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HomeMy WebLinkAbout819118 / 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 has entered or will enter into agreements to acquire a project (the "Project") to consist of rights to capacity and energy from the North Fork Stanislaus River Hydroelectric Development Power Project, a hydroelectric project proposed to be constructed in the State of California, and capital improvements thereto that may be constructed from time to time, and interests in certain other properties and rights relating thereto; and WHEREAS, the City has heretofore entered into the Agreement for Construction, Operation and Financing of the North Fork Stanislaus River Hydroelectric Development Project (the "Member Agreement") dated for convenience as of September 1, 1982, to purchase electric capacity and energy of the Project from the Agency; and WHEREAS, this City Council finds and determines that it is desireable to amend the Member Agreement in accordance with the terms and provisions of Amendment Number One To the Agreement for Construction, Operation 'and Financing of the North Stanislaus River Hydroelectric Development Project dated as of August 1, 1983 (the · "Amendment "); 119 follows: NOW, THEREFORE, the City Council of the City does ordain as 1. The City Council hereby finds and determines that the terms and provisions of the Amendment i~ substantially the form sub- mitted to this City Council be, and the same are hereby, approved. 2. The Mayor and £]~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 for referendum applicable to the City. 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 £itv £]~rk this ?Nth day of g~p~mh~r , 1983. Atte st: City Clerk of the City of Ukiah Mayor of the 'City 0~ Ukiah (Seal)