,41 010004APICS OP =%V CO L =44a TM ISSWAVOCt Of ftMbC POW** opuecwwor T0904 11SWOWA BONDS by Mont"Inot be NVAAWK or runic rowlit CA&IF011MIA P0.(4 AGCNCV SMN%* so"" aw POW" "IGIOT"ISMAt 06"towma ukas CALWOMINIA "MIN ^G*Mcv -.11AMD-dr10ilcl). 0110100110MAL of"VIRATNOG PRO. • JKI"VMM31 rw-.. ft=--. d. ce., VAIRIL,la. 1 9. lf. C-il k- h. N- W -610 - b.W -% b, C -W- * .60.0 0 C". .1 " 1� A= I*- "A --I *1 "1 be . be 1. _ .M = " ""-- .1 1- P AwL 0. Cow t to& "s- 4.bft..- ("V.W" P-- o- li-$ba D --b- so. 2M. " be I-- coute'vole M. qk- ft 0L.. M - b - MAW -6-6-L W" 0 1. - -"w.rb --& lbb r A4WWr as SWO.W.000 9-0 ft b~ j MNM. bN .P-1 I*- '%. 4-- V- I%. oh -1 1. Rld be"B"I"A' to Fbft P. 0--, b.". be $1-. Zr A"art b" be C -J -k- U -%.Ii* -.4 tM 1.. ^9-" 1. be' lo-b ftt"! d. /.... .4 ftw to .1 ,.k b-ftl& & t..W w Me. b.d be PkwP.1 M..M .8 b.P� WW 4"o .1. a-- 3..19 of w 1. IA -0." rw 84 she W" be- d - Cal, .1 &.0 od te/ So- ll. -M*-b--) -ft"P I P of G - --M C-Ae .0 S.." oao' ov, ~o h- I a - . -%.d "- -Fel.0 "L 60 b--** 0" ft-s%q-13'. ^*.-1 be IN Aq-t. .1 0. b;. ml V - .W -4 %W -ft TN 1Ab.q.IW4w, o ft o" . Lk% M.A,­ev elm M+•goara ow 16- hwmib I YM Ir. w ..d NAM . =::= pl.":� I. b. 16-1.&111 - I". C- P- .1 hq-" v6dkm Mo M qNM., P..m 1. b. htW-d 0401 ft -e I. t.rf.M ~ P.O."r dr. PROOF OF PUBLIC..'":::''"''' tow.* cMA of"Ptoj*ch and d*tar.w:wo (the -Project' 1. The Alton' . WNiiciAS• wa..:tAstendtng IM ty M. ant*rea or _M OMot MN ar- eferese.d Mt:..wred .w*.l.ww.w alt• or -a.- ovtty ens* (the -Mow`- crag•-• prNcya omevwt of Public Agree &^11 ) with cenein anise. . to -so te...A„e Semas prepeted to be tl..cl..dir.g ter* a► more of a hwea M thw Apewcy for the Project ,Mo Ab*,*)• pWswe..M to which the e. . b oma Mti*arhfand.mg *t OM owe tin.* *fiat afftaritug in►as, UK% M*.t►. be oce•rlowce, —*it tl.eh term%. Oddi- AgreatAontt with she Ago," Nh . a.e..at puWt 100-9p R•.ewuo Rowdc 7o"ki"Ats') w+N. in the ogyrwyetw w.ojr be reowrea $a template the pWcMN OpsioAt onwt'M rights sapvr : 9-0-4-9at*•a►roloc%end cheto "d-lor r*caero 100% of th._ .. wMHIAS. 1.40 Ag*Acy has ortsorad top•city end •nervy of are Project _ of wM Stoat we Ono of mor• The City Council het*ta*ro Ms esre*m*eo% tth• -•Mem►or a.cherisod. by erdinsince. the ls; - ) w" t«Ioin •Mitres WOKo and Nle by Mo Ap•ncy of Its tutu or aura *0 Mo noses owl a Wencoin of iftdabe 0 % so' ipew.lots), pwrivant to which the *n. PACiva...p renewal ".otos) ('ltotoe-I stf:eo owtenng info such Mo -bow for the of IN.eneina sovaio.. the era. Agr*awkawss with chi Agency (the lvtsition a Opti•..%• permits: a" T..s etp6w*►`1 wig. M 1M aggregate. ether pr*timiwry tette N be intvr-ad pu.che*a optiowt .d.. right% to P... ptiw N the vndortekiwg ;.1 chi c6e•. eh*so W w roe*i..* toot. of the ~tion or ocOvishioe *f she ►►el"t copacitj owd anergy of the Protect. end for the Purpose el prOvid" tem.' able porery financing of tests of *rq..iNl•ft WOOMAS. the publt. tower eod'soastevcfion of aw Oroject. The: seam.* so.." we N be popNe Nates two to be poyaobl* I the pro•. /raw. Owft%*W -% trust far the Mmol -t teed% of r•Aewol Nootwo and the pro. ' of *V%1 '" of such Sonat *ft$ from goods of are public Pot~ it*.*nvo. oe.oww•st of Me Agency from th* Prw Romds ovlhor{tea bq the Oriir.ewsa_ {M lo:►raiwg pet,.mwtt to be .nail* ewd. to the e.Nko nolo so paid. may b* - - of auoPa.wcipants w"et the Me.wMr "pyaw* from ►honws e1 the Agency ' AiY*6'w6wm 6i•d from *-*Project• ine:IvaM.g pey.waat* WIIfRfAS. the Nates oro N • N he %.rade h 1h• ►erfktpewy vwd*f .. poyobl• Me.w progaaas of ronow*l *a M*.Ab*t ^St**n►onte. - 10-- a" M• pracoodo *I the Public NNth*r she peym�M of prtntlpa) . ►ouwri*r.amv bond► one. to the o.- tha 1`41*14c ►ewer RwOnue loom. aar' teMwNeaveid, mot, be yo*oblo Iron •or, peel thereof now hter-is thereon _ N.owwe of due Agency From the Pro- will cisnoth.se w debt, howboy . er putt• t"etwool'S ►6emen►o to be r.Nao owigatieA of the City bl tads. nor do", H lltoramcipents wnd" the Mom►ar the Ordiwowco ta.A.w.0 the City of tads Ag.•ww*%: ane ? to take of pop Ir " tepecit f or yinclRa". M «c«dowco blah the owor" of the Prelate. J•o A V trams Am fl.• ••Mita for the The 6t o"T probe!*% to issue. M ae•. Agowtt at we p*-" so issv* the "filawge with the stwoemont ona the public Paws Ror•wu* Sonat is sub• j.w.t M•tetS M. we Public ►owat 00 to 1M wthWlosian of we% lit. _ Rw*nw Sands N pew* tvnh br- ewawce /ti d.• M*mbais purtwoM sa the otdviNriew• c*nsfrutlion enA ord...aaca; and .1 fui*wcM of the pr *to. The Public lewwwvo W"afitAk wNfh*r 1M pormom of rower be,..ds et* 10 be pri.Kipo/ I" Pvwic ►*mer no -on" payable from Ivndo holo M Irwt hs %/ends oar " Pan shot", nw Mi. Nta ►onem of IM holder• of tush SsroMdowow shelf constitute • d•►y ►ewdr and from nwnuos at ogonty. Mebiby w awipttan of the Cly •1 item the pre1e41. iweludtng por-e— • nr do" this OrdMwAe• Commil coat. sa N mode rho by f» ttklao !M46rtts t • file tMpaf tub to Mk* at pay ler ow j the twpw►•f •greeleeeta. . erts"wey al the ►rejegl. TM ordtaonce *t.sherlt she le. NIR ►tOw- tlMotlORF. the City tewncli swwito of the hwia Power R*vanw Cost a tab Boas erdatn *0 Rands Is wNe" to Iwferoedum. upon ptit"noheaA twhMrs the time period' - l. She Novena* •Aa "to 4 ate- "ifiod by low) of a petition (teen _ Apwcp. 6*m esu.• to own*. M *Ao of mR O"Owr*s, M at loots the twaActe = - .tars r •sell tents. of he Public POwN t6os6Ned by the 1ew1 pwas*V" ...- R*w*eir* RowN wMfewdtAg so Oey q•iMf she *deptiew a1 aro eo• - ° onto thea M octe.dowco with she dl to be-. the toy tevow" to re wired to. j to►wN Oce tkessmw.t aggre"Its prim. Iecawsiallr IM' wd1nf1/iee. TMlewp*e. 0461 wvnl of 113W000.000 N N the City Council dopa not *"bell• Notelet oodhArcted. NNw11Mt*AdMy Np*ol the ordiwMKw, 1M NdMMta- ow k ow•eiiew.w owepN print is Mttby shell be 9.1swat"d twnder ballot ww•' - dins 1.w) on.*wos- the Agency ewaient" to bswo *dblion*1 Polk-• ►tewribed N q the votw•- *1 a t*gvler 60 opesbl * e 1*etlealta-• sips owtouaft of Mf Public ►ower- Ilse ordinance eh*N become ato*tth* Ro.eww Muds if and to the Oosant ter stood * mow ft at tht veto" volNy M olwMe / to g p! Is IM linens" of TM prem the the ordinance welt M bww of N. sato' iofm the ►blies. pootoods Public Powor *wotve Soto of ilia pulf 06 y doscri~ of M* Pee.; t*dw/aofor ..tw*nd.rmbboo" upon: lowlSMwby wihen"d are to be w• `Ilse si icobla refwef ohs lowevis aft ad /•o aka oc"kaseA, ten*$-*ct w of I%* telasmW Nnsist# to" wd. end 1144 *.a Prow$, Indy W4 the Cishfor e, go..*remoM td*.' btforottarttook Send&and depONlSf 1 Ro1e►*Aco b mode h tht Caaerew: fas•was. and to pot " P-4pa, eateent cede elf the csswrao: '? pro.wtaralf eery. and interest *n the tf*v*rAm•M to" RN 1 c*rtplOa lgwoe of the Ag•wty -%*n der. TM g ttet*mem of Tech is 6. i. Public tablet *a.*ww* Sawa• hereby !►her. R, 9. 10. 13. 13. INP -11M ovdfwN+d. esu/ pr*.wiv.w and infwaN IAarww, oro ro b• payow• /r*.w. en1- . -• '•"�f1'�' R: s•twratlp fowls held M NvN iw ►M SS . botoleof rho holders of Public rower Seroma Rands and bo.w ro.owws of 4 •) h y from th* ►rwjOct. le. M tatvod by the PermMro Ag6wg1 Mow ils. Ponic4 0 under ..+... >M /Ao.w1*r ARra•w.•t.ts ww of IA :. fiwtoot N Section 610 Jaspers h Jas rs ors Act. Mfr OtdinaAc�O - 6v.N the pr*.1%laws too raer*A• der.. ..«.w.4 H S.gtt.w aaat.y .f P the ateetfaws Coda d the stere of Cofdofwio. The Coy Carle *key torN/y to the *wOswaeat e1 this Orbwonco o" shot$ tevow move of the *erne so be •pvblhbod M accordance with Section 6040.1 of sh Oev*rnmons Cols of IM tts006at1011110rni*, t t. frafy tie) do"! and soft" ifs *nogtwiawt, this Orliaowice thea sake *fact and be in /wt$ force. M th* mon- ~16.t. T1Ni fORIGOiNO ORDINANCI is l sowevod. •Aect•d *nd adopted by r She C.A't�y C*~O or the City of tot$. gbh aq a October. 110?. Lew►r.AM,. _ ..._-._ ' ._..._ _�. _ . _. ...-.._..._,. .. ......_ _. ,..v.�....... PROOF OF PUBLICATION STATE OF CAL"RNLA. 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 1Ax1l News-SenthA a newspaper of general circulati=4 printed and published dally except Sundays and holidays. In the City of loodk California. County of San Joaquin, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court. Department 3, of the County of San Jowiub% State of CalifornK under the date of Xv 26t1% LqSk Cast Number 65990; that the notim of which the annexed Is a printed copy (set In type not smaller than non- parefl). has been published in each regular and entire issue of odd, newspaper and not In any sup- plement thereof on the follawW dates, to -wit: Nov. 8s all in the year 19-82 I certify (or declare) under penalty of perjury that the foregoing Is true and correct. 0 Dated at Lodi.Lodi.13 California, this . ...... -.- day of Nov. bin t plz()OF.40F�PUBLI. 0. Aq-" M 000", sh. A rwt *W-.8 M NTS AW. P— M. --."a 1.'.. "C. P— M. S. D�= 7. rk" I J.M t F— Aft -J6 Th. Aq-v I. •P.Wk' C .0 b4, Cow .1 L"I" ftr- nut. A =-I -Che This space is for the County C % .1c."-.,. IL A&- •Cary Cl_b .1. 4, S-6-. 0.4 ^I,—. C—W C-9 M-bf. "Z'MM.*6WC"Q C"cp-k• Proof of Publication of Of CWMWA&Kg SWUM TO anowe"Ou" Cc" of &*Do ODOMA"Ce V= 1"4:� AIND0100 " TM CnY C4>U*CSL 01, • TW car OP Lo" 0" ocpoom ORDINATE c, ",% .LN 00-b- 1"2% PUBLICNIPTIC9 OMEM992 OF THI CWV CoUmCg 40 "0 CITY OP goes AUT"oftarped 0= ;wv= colUM4 " "%W -K1 of Poom sy no,. 114" MwootstA Fowl* ^04"CY "a asumet or Mons BY "*a. (C001MORMA4 WHSOAT940 WMT/ 0v^"Dftr*GAC?). "200 CAUPO*004, POW" Cv tCW"W"A^%' 62"IMINZ r*oJ'CrMM§t43) . . Cot ===: W8061AS. pv�m p,� x a- Y. Too. I C--fi I.— �4 *as bp pg�"� r— A'.�' - C.0's- aft 6---" C." 4O"w .5 *-"" (" -J.W -0 J AeM *y Cow olt".#d cz.. "ftd A-64 0" p*" I % P •k 0A Z. plz()OF.40F�PUBLI. 0. Aq-" M 000", sh. A rwt *W-.8 M NTS AW. P— M. --."a 1.'.. "C. P— M. S. D�= 7. rk" I J.M t F— Aft -J6 Th. Aq-v I. •P.Wk' to"-►►gj*cY'); end Bions of Chapter S. t); Ov • ... t 19 WHEREAS, the Agency r, to o1 Ma Govt. -9.0 Code of Hee Sta Ny1In acerdaaco with the Agree• of Celilormo, as e.seoaded (rhe 'Jai - 0 ed the Join powers Art, from Pe -ors Act"), The Agency is • 1 �Iiia., to time. M one a more M• meritr separate ►e oral apart from s �e•!:n'�:� vn Ge���•�L ................_.... sronm*nh, Its Worcs end ether Members. The Age..cy. M otcadan o *no*s Of ;nd*be*dn•ss (including with gin s+ Joint Pe*rs Act end re kgllatt2m tee ow*I rotes) ("Nefos") to be Agreement, hes en►f*rod at will oat; •vptewdiap or any one rime M oc• into agreements las ecp•.ire and cat, Geed* -e• with their terms M the strrrtt (or coos* to- be oepvired ec _ ostimetod meeNnven aggr*got• prio. toaserweeed) O projeoct for the 9"or, • rigralemeunt of 1300,000,000, for the tiger end transmission of elect* pwrposo of financing studios• the ot• energy consisting o1 two SS m*gswc 4jvisit ea of options, permits. end geothermal q.noroting weirs or - •that P-011minory costs to be Incurred related ocihtios, ieeeivdnng Imooma - - pe:a► to the vndortoking of the tom son, proposed to be ce..st.vcted strecliow or acquisition of the project S000me and loko 4cOun9t**. State and for the pug• se of providing tom- Cohlo'nie. and cep4tei Imp, "be" pw*ry I:ne.rNri9 of costs of atgvhi. therHo shot may bur cwwuctod Ito tiowewd construction the Project, and time to h-0. end tntorests in cargo - WHEREAS, the Agency also pro. Nh•r propo.ry orsd rights reletle poses N issue its revenue bonds goof NNr*ro, Includ.ng• ..ithowe IimiNgo - - PROOFOF PILI *.id*wt.D of Indebtedness ("public such Inter.*$ rho Agency .-. _-..e .� bonds') tot *aeon• boter the pun Geerh*rmol G*n*rating Preto, - Y .._ _ _ - -•- pose of pro.id:ng funds for the at. Number t. os rho /►gancy may 40094 "• - WAsition, construction and fto*ncinq min* (the -Project"). The Agency M of"fto)oct, end entered or will •»tor into on* or weer - WHEREA%. no►wi9hnmwd1aq the eg r•* m* n r s (ohm. "M o m b e calwoseirl oosimored mosimvm eq. Agreements-) wid► corsair, onetiH. gregoh principal *mount of Neta$ (includinq two am more of H roosimod to be issued by the Ag*ncy Mombers), pursuoreD to which the ac for Me reject and to be evrsrondrnq Kti*s "teeing iMe such Moo*b. - et any aero Irmo In accordance with Agreemoaes wish the Agency po- - rheir "not. odditienol Noes may M 'Participants ) wig, M she eiogoe"t. .tpvl►ed 00 templet• the financing of purchase options erndia rights topv She Project. and sh*se endrer rocoko 100% ol. tv 100161MAS. rhe Agency hes snared topecity and *"toy of Hee Pr*joc Of WO *near into ane or more The City Council herwofer* he _ agreements (rhe "Member authorized, by arelneneo, the 1: Agerrea"ats-) with certain entities wane* end sole by the Agency d h (6nelw li" two or mer• of the. Public Power R"*-uo bods to per tAerwbers), purswert to which Me *m vine Ivnds for tA* *cqu:N9son, ca titNs onterMg into such Member SIM.C604 end Hnoneire0 of rtes Prejoc- - Agroemeerts with the Agency (eh* The Pw kc Power Raovoow* bonds a* `►er/leiponts•7 win. M the oggregNe, to be pevebo Prom tends held M Iry- purchase options end/or rights to put. ler the benefit of M* holders of sue these tndrer rOcoi.* 100% of the bonds and from reanws of th c*peMP end *nergy of tho Project; Agency from rho Proj*at. Mcle.dirs and payments to be morg0 by the Poi r •1101"IFAS, ohm Notes or* to be fictpoats under the .Mamba tewewoMit from time to time end Agra*m*nes. bores proceeds of "newel Not*%*# the est o/ Mt t M!o►Ia pr p*ya.s pr ipel odAL s 16emeodd the proceeds of the public "N*I*s era any pert thereof net to Power Revenve bonds and. to the ow. fern theregn will c onnitute • d*bt tarot a" so paid, nor bo pmroble from liability, at obligotien of the Car � tavorwos of the Agency from She he. fedi; nor doe the Crrdinotece reform, jam eine porm*nh to be rood• the City of Lodi to g*ko or ►or for ori. til,^• lar rtkipnw *nts vdthe Member capacity capacity or *»orgy of tin Pre(ect. '! AggreorwenM; end The agency som"aes to Issue. In et MNEREAI. M accordance with she. emergence with the oet*ement and th ....a• -•alta$'$' _ _ ;err "1' Jettpoe.ors Act, the exercise by rhe jaunt powers Oct. Its Noses (gaciedin. } `• ~ Apncr of Ne power to Nsw the bowow*1 Noes) for the Purpose a Not" N wb)ect to She ourherizot:an financing studies, rho ecgvielsimir. o ofsw&JesuoncObyrho M*mbersgrow. •prions• permlls. cod othe '.e • tgrwoo*OrdMooce; end preliminorr costs sa W Incurred pie - WMJtU 1, weigher rho payment of 00 o1 IAO wndortakteg the ca.strwciio. t} \ • ;T... - -r•.^ pMcrpoi of the Notes nes rt er k visition of deeproject e^r i rpae of proviinem�or - Ifteteof Wer Interest thereon shun cam the i_ _. � i • :• �.: Dtilw00a SON, hawlity, me obtigot:eer of financing of eases e1 O-C"isiton or. rho City of Lodi; net does this 04r. eensNuin p ction of troj•et. Tt.o Note i dMence Commit the City of Largs N ore peyotl• from the prot•ois a . - sake or POT for any capacity or energy Ron*wol Notes and Item the peace" . i - ••. t • of Ora reelect; and of " public Rovenw bonds and. N - ;iy MNEREAS. THIS Cry Council Ms the octans not so paid, may be f t • < ' s A' -` awsbrbed by Ordinence the Issuance p" ble Mom rowans of tl.* egoac- c •? r. �t>♦ Delo ►r tin Agency of Ns Pvblie from She "Oct. Mclvdlr•q pormonh • power R•venw sends. " proceeh to be, mode by tin Nrrkipents uwde• _ } • 1 ri . • _t brow rho sole of which we so be weed /M somber •groemente. t. U =.i', for thro oc •ion construction end The ordinance rowherIs the h • -..... .r• . , . 7 .. Owl 1n0 ` .• ;t: - � .� .x � , + fMowcIng o! the ►►ejetl, inchrding in• ewnc• of rhe Ness N wbjwet N ~f , ,� •� peed on such Bends end dopesHs N seooroaofum, Upa, pr•son.orier . h.1 ray t.: y ,w� , ♦ ..-:i a �.s. MDMe@e. rood to pay Ma principal. (wirhM the time, period spocif.od bb - •'? t - ` ` . pmy romay. N anend interest on the low) of • "filters (toerinq signotrt••*e tri .t, t > • i. r .` .. 160000 ovMerized by this Ordin*Me Met Icon she awMAor regwkod by N.* -r. h „• s.A*wdw. - low);p►etasHng against dee odepr:er r• i ��tti .'�1: •MOW. TH R fORE the City inerdtereac• rho city council b to. .•% of NCry of tedi doss erdeM as Oultod to meonsldwr rev «dineeco. ^� • ! s i, s- Improve. Therewpen. N thq City council deep 1. The bower$• enQ .Bei• bJr tin wet entirely repel tin :ydlnenee, sin -t i l t ht. Y y ', +` : • 4 Agency Mom Hina to Same. M one at -erdManee shell be ssrt,mieted jvr-dee -9. ' -�+• •:i '�,; .�'► +^: more Installments. el res Nates bettor wordir,q prescribed by Mot) to i..r • ti !'•. e'S'*' .• y �•'-� -tf !• h• (inclwdInq renewal Merge) owls on. the voters W a regular or toovial *ime• a ,• ere r 1Y' '!'at �. - f� "tiLX' •F •�` so one one time M accordance tiem Id n " erdtne9ecs shell w*1 v -t -p . 'Y •r,i: .e thou Nems M m 11•• o me.1mur, or become *#Peed-* waill O mojoriy of 0-,wa`4*.j {tr!+af�, wi� .t' • at j •w �' ., t, ry rte " ,- �j`..• a `.C,�++y�. r.q.to principal •eant of verOrs wsinZ M Ilea erdk„ene" ` • 3 yp1',r� *rQ�dr. st :;y �".�� , y. ►1 {t�:. .000.$100 Is hereby oweriz*dM er . u•t• le • N. )he (&#age" „i1, .ri . "" �•,ri•7�Itw.R .:1"c« Nerwit 0"ing such mow? v off. , hstelptioof the ►ree*dwes • ...s. 7•., -x• stir " i. gregesa print pal **"owns. tin Agency seferondvm Is ►•sed open Ilea all. _ oi;; +!s S �i * w b hereby authorized to Issue eddl. ptkeNe r*fer•nduw re*.islonD of N►e' 't ,�•� ys, �• f�•-fr, `'moi^, " a ' j •. tlewef priocipel *mounts o1 Net•s i( •. Colifernie elections ted* • er:d jird �C:i t , w4 �;, , t'4.- "t`h+ .M� ' 1" errd t• tin sa►Ont r vkod N tem• Crolifarnl• .eev0enmont code.. �{�.► rs ♦ S�y F� pte00 Ngo IMoncterp el Project. The selero.nce Is medO N IM Cenlerwlo pr*c from the sole e! she Nates d1Ot►fenD cod• ern/ the Cel:loneia: r4i�� J rN" r hereby towthortaed ore to be vsed ler severnment code Iso • complNe. . � y.� the twoorwMg of cools of w4voleitbw sNtemeM of such provisions. � ',_ z . -Jx • .V lr' _ tJ.s[:i5c , ?�$s.�sr`,e *Sri.•,? rat• road eewstrwctien of the ►rejOcs, In. Nov. E1"?, 1, 10.1?. 13. 1� —3112: PROOF OF PUBU..ATiON (2o15.5 C.C.PJ STATE OF CALI ORNIA. 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 about entitled matter. I am the principalclerk of the printer of the Lodi News Sentinel„ a newspaper of general circulation. printed and published daily, except Says and holidays„ in the City of Lodi. California. County of San Joaquin, and which news- paper has been adjudged a newspaper of general dreu%tion bytbe Superior Court. Department 3. of the County, of San Joaquin, State of California. under the date of may 26th, 1953► Case Number 659911: that the notic% of which the annexed is a printed copy (set in type not smaller than non- parch;, has been puhbshed In each regular and entire issue of said newspaper and not in any NXP- pleauent thereof on the following dates. to -wit Nov. a t,,•_9, 10, 12,;2 13,x- _ _•.•_ an in the year 19.. V } This space is for the County Clerk's Firing Stamp Proof of Publication of _ ORD3NANCE NO. 1275, ,.....• tow W w.I+.a..ww 0 &-oft ►.r=s M.. rt}. GN+n...s...l..-Cry .....,� s..�.M., N p.N:w, •^• Cw 0 LN ..'M-t..J M.-'I..wn.v wd -4 MM bi ft-* w fNNNw R..�/uw.N ►�'.Ivs. "-;w n ..i. tw+M A,v-T_. tiM 'A,�..e7'j. a M. w4M NpkMN. W ty..1 Iw- ..ww.. MM. Mv.vwv'r. tMrv.. Mit w+y M Zvi► M►NN..I. C'hr►lit l...N ,i..nw - MwcNiMwd.w N...»:+errN'.M}w MMM1. w.1 N wm,ft hlw ,.sMMr !I. l,J�.` N M W ..yM... -wsa.. w+N+w ,yw»w1. ,.wN" N' 00 Ms.r. M N IM ►1.+.In.w .tiiiM�ea N wd I certify (or declare; under penalty of perjury that N t')."a l..�.M. 7 r..,. m . M ro.�....rw «-c a" 11w�wtYy N w. •'•1�•'- N.tN . k .M NSAM. •.. Mir N a. -.k%. �., N The ... M..1.� Lre,.� ir true and correct the fo!'lgOarTg lA. Nm...N,.w M./NW.N .M.ja1 T.r w M -oft"" • M• N . ! . .w.w(.1' (•!R "A,...w..wa") - M.wrwt.-M. N �1..�=4 .N7I'..w• l.r�I.I.r. N M.n.�w� .Ipw, .� t.. M .+ww» ,.Nl}.I• Cw} N l./1 W N.MM Nl.. Dated at Lodi, Calikmia. 13 this ._.....__._ ds�q ofc.al..r. -.,..etN...«.ar.•«.}+N�n. i..a..u..tr. . �...� .. M «wMnsNi M fNrw. W a.L. C..-"% sI.N cwt«. M.7NwMn7 �w.wwr MtMF !�, TNvNI.w 7; l.N 1 Novt ». 29—P.. of .N« of Cho"" t.1. N .M ,NN . tfw. N tN}1. W MNNN M eMNM .QN P -P." W N,M...W" •IM.�.1'M1.i.aM.wJ..Y'kW ►wwn M"). The Apwq M .wN^r N�M.N W .►w1 ham.. IM til.wlw..TM A�.w.T.NNt..i.•" �T..A. AMkf /•M�v. N -M% M i.W ►«+.w Aq .wf /M .. ... ••••-""-"" ln.'v. M.wui..N v+M! M. a. JW" �,r«w1M► !N M- W, -W tum. w..i..A f..N. AS%- ww •.w► NN >• M ts�.11a Mi ..'► - M .w1 ;.wti. .N=111%M� 694.V" , pyMysNi).A W tlN.',N}.... ►«A W f�w�. iwMWiw.N Mw W .1wMwNH.w N N.cbk ( ! whnM lal r•►.•+e MM M.M ..,.n/.'j M . vwM. tbM•.. N ==I M. IIM h N. jnNa "—boo 7i .M . 6.4 N MN b- vvMw..v/ wMlw.w .,,..,.N rY► .v.N• *W"" 1l V W -V M /MM " .wawa !.w lm . M N1w.. w Mi N.wr..�M.t w O.ww/�MMw/wN.: W. Mv..i« Yy. TM .Ml,. ww.M�NMW Ile Iwn.�tw bw� L'�a00 . M.N. "W" 0 if N '" '"' N ♦wN N,�++M fM1' s.a.. hAIM A. W " sn ooe..00 n ►u. t PROOF OF PUJ `--•-'-- - r»+MT»N.w�YytMA,w}yt« ..al�....y..IMtMs.�lNtr..: wN$CwWwitNy 7.�►-JA...ybn. . ..• • «TM.tw M.p.ni.w«wiM. NM[,i...wl�iw}ryr=wiwN vu�.FtM IMM ,I/ut�.N IvMit I...« N P. . ,..N.• ws+.ry �w....r t» «. I.aI t..wlN tL M N.vN a» .Ny.. pir.IMwwyI.N My..WrwsyyN ' tNw N NMIlMw Cwlww w w . MnW N 0.MNni..y.M. MWey.11�.w.�C.0.*0awN.. N �M NM rw.0"h. • tMtl,t,M. M A,.wpl.. w....J • t«w A,=+.w}.M wMnM-1M C.w .,H.w.wt.. (M. "M.wls. ♦.,.:000.00, brwaM M.l. ws! W}w- ' A,r..w.w.7 w s.r►.Is mtlN.. ..«w«a M �M uwN ,NI« r.rww«MNM.ryT.w»n,..... /,..r...i p'wM M..AN1. M.w.• ,0.1 .«MM AM wn! At.i .w�N M....I N N.wa.aW.. NN .aN>.1w0! .. Aew.wNw .bAM. A,.w► t*W .*. ftf.."T06-m �.. r..w..•.rw.«W... wyM.,;• .w.ue d. f...M.a.r.+i~ N. ? .Mi IMMI M�M+!1N " - II.M.. 0. w.L. M N Iwawtwi !► 06 MMM A M M wMw.M MM'S ' 4b.^"ftV6►r.1.A My Iko" wN ti.w'�dn►Mv . _ ... _ .. MN„As-- 16. ►vWN •. O.ww.. MM«,y M,J...w bvM_0 ` •: •1..• `� �M.h. . ? ~ Uw i ..�'i..' ..� l Mw ►.MN�M..►.►L��✓• � N� � j� �`-...1 ►Y./ Mw. -•�y�'�ry.. �,h .' ♦ �.�.�'• Y i�i.'t' �"�' : M 7 IMwMr>vr.4�.f•/A'^"�. M�. t �y k TP . ... 74+�"i'.M•T"!rt R�'-'n '-"�.:x.. .. _....�... .,......: t..,.. YS;t ■ w .: �.�..,..n... .a..r .• - .. Mtweb ('hejotl ",mbar 3 ); and •••~ WMtREAS, the Agency proposes to ........... Powe. h eccerdenc�d(ilh the Apree- •••••••••••»"� •�` IMM end /he )OMttr LMt Are. tros- S)gnatum dme to smo, toss, or .wore in• %teilmsl,es. Its r.4- r.lv,di.9 -. bee de end evld.,e*% ir.dabt*d"Ss (i•atbd:.s9 0etvwd:ng bonds) (`I,ltl:c ►ower R.v*nw R*tvndint be^di) to be e,estewd,nt as e -r en0 time in erc- ce dancer with Meir lar.*,% in the e0%mot*d .,o sl.www e99r990to Pdre. ty.t e... of 1112S.0W.000 Io, the P•rpos0 of pre.Wd q funds I*, IA. a tofrsoncing of on or • portion of the O.fs•end" Indebtedness: end 1g1N[111M. netwithNend:ng the tj! \ etwesow ast~Vel mesin.s,m 09- Ma°ete pmeo,a int+..- eof .vW OF PU1 K PROOF r0w.4 RO.ew,o Ralwndin9 tends pe. posed to be its." by the A9*KT f*, the Proloet end to he etstendin9 of all a" lien* M occordenc. with th*ir toe.we. ePJ&0o,ol ►,bhc Po -or R..o,w Refvodi q bonds mop be res• �•i•ad to cemplMo /A. telinsnting Of be r a portion eef 0v1stend.n9 on. debwdr."s. end WNERlAS. rhe A9ancy has entered M will "tor lets a" or more epo*m0nts (the "Momleor Apwrones) -ilk cortein "tie:as _ lifts.& 9 two or more et rhe .�` Mombero') pwrswre.N to which the on - 6 fill" o.sr«ing intg such As*mbar t ° Agroo.Oanr" w.M 0h0 A90rkv (the i h "►ar#K:pa.ste -) All. in rho .49r.9eb. pv chose options reel' -or right* b low•. �.i e,.st+w+�'�•�"' -�}• gh.M end " rocei.. t00%, f the tepKity end energy of PreiKI ,.� !X:i •.sF�..`i'.'i "'s�'-�" - Mumbo. 2. and. N w htorn.M.d IST a.• - •� . y .. r1. �. CAO Agency. Prei"I H -b r 3. end '��.� `-�.:'�, Iti •'_t' �' - WNf REAS. M. Pvbhc ►ewer R*..,,. Roh.,ding bonds are to bo - l #"able from 1w,40 hotel in trv.# for rhe beowhr at /he holders el such �.' • 110,10 o,d frena se.on..es of Me Agee eV from Moioet Mvmbw 2. and. b_. 0 w detorev"oel M Itt. Age,cy. Pro. Jost Number 3, intivil" pay.n*.wt* fes fl6a/0 by she Participant* .^d a the sl. herr A9.aome.N*;end MMERlA1. M accordonc. with ►he foie Po.wors Ms. 1M osercise b/ the Afeemy of fro po-or to lase Me T rs.bik Power Ro.e,v0 lteowwtng b.ed" Is ►vbiete to Ihe wMorkotion- "fJ1 A yr{ •'ti - - • r • 4 - ' of Ouch issw,se br Ilia M.mbors Per•" _ twat to Ord:nOnco: a,d wOilh" Me pe*mom of S„ - ,. Prbstipei of rhe Pvb11t re -or R0.0eeue, ` - Ro/v,dl,9 sonde ,e, 0nr pert fhecoof esor 6,40"" thenen sten cow.$Aevt* o :J••j'... 7• Jobs. liability w .W/9otiore of rhe City . •° iy . of led$; nor does $hit Ordine.K* com- 'l;: K - _ •» • mfr Ais City of todi •e tole or pay for s tt a t arty copociry or 0,0.97 of the Project. [ . Mow. T►1f RE►ORE. rhe City Cowed- of .. y '}►3�t� tlY y" ,'�j ° - e- . tlso Cay of tem does wavin as eJ ..? .'i rt} v S� ~ '� ""' �• • 1. The Neve,ee Seed selo by the . tt +. • ti ' R� j t y 7 :,y Age ep. leer time to f1me,. As a er w waw Instoll.r �t*nis, of IN PvWk Pow*, ' ''`•� y i C'Yk� !��•S to :f) g1„ r �• rJ •it Re,R se, a." Rokmelds wb esn- a t L 3• a Cr ,. r sSn a i t `i�' 416011 M" a^* fl e in accordance .�1,.. .?:. ^fit'.. ex ff.�� ai r v. s'� i�_'t'J *.},,,.�.. �.: gwtlr0kge prMe(Iel m0iwvwnrs of eM �'�`fj✓�w alv�a 1r'? rte: r t.o,'w� :? >! A'"ij' •/21.000.000 k twObT wrAerlsed. .•- r. e, -r 1� �K 1 -its tw 4I • s� o NorwirAs OJcA masimww to�f'F St iK. ,rFa. ...tiLs.-ey,� to,di,g p• JY�.� i �f+.i� t"`t.1`Jr � 1�i ori; �lt;'p y»r. � �'� ? �a11aN plOdPd orwM. rhe Ago,cy '~ .ov�w u�•i 15'Tv' .,t'i �Y0 8.1 +,2'tun ` h Mro►y wfAwAo1 b Nsw add$- ' >1 � ;gD; 1•. y'b�• E e K ,,,.yw�:tss, -{ } easel principal amen» of iM ruWk A.{ ,a�yy ,� 'r a +it, sea rr �r P..« Ro+e,ua Relv,d ,g sods N ',• '...,, •, F;} 3 ' Us3=}vv W to the *ream regwired-so cam. [ r�` �:�,,Lv^�'7 r.Sr �S ♦� k'' 3 a , �' �.ed the "Pee .1 Ther. an{' .T ra' :G ^1•. "!•`y, w' '. y'+'. ; ra'�...' .G 1. 'w� y Mtle raw" levo,ve R.lwndi,g oro to too we. a /.,e f r `iY- 1 `IT 7 ih a •,gs t,'Rlf C'. ^r .,t..; Aa'., #4'.}-f T �«'t• r• 04 $aa" r a frorli-at a +x.- *waw ,�.,.,•.J. f� }.lye as. s+• -4 •yZ the O,estowdi•sg s0dearsdnes*. h- a,,. •y,�t`- •� y,.. 2'it. tr%sf t+r~• �.t^ ckrd.r@ intore*f e.s ovtA bWs. e,d • . N. Y�arjbR 7"1L`aJirS�Qli�. �Q tor• + '{ r. C.K.a-✓-• [ POSIM-ra to-.0-ee. "1 O.PMNt 1t*. aw «i11 ter �.,• t. ... - a sift tAe cewro[e.4" `i.,, w.� _�s� ' v��,_ w -�t,y ties`^ �T�1c'�tii'V"ii^.•,.-Ft•' ri ..sS-.L. . ' ''n" i ►4 -66. inslends ewy coots ewA0-40 it"0e311 160 of Ike 0.....ws. The v'r. ��' ` ''t '+ ,? >•.: S S'►S ,.. 11.rwd. PR .fiorobr aghee+: d. ..d W -10-wor 11o.Oon. oro to RocoMe §,e and "Kv.Od -•' -' �. j. t A011 Ir. trust 1.r the ►one .0 Sho aho.A�.&a_. of Pvbhe Pewor Revenue R.iw.wdy@ 11e•sds Dna lam re"0,00 :"xT• h i 4011ho Ago -7 tr.ra r•oj.ft %._bar 2. se dO0e.m4s.d ter The, A,.,,,. Aooct Mwesbw 3. I,schrdtr@ "rm.M tec11-d by the Age,cp hem the tar. .'t.. :ticlpents ,,der IAS M*mber -'' Agrsome.tts. ' - 2. puns ow to $action "47 01 the 7o10t PewOn Acf. INS O.dinence, to �:e� %w►jacr to eA0 probyfslns I" r*leron- pescp* IA. flectio^ .de`a a#. so". a/ CaMwmo. ' 3. Tlto city CIOrb *hen Corlett, 0, the antsy, soperdt� ono "ejtorl`rro,w 1A. Mambars. the A90.ey. M occordenca with the Joint ►o-0.2 Act 0.4 it. A9.00rnan9, hes eMorad a, ..rill .nrw into agr*omones to acq,ir. and coo,. ►trwr (or cowser to bo o1cee trod Ond gonuir,ctad) • PrejKt far lhe. 9anaro• tion end rronseniesiaes of of cork onoegy conslssing of cortein 9a0thor. met 9onoretin9 units (Leo re as Creethormel ►r04K9 Nwnb" 2) end rolotad IOcil:rios, end cop.itell ins• pro+omoMs throb that may be con. W.Coed Hem time to limo, end in. tor.*rs M cortein other pop-orry o.Id rights 9101 @ thoreb q• P,ojacl Nwmb*, 2' 1. Tho A90'"T has hor.toleto isswed its 3,40.0W.000 ►vblK rower Re.anve {ends. INS S*.ias A. and its $11.000.000 PvWK ►ower Retan,e Soda. 1917 Soria. A. ond. hos 0t*ig." to Ph* bowls of Men - feel (tetelernie) (the'book") *'*Tithes to rac.it* tette+, perrn"Is Vndor Ile mom mbor a9roo*nf ratolin;. I' Pro. love N,mb.r 7. to tog Vro /tear ebtillo. tion of rho Ner/horrt Celihrnte swy. Mw^Kepol power Co•poretion No. Two ..•� (tie-'Corpom"oft -1 to tho bowel vndor .fa a teen A9roomonl whoroin she Cor. pored." hos borre•od M* s.nownt of ' $41.000.000 from I" lien%, owls loon n Sw..nfood sty the U.11*a ties.• .p..fmMt of 0~91. *n b $mento portloa of the costs of construction and acgwkitio, of Mejoet Nsrmba► 7 (ta9ethet, tho "Cwht/en sing 'M. dobt*d"vs" ). Tho Ag*.cy Is con- sid..4n9 few Ce eel v;o,e of M a"- ileel p.oi.tt la Iho 9*nerolfon ani teensmissbn of .laric *.*.Oy tee• sion.9 of two S., m"owert goothor. w' Twat 9.norelin9 ..;to end rolotad �..., /etail4s, inctud.n9 tron"misslen. prq• posod so be co orve/ad.in Son, e^d l.►a Cw,tl*s. Stet* of C04100- r neo, and capitol Impto-oments thereto that may"co^elrvc Md from It~ to times, end i.sorosrs its cortoln t •Mor preep" o^d ■t9Mo roletg th000le ("Prol.ct Hie -beer Y'). The Ag.OKy hos on# ... a or will onler 1.10 alta " mora ogtoomen..ss (rhe ' -Mombor Agroamonti) witty cortein entities (inciwding two or more of the Mombors), p.,*~l to which the *n• [ . "Nos *^for" into sock Mombor 1 AgroermoeM with the Agowcy (the ' Porlkips"W) win. in rhe e9eroggW* ;. pwCh.» optlom "Per rights to per• t choso and/or roto$" 100!4 of the cepocity end *M,qj at the ►rojoct. "with*# the pay-*.@ of pi.sclpof *f the rvwk Power Re"twee Roevndin9 bonds nor any port thereof net ht- 1 hre*1 0.0100n wit$ to-.Rivao a debt. kobili►r w oWigerl. of the Cly of led$; not dens Ihe Ordf^onco com,sl► •�� Iho Cly 01 tedi to role of pay for any , $ capacity or view or of Iho ►roloct.. ' 1 M eye.Ky ►roposos to bsw. M *t- . terelence with ►her e9reit-ent O -W Ihe joins powers act. its ►vbllc Pwtw M"nve Refunding Dodo to protide - Iwn& lac the ocgut*ition, cerestrvcti0el •• ant lenorKing of the forefoot. The rwb1K row" Rets,,* Rolwosding y sonde *,o to M payable Orem Owels hold M vvs► 1" the belfwUt of Mo hold*,% el Swett bonds end from rievMves of" .rOr the Project MWwsbor 2 end. M oe dowmineed ►y tho o2ency. Ptotice Nvmbor 3. low - clod" Pormernro to M mode by the porlklpents w+dw fico swom"r egeemo,f►. She wdin.nte e,+tswesir@ the Is. *waste of rko P.Wk Power R*v.ns rs R*funding bond* is wbjoct to "farrier. dura. up** posontotien (within the wrSt limit p*rlod spocNld by low) at • C l�•a Pafitien (boor .9 sitnetvr*s. I. of Iso.► rho numb" re,"494 It, the law) r p*c*sling 401OW- t the edoplle.t of Iho 0#4e,9nc.a Ihe s . .r city cevwcn is togwkod r •� •. to r0gonsido# rhe orell anco. ThorS ►P". if the City Cwncil deo. ewer •Mira!► -Poet the ardinonta, th• •: wdinenca *hen be sutanitiod fend« • •> - ballot ora o r by ) 1. 'f•=•: IAO -soon *t a 001,40# of... of• . ` AV tion end the er .-s-co .Aelf net come ' oNoatiw0 onli) • majority 04 rho vorors ='�'•"'' well.@ " the 0r11in0Me rob in leve of if. Th. 1 doKrlptiM e) rho P/oc*duras 1w ►*ia1*nayrn Is bat.d tope- the •polkower rolor.ndvr pa- wi•lns of M. Celpw'de .Iocrlonc ted* rend the Cefelorni• 90,.0-m.-1 ted.. Referemeo H tetod• tehfw-:. .l.tthe long ted* and t GUtornie *M god* lar • comphter st•temont of wch prod. 00". Mov. b, 9. 10.12. 13, I902 -3114 - r ,t a >rr,.z,,,_y...i.n..•.-•wr ARenq. Irorw tiw.e to tirr tine. in ee - ws-- - -��• ws„ rR,..._�.+r.-ry e•'' were WMNw.w.rti e1 its P ww rei 1191 Revels Nren• Itr.R th MI one in a M their e their boors M • .we2� • p. t N�reRete pincipoi •n.iJAt el ,. f.1'2S.a/000R is M.ely oo.i.-hod. •/etwM.stood;MP sock 1wesLt"M *Is. is Me.b 60-ko.iss/ to bw• eeads. si•nes►tsndpoi ewwwonts of bs PollPear- Rovewoe Rel..nA" Re..ds N end to we •.isms rogw#.d N corn• The frees i fro•nire.n Me "to ►"fab Power Si itehr.dity Doi f.ersill aoMe.icsl we N be w IRA 44WsAe roh'r*r P of emof a portion of f.loMednoss. i... cl.rlw•R interest en sock Rends. end deposas eeressI-- on eepe..ses in. . tided so"coli Pogo". or Pi w. -M of"- on e1 live Ooss.ewd..y lndeMd e.ew ind..A etre costs of iseei.R sock lends end Mr P.iwdotn nec�swry in r.e call - -41"" of the a.«we.y 4.ieNness. rho t.1Lc tow- Re.e..e Rot-- 10' Ronda %s oft •e►he►hN. end Ml M inverter hsen. we M �• ►oyefss I.e.n. •.d s.cwod bwM fest a cross f- ahs ►enol. sl.e 1.sswors e/ P"►w 1i Rereads 11ob..di..R Mods end iter" re.oness •t ^oApwey befa hoject te.."or 2. and. it M deserwAr od f1 fh* Meng. tr i Nefwbor % lwdodi, it I - reseseed f1 ahs ARer.ry from Ms M. - tiespevts wader the Moni 2 s• section, asts of she $ai towers M. " O.d:newto b "also M the trsefsions tor odor*". deft Ph go section 373/.7 of qo Osctisws Code of. the $tow of CoNferwy. S. the C"Clop sham certmy toff.• -••do.Mt e1Nds O./i..once ewI ok•Is sense votive of oke aeow be be PA1111 1 d 10 ecce dewte with Section .41 of the 6e. -t"we"e Cede of iM Riese o1 CoRlerwis, . AL Si.ty f1e) a." frewi end •Is- its evoe•teat. *h Oraw-d o shoo tet• •Nsatead be No Ms liti Mahe /ill nor piwNed ti fere. . _ TNR ►001GOW6 OROReANCt M coy cou em of si C" of d1•M fAM 21ds 1 s y et Otaeber.l •q. trodK Rest AttRST: . cop a` RNtweAoRdtweko R�iseefCeNhew . . CwMyof sot Jeog"in• se. L Anse K Rebwcho. CMt Ciedi of N.• iR► of solL de fw+i1 osrsllr fAN . 'tlrlMw•me. 1»3tr*sbwrodosodso Covowd of"CC" of WA betd�October fir 1Ml end was thereafter ►•reed. •doffed. sad edered to pint w so Mn� of sold G w .tw ler nom" tilt by the ik.-w»»: .. Nose: CsowHl Members - /ewe ^Mew . devil Mexctfors - seem A%MWM CooweY Jii.f.bei , "Dow flwtker eermfy diet O.M..•t.ce M•. 1m woe ewwed Md MRwod by tAe R1ey- M tfto dose el he teowRe •vd fM caw► hes Men toNia. Per. -- - eo•oet•low. • - AtKRKMwiLtft ` AOM 10110. Ins firytlorl ° oROwANCt Op " CITY COUIKX ^y.Prored so to serve O► Ttmt Circ O: cODI AUT1sOMZPOG Ref.dd R1. $tein TNR USUANCt O► PUKIC rOwRR COW Aslrnoy I Rtvawil RKims1NNG RONOR ev 04011111101111101 CAUFORPM POWSA NOttCRMoeeo&AMCR A O a N C T (O a O T sty R M A► SWOJ 1 TO RS►RRINOUM - "Mit^"NO ►ROACT NUMMm 30 . - CRT OP tOfN - WNaRRAS. PerseoM N •she s ORM1•ANp M0. x273 slows s1 CAspssr S. Os.rislow 1. T1s1► i ASO"IM RT In$ CRT COUNCK O/ of the Govonowett Cede of the S"** 1893 CRT Or LO4a1 OM CWM"w of Comore". as extended (the 'Joao# 27.1133 Mere *Awl She CUyef cep a" coo. N.ties M Usrofy R/rew 'tket or •r fob etA•r polo* asonclos .rested eI(exnned rop.der w.eN+wR f* ,� N sAe font five 1s se •f Cewds a tis Qq o1 L -W& eltlocwi• (folfoC-111vty. tfts• Co"weirL hsid oft October 27. 1se2, 'atembrsi how -1114 bq • Ordit•.•re No. 1273 (d.o ^OrlMenso', AOM ►ewer. AR.eetwonf se owtewd. woes *dotted. TM ebb end a swnw.o.l ed(illAo ",IGxNy .roe" bete so five Ordinowc. ei set forth ►*sew the o.dlf.ae. w ref«." N.r'IANeto■... AR«.cy. r••fi«t h • dov.• •s dheoes.l felon. M» Mewr1'i. ►owls Mrih, "Pal •vel .spoor Mex" tAiiti ,s RMwt►Me •td ORD of a Of TNt Cory COUNO MINgilisi in •ee-donee sdth the OF TM CRT Of tOOi AUTNOOaWC Ap•se.oM et/ Noe Joint Pei Act. " MM^POCa Of ►UsiK ►Oval . Me• Apvcy hes etMred of wO eafor - •- RavaNUa R"UND0040 00"" Rt ixNwas M oci •wd Sen. a "ORfNaRN CAIMORN/A POWEI Wei d *Meed �► 4.Mrs• sobe isMM'.I ave/, .A641i . . E CeiMen.i• tiledlens sedgy end tlw- C+kIMenM RevernxMM tefN for. • :_ _ -.•. Complete stator wf .et tech pert: Hens. - No.. Iiii o. to. 12.13. 19" --3111 S'4 ..ver >.>,er►-.. ' - '°.r`:'='Sr!- �. .. - 101..1 re -ort act. its loth* ►err- ^ it Ill Rolewdi.y Rends to Merida tends For the ocgeisiMsa, cons»ettiam _ and 'NwencAy •! the pejocs. the Pelee ►ewer Rorovve RON OAF I fords oro to be grovel o from hest M loots lerthe fend7f A N.e ? ; hel"" d ..rel► fends eM 1ro.n rofenwo of o9oacy..from sAe ftal --' Notwfe►.2 end. N s• Nts..wix.el by�.- the •Roney, Project. Nww►sr 3. A.. be � Its, .• mss e� sli TA• rdinente ow0wrisMR. tho It. sr•nso el 1M foliit ►ower Reenee .. r.-.=' Rolyndiw2.Reewiss..iMcsso•oferew, dww. Upon (within sA• tine ►-isd specified by low) A e _ Position lbeerisyneb.res, in N pesoes.ryyorwstMeslePtiewof'the erd".enc ,. the city, co.rwcil is regwrod' to rocansidor rA•.ordinenc•. Ther,ropoa. N she. Cir► Owned docs { net ensiroly ropostAS irdiftww*. the- _ ordinance r0i be swil l Nod - bones worO" p*Kribed 1y low) N - $►e voters N • MOOS* Of %PwckA slot. flew end the erxriaf.ce two net come eNsaivo antis a twowity.of #- vols," . Oat %S o* the erdinewoe veto M fever of M. The lore,90"sd erk-ienof live is Proe.de.at for n Meed e►on the opposov- resorowdww pre. I nisi of the CaNlorM• *sections colo ani- fl.n CoUI-i.io 1,evorwwsetN Mode. Ralerence is ivode h . Mi. CeiMen.i• tiledlens sedgy end tlw- C+kIMenM RevernxMM tefN for. • :_ _ -.•. Complete stator wf .et tech pert: Hens. - No.. Iiii o. to. 12.13. 19" --3111 S'4 ..ver >.>,er►-.. ' - '°.r`:'='Sr!- �. .. - PROOF OF PUBLICATION (2015.5 C.C.PJ 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-Sentinek a newspaper of general circulation. printed and published daisy. except Sundays and holidays, in the City of Lodi, California, County of San Joaquin, and 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 26th, 1953, Case Number 65990;- that the notices of which the annexed is a printed copy (set in type trot smaller than non- pareil), has been published in each regular and entire issue of said newspaper and not in any sri; _ plement thereof on the following dates, to -wit: Nov.: 8.9»........»»..».. »._«......»».... »»....... all in the year 19_112 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Lodi, California, this » 8th _ day of eN.ttllA . _... » Sipature .. ^ _PROOF OF P . Ibis space is for the County Clerk's Filing Stamp Proof of Publication of ORDINANCE NO. 1276 U ONOI"ANCe NO.2276 ermond /Aoo ►r.ftc•Pst Aq.eooft�oortl N o A" ORDNtAMCE Or TM1 OrY COU". to 00-611 ..MH• _006 i' we «.Ytw•it.d Cot of T"E Ctt:r OF lop, ATPRov • N /he rmioct Me.wbert:.^a 2040 TME rERMS AND ComosnoNS WMERe AS. IN Agoowcr end ot1.e No•t Of AMENDMENT NO. TWO 10. Tell tete. Moon.6e.s N.e detorw.i .ed 1. ' MIMUJI /jG"SAACM1 tStCOleD tft..wd P.e.itk+mt of tN P►.w.tiPoo1 . ' mAul F04 FwAwCING ANO. A9reerme t ngeidwn9 tN to,- Ofthe' DtvJto►MeNI.ACThr"rttS Of role Pr wcp.l Agreen.e.►:.nd ' SIIErt EAST SLOCR G10TIIERMAIL t ' WNIRIA9. thA CNr: Cew.ctl 1"o, - PROJECT lETWEEN NORTHERN a" dowfool"s IAN Nos. M .Jove MN CALIFORNIA ►OWIR.AGENC♦ AND in/.restt of M. twt..woon of 0%.* else• ' ClR1AMPAIMCI►ATIFOG MlM91+1i.- Nk Iroierw of tho :C6•►.e1 to& 10., o. AND Aut"oRt2lltr�i rove EXICU• Ci/T. e1 Lodi 0-00 the MMtiNI Age. 140" OF AND Det/vIRY Of SAID rmens6o to".n.emde�: AMtNoMENt III OFFICERS Of 1I41 Now. fNEMFORE.IMCitTCwMN CITY OF top. .f IN Cloy of toI► M...rJoiw 04 ' WM9lEAS. ItWw.wr to. r/•e pe.N1-1 WI.w.: . of C► WNr !. twwo w' 1. TM. i of *NO '/N 1. t1.. Cloy C.w.eA M..►r B.MIe Md Ge..r-o.t C.dv .f -Stele of del..•eiwos Mer A..Mirwe.t li.. T..& C.I:T.r#". ve ew...dood (tM -Joint N tho ►rtnc+Mt Agrooeft.oM 6r, 004. . ►.wen ACIF-L doe City *1 to&.nd coo • N.00 cern. N w.re►F.eryt.erei. Lein .floor Polak e9 .00 to -M 0.reve-0 N the IM of tt.e Sete .1 ' 2 TM Moroor e.4 Cloy CIKM erR CeNterafe tta/festitelr, the .oMor ted N *.Ocoee .11d eteN.et i"Ameowdr *,w be, o.d onbe"I of • Met -1. hew .."eyed we e : MNGttr.tt". JoiMPew..s:Agroe....t{M.-Agr.e• 3. ►eit..MLJO Sottku. 54141 of tho ,worts•). K .w.oftdood. e.eeMnq Me : GZ-Op weml Cede of " "ate, el "wevo.r_ E.tdrwie robhe Agoowty Cewlerww. fhb C.MnencA b ev►).tt. fthe . Age nr-L a e"Wic MINT .o Loos vM.ltitftt IM "eteror.dwM ev- s►►etete owl �t t..tw the Ptkoltie oe Me for .1 t.N. Ale -bei►: end W" MAS.. 60. eccerd..te ../M thw -4. The C►tr Cl*t% then tomfir N Mo . ' Agreew..w0 e.d Ise JWM►OwenAt#- owec/ft.ent of twN Ordw.ence ertd tk." ' c.... Mit 0,1.. N N P.M,.hod . ' Ill* �Y eft% -"*,a _fte:"'" . r_trw600roo e1 -two Ageftcr.liN `►,Nett M .te.rdence wNh Secti.w $d2N of Me -bee t'y wow ewtoorod woo the rN .rerrvweftt Code .1 the Seete 04 Como is. ' Me...6et Agreemo d tSoeend tN.e») ' f. 1"(30) dote left" *,al oft.. Nt 1e. ►Mew"" e1 "&_ " errd ; '.w.tr..ewt. Mie Ordlne.te she" Rohe Ooo..M►e.eml AHiwMet .F IM SheN ION ltecw treolh.►w.o1 ♦r�jetl, de/e1 + eM.tt" be to tvR Hfo. M /we n>iw.. « of Jwo 1. ItNt, w ow...d.d N • M► ►re•lded . - .' wleewd..wt ffe. One Theiot�. Mte/ : P"PTED ►y :Ise Gory► C&~N fwd • Joao 1. IMI rhoo•ein ce"" Me -Moo.. , ►igeed 14 the MooW loud wevoov . H: NNIAIno.no*►l;en/ t...N.o Cloy Gori. MIoo..27dt rM Ai Jose. . • wtMNws. h ..•.n5 h Soenen O N' ' ,.soot' IN2.• •.. , e, b+ . t. .. "POW" AMM.weN. eetw►rept[ ' frod'M. RoN' Moon boor ogreed to • saw fe.er.clry >NHM N oke Cyr.el • ' ternwdw.ewlter 1N retPecti.e Penew.i Altetl: �. ea" Porwcy~ OF • ootot sww. Eft., Atke M. MwwcM J l • ' t:trd.ey P.rrwrrwb *rood ..MCN CMr CIerA.FrN Clly.kledl.. Il.00r.+el.re redo of t•► to ss -"".000 snN of COMM .io . .. • I • . M tots ...WI»ri..d end oypr«.d Cook son AM 4141- 1 tt: • r ' >r qo ►n,etl Mew.Mn: fwd 1. AIk0M: R.irwtM. CIIit Cf0rtl 0/ - WN9REAS. MwoM se Soctiew 4ef Ibo Cfy o11eA. N#woo►[ eorMfT d.of" ' the hwKyot Ag eerwenl. the ►,r.l.ct Orr/nonte No. 1270/ 66 MIr.l.rsedM, • Mt•wMrt ". w.rw Nem. to twos h • e ,.gets, ..00elMq of the C7ry Coenei/: wooeI [ .rit*..eiNborbo on w•cro..od 61 Me: CRY of Lodi hold Oslei.t 6 Nwo.elot c._.M61-O.S o►eo.; IM .end .ret tweroeftee Peteed. . SS. SM.OM tAo h sew be *wows t0 ed.Ned- end .0.0 N PNM N. M . ""So doe c..e►loMoow of the hojeeti odlft.wood rpvfoo. "'a -;v 0 of told ► end r Cewcd hoots ota►er 37. It03 Ter WMRRFAS. NAee ►sew do•e.lnined SeN.wl.q..te: ti N.. Agoowerr ..d tho ►reject Aro: C«rnNtMen.Mrt � Ill"PkV., . M. -boort. "I it b w""a" N M: Obert. ►MANN, Swider..0" Reid. trt.te /w. iw.onciil cew.rnitrweftl of (IMer�r) t 0"', ►r.jK/ M«www for its n►►.c+ Neon. Cooncll Merw6.n - I/e.lw ' ti.o vo ceMoge v.1k#vOtk._ of the A6r.nt: COvrKti M.rn6.rt - ►lone! iootet tw_ be «der M eo wpl.too " A6tnM: coo -col Men.600rt - Nefte. ►.eiecr N *we MM.ci►.i oon.O.M of 1 /."boor term, Met Ordi.ewee No. 1 119,000.000 ►ive o._o•wb necet...lr Int, wet oPProvwd end •sewed 6r I%* N per ..b.et1 e.00r M Svc% ►rift' E elpol..wernt; end 1 Moror M /he elete el litPe tt.*e end: tho tone hot boort Po►fithod.Per. . ` M/NERfAS, tho Agtwer and tA. Prot 6~0tolow. ' I.ct 11t.n.won I.e.r. det«rww..d N ALICE M. MCMACME ..mond Me F 4wipal Agree.wer.I to of •` Cloy Ctorw i N the I.rr_ ~r'o APPreved es!" toor.w �• ' . Net Is o..end WNENAS. tN es Ag, fwd H.. Fc. NORM. sooln %. • '. s•i t' Ht+ Mew.►e.t.he.e'MNr.wir.el tt ._•.PN.. CPVA=" .•.} 0.1202 . T i r-.l1/Su'.. e C 4 AMENDMENT NO. TWO TO 74EMBER AGREEMENT (SECOND PHASE) FOR FINANCING OF PLANNING AND DEVELOPMENT ACTIVITIES OF'THE SHELL EAST BLOCK GEOTHERMAL PROJECT This Amendment No. TWO, made as of , 1982, by and between the Northern California Power Agency (".NCPA",), a joint powers agency of the State of California, and its members who execute this Agreement (the "-Project Members".), WITNESSETH: WHEREAS, the parties hereto have executed the "Member Agreement (Second Phase) for Financing of Planning and Development Activities of the Shell East Block Geothermal Project", dated as of June 1, 1981j, as amended by Amendment No. One thereto, dated June 1, 1981(herein called the tPrincipal Agreement"); and WHEREAS, pursuant to Section 6 of the Principal Agreement, each Project Member agreed to a total financing commitment for its respective percentage participation of a total sum, including pay- ments and advances theretofore made, of up to $5,5001,000 in costs as authorized and approved by the Project Members; and WHEREAS, pursuant to Section 6 of the Principal Agreement, the Project Members may, from time to time as needs arise, authorize an increased financial commitment above $5,500,000 which can be shown to support the completion of the Project] and WHEREAS, it has been determined by NCPA and the Project Members that it' is necessary to increase the financial: commitment of each Project Member for its respective percentage participation of the totalsum in order to complete the Project • to the principal amount of $30,000,000 plus amounts necessary to pay original issue discount and interest expense on such principal amount as determined by the Commission; and WHEREAS, NCPA and the Project Members have determined to amend the Principal Agreement so as to clarify the definition of the term ".Project.". therein; and WHEREAS, NCPA and the Project Members have determined to amend the Principal Agreement so as to clarify which ".costs" are authorized by the Project Members; and WHEREAS, NCPA and the Project Members have determined to amend the provisions of the Principal Agreement regarding the term of the Principal Agreement; and trhviPea4•n� -n:.+ ..wze;:.''a'°,`s:;": x` '1:.i+ AMENDMENT NO. TWO TO :iEMBER AGREEMENT (SECOND PHASE) FOR FINANCING OF PLANNING AND DEVELOPMENT ACTIVITIES OF' THE SHELL EAST BLOCK GEOTHERMAL PROJECT This Amendment No. Two, made as of r1982, by and between the Northern California Power Agency (".NCPA`,), a joint powers agency of the State of California, and its members who execute this Agreement (the ".Project Members..".) , WITNESSETH: WHEREAS, the parties hereto have executed the ",Member Agreement (Second Phase) for Financing of Planning and Development Activities of the Shell East Block Geothermal Projects, dated as of June 1, 1981, as amended by Amendment No. One thereto, dated June 1, 1981 (herei-n called the "-Principal Agreement.",); and WHEREAS, pursuant to Section 6 of the Principal Agreement, each Project Member agreed to a total financing commitment for its respective percentage participation of a total sum, including pay— ments and advances theretofore made, of up to $5,500,000 in costs as authorized and approved by the Project Members; and WHEREAS, pursuant to Section 6 of the Principal Agreement, the maect Members Project Y, from time to time as needs aricep authorize an increased financial commitment above $5,500,000 which can be shown to support the completion of the Project; and WHEREAS, it has been determined by NCPA and the Project Members that it* is necessary to increase the financial commitment of each Project Member for its respective percentage participation of the total,sum in order to complete the Project* to the principal amount of $30,0001,000 plus amounts necessary to pay original issue discount and interest expense on such principal amount as determined by the Commission; and WHEREAS, NCPA and the Project Members have determined to amend the Principal Agreement so as to clarify the definition of the term '.Project" therein; and WHEREAS, NCPA and the Project Members have determined to amend the Principal Agreement so as to clarify which !"costs" are authorized by the Project Members; and WHEREAS, NCPA and the Project Members have determined to amend the provisions of the Principal Agreement regarding the term of the Principal Agreement; and WHEREAS, this Agreement shall not take effect until execution and delivery by each of the Project Members; NOW THEREFORE, the parties hereto agree as follows: SECTION 1. Pursuant to the provisions of Section 5 of the Principal Agreement, the financial comitment of each Project Member for its respective percentage participation of the total sum shall be increased to the principal amount of $30,000,0000, plus amounts neces- sary to pay interest expense on such principal amount. SECTION 2. The defined term ".Project" shall include, in addition to the meaning ascribed thereto in the Principal Agreement, two 55 megawatt geothermal generating units and related facilities, including transmission, proposed to be constructed in Sonoma and Lake Counties, California, and capital improvements thereto that may be constructed from time to time, and interests in certain other prop- erty and rights relating thereto. • SECTION 3. Costs authorized by the Project Members shall include, but shall not be limited to, all costs of 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 financing of costs of construction or acquisition of the Project, including engineering, inspection, legal and fiscal agents' fees and costs of _ issuance and sale of any notes or other evidences of indebtedness. SECTION 4. Section 5 of the Principal Agreement is hereby amended to read'in full as follows: ".Section S. Tom. This Agreement shall take effect on June 1, 1981, or whenever executed by NCPA members hold- ing 85% of the initial percentage participation, whichever is later, and it shall not take effect at all if not in effect by August 1, 1981. This Agreement shall not be binding upon Plumas-Sierra Rural Elect-ic Cooperative until approved in writing by the Administrator of Rural Electrification Administration. This Agreement shall be superseded upon the first issuance of Project bonds by the Final Power Contract in which Project Members shall enter any time prior to the issuance of the Project bonds, pursu- ant to Section 2, except that Section 4 shall remain in effect. Changes in this provision, except as to Section 4, shall be in accordance with Section 3 hereof." SECTIONS. This hgze�%ment shall take effect upon its exe- cution and delivery by each of the Project Members. IN WITNESS WHEREOF, each Project Member has executed this Agreement with the approval of its governing body, and caused its of f icial seal to be of f ixed, and NCPA has authorized this Agreement in accordance with the authorization of its Commission. 07 NORTHERN CALIFORNIA POWER AGENCY By: By: CITY OF ALAMEDA By• By: CITY OF BIGGS By: By• CITY OF GRIDLEY By: By: s. CITY OF REDDING By: By• CITY OF HEALDSBURG By: By: CITY OF LODI By: 4-ej• Fred H. Rei Ma, By: AllCe Fl. Keimcnes/tony uTerK--- CITY OF LOMPOC By • By:. CITY OF PALO ALTO By: By: CITY OF UKIAH By:, By: CITY OF ROSEVILLE PLUMAS--SIERRA RURAL ELECTRIC COOPERATIVE By• By: — BY: By, CITY OF SANTA CLARA By. By. �o