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HomeMy WebLinkAbout95-24RESOLUTION No. 95-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING EXECUTION OF SUPPLEMENT No. 3 TO THE JOINT POWERS AGREEMENT OF THE NORTHERN CALIFORNIA POWER AGENCY WHEREAS, the Comission of the Northern California Power Agency has found and detemfined that the Port of Oakland is suitable for membership in NCPA and, WHEREAS, the Comission of the Northern California Power Agency voted unanimously to direct the General Manager to accept the Port of Oakland's application for membership and, WHEREAS, it has been determined that the Port of Oakland's membership would benefit the existing NCPA members and, WHEREAS, NCPA's General Council has determined that the Port of Oakland meets all necessary legal requirements for membership, NOW, BE IT HEREBY RESOLVED, that Mayor Fred Schneiter has been authorized to execute Supplement No. 3 to the Joint Powers Agreement of the Northern California Power Agency on behalf of the City of Ukiah. PASSED AND ADOPTED by the following roll call vote. AYES: Councilmembers Mastin, Malone, Wattenburger, ABSENT: None ~in: None Shoemaker, and Mayor Schneiter SUPPLEMENT NO. 3 TO NORTHERN CALIFORNIA POWER AGENCY JOINT POWERS AGREEMENT This Agreement, dated as of ,1994, by and among the parties signatory hereto, hereinafter called "Parties," witnesseth that WHEREAS, all of the Parties hereto, except the City of Oakland, a municipal corporation acting by and through its Board of Port Commissioners, herein called "the Port," are also parties to that Agreement first made the 19th day of July, 1968, and revised as of the first day of April 1973, as amended, which agreement is herein called the "Joint Powers Agreement;" and WHEREAS, the Joint Powers Agreement created the Northern California Power Agency, herein called "NCPA," pursuant to section 6500 et seq. of the Government Code of the State of California, of which all Parties hereto except the Port are members or associate members; and WHEREAS, the Port and the other Parties hereto desire that the Port shall become a party to the Joint Powers Agreement and a member of NCPA on the same basis as each of the other members; and WHEREAS, the Port is a department of the City of Oakland, a municipal corporation and a public agency of the State of California, and is entitled to be a preference pumhaser of electric service from the Central Valley Project of the United States, and has powers equivalent to those of the other members of NCPA so far as is relevant to the powers of NCPA; now therefore, the Parties, including the Port, agree as follows: Section 1. On and after the effective date of this Agreement, the Port shall be a member of NCPA and a party to the Joint Powers Agreement, and shall have the same rights, powers, and privileges and immunities, duties, and obligations as any other member of NCPA as of that effective date. Section 2. The Port shall not be liable for any share of the organization, planning, or other costs of NCPA incurred prior to the effective date of this Agreement, and shall not by force of this Agreement become a party to any other agreement or instrumentality of NCPA entered into or created prior to the effective date of this Agreement, or except with its consent and the consent of all other NCPA members and associate members who are parties to such agreement or instrumentality evidenced separately from this Agreement. Section 3. This Agreement shall take effect on the first day of the calendar month following the complete execution of this Agreement by the Port and all members and associate members of NCPA. CITY OF A1 AMEDA CITY OF BIGGS By. By Date Date CITY OF HEALDSBURG CITY OF ROSEVILI,F, By. By Date Date CITY OF LODI CITY OF SANTA CLARA By. By Date Date CITY OF LOMPOC TURLOCK IRRIGATION DISTRICT By By Date Date CITY OF PALO ALTO By Date CITY OE, UKIAH Date October 20, 1~ CITY OF KEDDING PLUMAS-SIERRA RURAL EI~ECTRIC COOPERATIVE Date Date CITY OF GRIDLEY TRUCKEE DONNER PUBLIC UTILITY DISTRICT Date Date PORT OF O~D Date