HomeMy WebLinkAbout797[Ordinance approving amendment to Shell Second Phase Agreement]
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ORDINANCE NO. 797
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH i , APPROVING THE TERMS AND CONDITIONS
OF AMENDMENT NO. TWO TO THE MEMBER AGREEMENT
(SECOND PHASE) FOR FINANCING AND DEVELOP~IENT
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
UKIAH
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
Ukiah and certain other public agencies created pursuant to the
laws of the State of California (collectively, the "/~embers"), 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 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 the Agency and the
Project Members, that it is necessary to increase the financial com-
mitment 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 amount; and
WHEREAS, the Agency and the Project M~nbers 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 th~ 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 Ukiah for the City of Ukiab that the Principal
Agreement be so amended;
NOW, THEREFORE, the City Council of the City of Uk~ah
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 Mayor and Clerk are authorized to execute
and deliver said Amendment by and on behalf of the City of
Uk~ah
3. Pursuant to Secuion 54241 of the Government Code of
the State of California, this Ordinance is subject to the provisions
for referendum applicable to the City of Ukiah .
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 and signed by the Mayor
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attested by the £ity Clerk this 20thday of 0ct0ber , 1982.
and
__
Attest:
Cttj_C]erk_ of the City of _ Mayor {)_ of the City %f
._ Uk~ ab Uki ah
(Seal)