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HomeMy WebLinkAbout818116 ORDINANCE NO. ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH _, APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO A MEMBER AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND CERTAIN PARTICIPATING MEMBERS, AND AUTHORIZING THE EXE- CUTION 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 (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"), 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 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 head- quarters 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 entered or will enter into the Agreement for Construction, Operation and Financing of Geothermal Generating Project Number 3 (the "Member Agreement") dated for conve- . nience as of July 1, 1983, to purchase electric capacity and energy. of the Project from the Agency; and 117 WHEREAS, this City Council finds a~d determines that it is desireable to amend the Member Agreement in accordance with the terms and provisions of Amendment Number One To Agreement for Construction, Operation and- Financing of Geothermal G~n~rating Project Number 3 dated as of August 1, 1983 (the "Amendment"); NOW, THEREFORE, the City Council of the City does ordain as follows: 1. The City Council hereby finds and determines that the terms and provisions of the Amendment in substantially the form sub- mitted to this City Council be, and the same are hereby, approved. 2. The Ma.¥or and C]~rk are authorized to execute and deliver said Amendment 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 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 and attested by the ~i~¥ Clerk this 20th day of 5~.mt~mh~r , 1983. Attest: City £]~rk of the City of IJki~h Maynr of t~h~ City of~ Uki.~h (Seal)