HomeMy WebLinkAbout2007-34 northern ca power agencyCITY OF UKIAH
RESOLUTION NO. 2007-34
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF UKIAH
APPROVING A MARKET PURCHASE PROGRAM AGREEMENT WITH THE
NORTHERN CALIFORNIA POWER AGENCY AND DELEGATING AUTHORITY TO
APPROVE POWER PURCHASES PURSUANT TO SAID AGREEMENT
WHEREAS, the City of Ukiah ("City") has a municipal electric utility, is a member of the
Northern California Power Agency ("NCPA"), and has the need to purchase electric energy or
capacity to meet its future electric power needs; and
WHEREAS, NCPA is willing to undertake the purchase of electric energy and capacity
for its members pursuant to its Mazket Purchase Program Agreement (the "MPPA") up to a
period of 5 yeazs and
WHEREAS, utilizing the MPPA, NCPA will enter into power purchase agreements for
the benefit of participating members, which agreements shall be in the form of the Western
Systems Power Pool Agreement ("WSPP Agreement") or the Edison Electric Institute Master
Power Purchase and Sale Agreement ("EEI Master Agreement"), with such modifications as
have previously been approved by the NCPA Commission, and which modifications have been
reviewed and are concurred in by the City; and
WHEREAS, it is recognized that the market for electric energy or capacity may not
support the modifications to the WSPP Agreement or EEI Master Agreement or may only
support such modifications with unacceptably high prices, or may require other additional or
contradictory modifications; and
WHEREAS, requests for proposal for the purchase of electric energy or capacity must be
responded to within a very short time frame; and
WHEREAS, the MPPA provides that, following the issuance of a request for proposals
for power or capacity, the execution of a Participant Purchase Confirmation by the Designated
Representatives of an NCPA member participating in the MPPA will be deemed the subscription
by that NCPA member to the purchase of power or capacity upon the terms negotiated, whether
or not such modifications have been made to the WSPP Agreement or EEI Master Agreement;
and
WHEREAS, maintenance of an adequate, cost effective supply of electric energy or
capacity is a matter of critical importance, directly affecting the public health, safety and welfare.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah does
hereby approve the NCPA Market Purchase Program Agreement, said agreement is on file with
office of the City Clerk and is incorporated into this resolution by reference, and authorizes the
City Manager to execute the same on behalf of the City; and
BE IT FURTHER RESOLVED, that the City Manager is authorized to execute such
amendments and supplements to the same as the City's Manager determines, with the advice of
Counsel, to be necessary or appropriate from time to time hereafter to cure any ambiguity or
eliminate superfluous provisions or to correct or supplement any defective provision of the same.
BE IT FURTHER RESOLVED, that the City Manager or the City's Electric Utility
Director are hereby designated as the "Designated Representatives" of the City pursuant to the
MPPA. Such Designated Representatives are hereby authorized to execute Participant Purchase
Confirmations for either or both electric energy and capacity and to accede to or agree to
amendments to either the WSPP Agreement or the EEI Master Agreement with the advice of
counsel, provided that such Participant Purchase Confirmations are entered into in conformance
with the MPPA. The obligations entered into by such officers on behalf of the City shall be
valid and binding, and the City agrees to pay for such obligations in accordance with the MPPA
as fully and as if each such Participant Purchase Confirmation and transaction were directly
presented to and individually approved by it.
Dated: September 19, 2007
Vote upon the foregoing resolution was as follows:
AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin
NOES: None
ABSENT: None
ABSTAIN: None
.APPROVED: ~~ ~ ATTE T;,v
Mari Rodin, Mayor Lm rown, `m City Clerk