Part 1 — PURPOSE AND CONSTRUCTION

The purpose of this Chapter is to establish procedures to secure credit facilities as set forth herein to support the operations of San José Clean Energy.

(Ord. 30121.)

A.

All terms used in this Chapter that are defined in Title 26 of this Code shall have the meaning established in Title 26.

B.

Whenever the following terms are used in this Chapter, they shall have the meaning established by this Section:

"Credit Facility" means a loan, revolving line of credit, non-revolving line of credit, letter of credit or any other similar credit facility or arrangement made or issued by a Credit Provider, together with any and all agreements related or ancillary thereto, that is payable solely from Revenues and any other legally available funds as permitted pursuant to Section 4.040.080 hereof. The term Credit Facility excludes revenue bonds.

"Credit Provider" means a bank, corporation, public entity, agency, instrumentality, political subdivision or any similar entity or organization permitted under the laws of the United States to make or issue a Credit

Facility.

"Revenues" means all income, rents, rates, fees, charges, and other moneys that the City derives from San José Clean Energy and any other legally available funds that the City Council may, in its discretion, designate as Revenues in the documents governing the Credit Facility.

(Ord. 30121.)

The proceedings for the City Council's approval of, or the delegation of authority to approve, the documents related to securing a Credit Facility may be conducted pursuant to this Chapter whether or not provided in any state law.

(Ord. 30121.)

A.

This Chapter is not, in any way, exclusive.

B.

The procedures provided in this Chapter are alternative to any other procedure provided in this Code or under state law.

(Ord. 30121.)

To the extent this Chapter is inconsistent with any general statute or special act, this Chapter will control.

(Ord. 30121.)

This Chapter, being necessary for the health, welfare, and safety of the City and its residents and businesses, is to be liberally construed to carry out its purposes.

(Ord. 30121.)