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HomeMy WebLinkAbout79-77 1 4 6 ? 8 9 10 11 12 18 14 1§ 16 17 18 19 RESOLUTION NO. 79-77 RESOLUTION OF THE CITY COUNCIL OF TtIE CITY OF UKIAH APPROVING AMENDMENT NO. ONE TO NCPA MEMBER AGREEMENT FOR PARTICIPATION IN ELECTRIC POWER DEVELOPMENT FUND REVISED AS OF MAY 1, 1978 WHEREAS, the Development Fund of the Northern California Power Agency requires short term and supplemental financing beyond the current resources of the Development Fund, and WHEREAS, the Northern California Power Agency has adopted a financing plan in order to raise the required funds, and WHEREAS, the City of Ukiah participates in and supports the projects of the Development Fund, NOW, THEREFORE BE IT RESOLVED that that Amendment No. One of the NCPA member agreement for participation in the electric Power Development Fund revised as of May 1, 1978, and attached hereto and made a part hereof is hereby approved and the Mayor and City Clerk are authorized to execute same on behalf of the City of Ukiah. PASSED AND ADOPTED this 2nd day of May , 1979, by the following roll call vote: 20 AYES: Councilmembers Hickey, Myers, Simpson, Brannon, Mayor Snyder 21 NOES: None ABSENT: None ATTEST: Ci ~y Clerk · 8O 82 AGREEMENT A~NDMENT NO. ONE TO NCPA MEMBER AGREEMENT FOR PARTICIPATION IN ELECTRIC POWER DEVELOP- MENT FUND REVISED AS OF MAY 1, 1978 1. This agreement amends the NCPA Member Agreement for 4 Participation in Electric Power DeveloPment Fund revisedas of May 1 April 26, 1979, and becomes effective at the time and in the manner hereafter provided. 2. Except as specifically provided herein, the Development 5 ii~ 1978, herein the Development Fund Agreement, is dated as 'of 9 :~; Fund Agreement is continued in full force and effect; and words 10 ~t used in this agreement which are defined in the Development Fund 11 ii~ Agreement mean the same thing as 'in the Development Fund Agree- ment. 3. The following is added to section 2, subdivision (a) , of the Development Fund Agreement: "Without limiting the generality of the foregoing 'Devel- opment Costs' include the costs of an exploration and devel- opment program for geothermal steam." 4. The following is added to section 2, subdivision (g), of the Development Fund Agreement: "Participating Members as of April 26, 1979, are the Cities of Alameda, Biggs, Gridley, Healdsburg, Lodi, Lompoc, Roseville, Santa Clara, and Ukiah, and Plumas-Sierra Rural Electric CooPerative." 5. The following is added to section 2, subdivision (h) , of the Development Fund Agreement: "Participation percentages of Participating Members as of April 26, 1979, are as follows: Alameda, 14.994%; Biggs, 0.167%; Gridley, 0.334%; Healdsburg, 3.177%; Lodi, 14.560%; Lompoc, 3.266%; Roseville, 3.177%; Santa Clara, 54.651%; Ukiah, 4.972%; and Plumas-Sierra, 0.702%. 6. The following is added to section 7, subdivision (a) of the Development Fund Agreement: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 80 81 82 ! 4 10 11 14 1,5 £$ $1 "In addition to the ten equal semiannual payments provided for above, each Participating Member agrees to pay to the Development Fund the following supplemental amounts: Alameda $ Biggs Gridley Healdsburg Lodi Lompoc Roseville Santa Clara Ukiah Plumas-Sierra 914,600 10,200 20,400 193,800 888,200 199,200 193,800 3,333,700 303,300 42,800 $ 6,100,000 The foregoing supplemental payments, or any portion thereof in one-hundred dollar increments, may be made in cash into the Development Fund on or before July 1, 1979." "Any portion of the supplemental payment not paid in cash by any Participating Member shall be paid in ten equal, semiannual installments commencing September 15, 1980. The amount of such semiannual installments shall be computed by the following formula: SAI = [ Sp - (1.09475951 x Cp)] x 0.12950457 0.8 Where SAI equals the participant's semiannual install- ment; and sp equals -the participant's supplemental pay- ment amount, the total for all participants equals $6,100,000; and Cp equals the participant's cash payment made into the Development Fund on or before July 1, 1979, which cannot exceed Sp divided by 1.09475951." 7. The following is added to Section 13 of the Develop- -2- 1 2 6 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 25 26 27 29 3O $1 S2 ment Fund Agreement: "Such assignment may be made to secure a loan made to a nonprofit corporation created by and acting on be- half of NCPA to 'carry out some of the purposes for which this agreement is entered into. NCPA may make more than one assignment, and any such assignment may be for any portion of any one or more payments to be made to it hereunder." 8. This agreement shall take effect when executed by NCPA and-at least six Participating Members, as evidenced by the dates opposite their signatures, if such signatures are affixed on or before June 11, 1979; otherwise this agreement shall not become effective. Each executing participant further agrees in the attached Appendix I of this amendment to submit to NCPA, by June 11, 1979, the amount and payment date of any advance cash payments to be made by July 1, 1979, and the computed semiannual in- stallment commencing September 15, 1980. This agreement, once effective, shall continue in force for the full term of the Development Fund Agreement, unless renewed, plus additonal periods as provided therein. This agreement shall not be signed by nor binding upon Plumas-Sierra Rural Electric Cooperative until and unless it is approved by the Administrator of the Rural Electrifi- cation Administration of the U.S. Department of Agriculture. If such consent is not given by July 1, 1979, or within such further time as may be allowed by formal resolution of NCPA's Executive Committee, Plumas-Sierra shall thereafter not be a party to this agreement. If any Participating Member shall not execute this agreement within the time provided, the Participating -3- 1 2 8 4 6 8 9 10 11 12 13 14 15 16 18 19 2O 21 22 23 24 25 26 27 80 $1 82 Percentage of such member in future Projects shall be reduced to that of the proportion of the total contribution of such member to the total of contributions of all members. IN WITNESS WHEREOF the parties hereto have executed this agreement by their officers, and have attached resolutions of their governing bodies authorizing such execution. (Date) NORTHERN CALIFORNIA POWER AGENCY By and General Manager CITY OF ALAmeDA By and CITY OF BIGGS By and CITY OF GRIDLEY By and CITY OF HEALDSBURG By and CITY OF LODI By and CITY OF LOMPOC By and 1 2 6 ? 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 2~ 25 26 27 28 $0 81 82 May 2; 1979 -5- CITY 'OF ROSEVILLE BY and CITY OF SANTA CLARA By and CITY OF UKIAH · . / City Cle~k PLUMAS-SIERRA RURAL ELECTRIC CO- OPERATIVE By and