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ORDINANCE NO. 8] 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH, CALIFORNIA, APPROVING THE TERMS AND CON-
DITIONS OF A MEMBER AGREEMENT BETWEEN NORTHERN
CALIFORNIA POWER AGENCY AND CERTAIN PARTICIPAT-
ING MEMBERS AND AUTHORIZING THE EXECUTION OF AND
DELIVERY OF SAID AGREEMENT BY O~FICERS OF TIlE
CITY OF UKIAH (GEOTHERMAL PROJECT NO. 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 Ukiah (the "City") 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")
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 Agreement,
the Agency proposes to acquire and construct or cause to be acquired and
constructed and to operate or cause to be operated a project (the "Project")
consisting of (i) two 55-megawatt geothermal generating units, and related
facilities, including transmission facilities to the generating tie, in the
State of California, and all rights, properties and improvements necessary
therefor, including fuel and water facilities and resources, and capital
improvements thereto that may be constructed from time to time, and interests
in certain other property and rights relating thereto, including a
headquarters facility for use by the Agency in connection with the Project;
(ii) Project No. 2, subject to the rights of the participants therein; and
(iii) the refinancing of certain Development Fund expenditures; and
WHEREAS, the City has need for an economical, reliable source of electric
power and energy to meet the demands of the customers of its electric system,
and, as such
WHEREAS, this City Council finds and determines that it is in the best
interests of the customers of the electric system of the City for the City to
enter into the Agreement for construction, operation and financing of
Geothermal Generating Project Number 3 (the "Member Agreement") in
substantially the form submitted to this City Council and dated for
convenience as of July 1, 1983;
WHEREAS, this City Council finds and determines that it is in the best
interests of the customers of the electric system of the City for the City to
purchase electric capacity and energy of this Project from the Agency;
WHEREAS, payments by the City pursuant to the Member Agreement will be
used in part by the Agency for payment of principal of and interest on its
bonds, notes or other evidences of indebtedness issued in connection with the
construction, operation and financing of the Project;
NOW, THEREFORE, the City Council of the City of Ukiah does ordain as
follows:
1. The City Council hereby finds and determines that the terms and
conditions of the Member Agreement (including the East Block Entitlement
Percentage and the Project Entitlement Percentage of the City set forth in
Appendix A thereto) in substantially the form submitted to this City Council
be, and the same are hereby, approved.
2. The City is hereby authorized to enter into the Member Agreement and
the Mayor and the Clerk are hereby authorized to execute and deliver the
Member Agreement by and on behalf of the City.
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.
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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 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 provided by law.
ADOPTED by the City Council and signed by. the Mayor and attested by the
City Clerk this 7th day of September , 1983.
Mayor
Attest:
City Clerk