HomeMy WebLinkAboutOrdinances - No. 1294ORDINAWE NO. 1294
AN ORDIMINCE OF THE CITY CoUNcIL OF THE CITY OF LODI,
CALIFORNIA, APPROVING THE TEBMS AND CONDITIONS OF A
MFMBER AGREFMhlT BExwEEN ND- CALmm POGJER
AGE" AND CEFCAIN PAEUICIPATING MENEEES AND AMESUDMENT
NO. ONE TO SUCH A-, AND AUTHORIZING THE EXECUTION
OF AND DEGNEliy OF SAID A- AND
OFFICERS OF THE CITY OF LQDI, CYLDORNIA.
WHEREAS, pursuant to the provisions of Chapter 5, Division 7,
Title 1 of the Goverment code of the State of California, as anmded (the
"Joint Powers Act") , the City of Lodi (the "City") and certiun * other public
agencies created pursuant to the laws of the State of California
(collectively, the "Members") , have entered into a Joint Powers Agr-t
(the "Agreemat") creating the 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
Agreemnt the Agency propses to acquire and construct or cause to be
acquired and constructed and to opate or cause to be operated a project
(the "Project") consisting of (i) two 55 qawatt geothermal generating
units, and related facilities, including transmission facilities to the
generating tie, in the State of California, and all rights, properties and
improvenmts necessary therefor, including fuel and water facilities and
resources, and capital bprovenmts thereto that my be construc
time to time, and interests in certain other property and rights
thereto, with the project; (ii) Project No. 2, subject to the ri
participants therein; and (iii) the refinancing of certain Eevel
expenditures; and
electric power and energy to met the demands of the customer
electric system, and, as such
WHEREAS, this City Council finds and determines that
best interests of the custmers of the electric system of the
City to enter into the Agreemnt for construction, operatio
of Geothml and Generating Project Nmkr 3 (the "Member
substantially the form suhittd to this City Council and
convenience as of July 1, 1983;
BY
WHEREAS, the City has need for an econanical, reliable
WHEREAS, this City Council finds and determines that
best interests of the custawrs of the electric system of
City to purchase electric capacity and energy of the
WHEREAS, pa-ts by the City pursuant to the Member Agremsnt will be used in part by the Agency for pa-t of principal of and interest
on its bonds, notes or other evidences indebtedness issued in connection
with the construction, omation and financing of the Project;
WHEREAS, this City Council finds and determines that it is also
desirable to arnend the Mscber Agremsnt in accordance with the terms and
provisions of Amendment Mrmber One To Agreerent for Construction, operation
and Financing of Geothermal Generating Project Number 3 dated as of August
1, 1983 (the "&wndn-ent") ;
W, THEREFORE, the City Council of the City of Lodi, California
does ordain as follms:
1. The City Council hereby finds and determines that the terms
and conditions of the Member Agreemmt (including the Fast Block
Entitlemnt Percentage and the Project Entitlmt Percentage of the City
set forth in Appdix A thereto) in substantially the form submitted to
this City Council be, and the same are hereby, approved.
2. The Ekst Block Ehtitlen-mt Percentage of the City as set
forth in Appndix A to said Memkr Agreemnt may be increased to such
percentage, not to exceed six percent (6.00%), as shall be determined by
the City Council of the City.
The Project Entitlmt Percentage of the City as set forth
in Appdix A to said Member Agreemat may be increased to such percentage,
not to exceed 10.28 percent (10.28%), as shall be determined by the City
Council of the City.
The City Council hereby further finds and determines that the
terms and provisions of the Arnendhnent in substantially the form submitted
to this City Council be, and the same are hereby, approved.
5. The City is hereby authorized to enter into the Member
Awt and the Amendwnt and the Mayor and City Clerk are hereby
authorized to execute and deliver the Member Agreement and the Ammdwnt by
and on behalf of the City.
3.
4.
6. 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.
7. The City Clerk shall certify to the enactTnent of this
Ordinance and shall cause this Ordinance to be published in accordance with
Section 54242 of the Government Code of the State of California.
-2-
8. Thirty (30) days frm and after its enactment, this Ordinance
shall take effect and be in full force, in the manner provided by law.
ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21stday of Sep-> 1983.
Attest: .
I
City Clerk
-3-