Loading...
HomeMy WebLinkAbout833178 ORDINANCE. NO. _833 ' CIT , ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH _, CALIFORNIA, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT AMONG NORTHERN CALIFORNIA POWER AGENCY AND CERTAIN PROJECT PARTICIPANTS AND APPROVING THE EXECUTION OF AND DELIVERY OF SAID AGREEMENT BY OFFICERS OF THE CITY OF __UKI^H . WHEREAS, pursuant to the prov. isions relating to joint exer- cise of powers found in Chapter 5 of Division 7 of 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 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 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 not more than seven 24-megawatt combustion turbine generating units or such lesser number of units, but not less than three, as will be determined in accordance with the terms and conditions of the Third Phase Agreement (as hereinafter defined), and related facilities, including electric facilities nec- essary for the Project to interconnect with the adjacent electric system, and all rights, properties and improvements necessary there- for, including fuel and water facilities and resources, and capital improvements that may be constructed from time to time. WHEREAS, the City has need for an economical and reliable source of electric power and energy to meet the demands of the cus- tomers of its electric system; 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 for the City to enter into the Agreement for Construction, Operation and Financing of Combustion Turbine Project Number One (the "Third Phase Agreement") in substantially the form sukmitted to this City Council and dated for convenience as of July 1, 1984; and WHEREAS, this City Council finds and determines that the purchase of electric capacity and energy of the Project from the Agency on the terms and conditions set forth in the Third Phase Agreement is necessary to supply the customers of the el'ectric system of the City with electricity; and WHEREAS, payments by the City pursuant to the Third Phase Agreement will be used in part by the AgencY for Payment of Drincina] of and interest on its bonds, notes or other evidences of indebtedness issued in connection with the construction, operation and financing of the Project; UKIAH NOW, THEREFORE, the City Co. uncil of the City of does ordain as follows: 1. The City Council hereby approves the act of entering into the Third Phase Agreement and the terms and conditions of the Third Phase Agreement (including the Project Entitlement Percentage of the City set forth in each of Appendices A-1 through A-5 thereto) in substantially the form sukmitted to this City Council be, and the same are hereby, approved. 2. The Project Entitlement Percentage of the City as set forth in each of Appendices A-1 through A-5 to said Third Phase Agreement may be increased to such percentage, not to exceed an increase of ZERO percent ( .... 0 %) of the larqest Project Entitlement ! Percentage ~nalcatea ~or the C~ty an any o~ Appena~ces A-I tnrougn A-5 of the Third Phase Agreement, as shall be determined by the £ity_ r~nmm¢i~f the City. In addition to any changes authorized by the immediately preceding sentence, the City hereby authorizes and approves any other amendment to any or all of Appendices A-1 through A-5 of the Third Phase Agreement as to Project Participants (as defined in the Third Phase Agreement) other than the City necessary so that the Project Entitlement. Percentages of all the Project Participants shall equal one hundred percent (100%). 3. The City is hereby authorized to enter ihto the Third Phase Agreement and the .... Mayo~ . _. and the City £]prk are hereby authorized to execute and deliver the Third Phase Agreement by and on behalf of the City with such changes, insertions and omissions as may be approved by the City Counci$ said execution being conclusive evidence of such approval. 4. 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. 5. 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. 6. 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. MAYOR of . Augu, st ADOPTED by the City Council and signed by the'- and attested by the CITY .C_LERK this 15th day , 1984. Attest: MAYOR (SEAL) CITY CLER~ U 179