HomeMy WebLinkAboutOrdinances - No. 1269ORDINANCE NO. 1269
I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI,
CALIFORNIA, APPROVING THE TERMS AND CONDITIONS OF A
MEMBER AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER
THE EXECUTION OF AND DELIVERY OF SAID AGREEMENT BY OFFICERS
OF THE CITY OF LODI, CALIFORNIA.
AGENCY AND CERTAIN PARTICIPATING MEMBERS, AND AUTHORIZING
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 Lodi 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 Pub1 ic Agency (the "Agency") , a pub1 ic
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")
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
to consist of rights to capacity and energy from the North
WHEREAS, the City of Lodi has need for an economical , reliable
source of electric power and energy to meet the d@nands of the cus~omers of
its electric system, and, as such, has determined that it is desirable to
enter into the Agreement for Construction, Operation and Financing of the
North Fork Stanislaus River Hydroelectric Development Project (the "Member
Agreement") in the form submitted to this City of Lodi and 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 in the
-I-
best interests of the customers of the electric system of the City of Lodi
for the City of Lodi to purchase electric capacity and energy of the Project
from the Agency;
NOW, THEREFOREy the City Council of the City of Lodi does ordain
as follows:
1. The City Council hereby finds and determines that the terms
and conditions of the Member Agreement, including the Project Entitlement
Percentage of the City of Lodi of 10.37 percent (10.37%) be, and the same
are hereby, approved.
2. The Project Entitlement Percentage of the City of Lodi as set
forth in Appendix A to said Member Agreement may be increased (to such
percentage, not to exceed 10.37% percent (10.37%), as shall be determined
by the City Council of the City of Lodi).
3. The Mayor and City Clerk are authorized to execute and deliver
said Member Agreement by and on behalf of the City of Lodi.
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 of Lodi.
5. The City Clerk shall certify to the enactment 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.
6. Thirty (30) days from 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 s gned by the Mayor and attested
1269
rl
by the City Clerk this 15th day of September, 1982 by the following vote:
Ayes :
Noes: Council Member - None
Absent: Council Member - None
Council Member - Olson, Snider, Pinkerton,
Murphy, and Reid (Mayor)
LPd bt?? /Z?A&J?
Mayor of the City of Lodi
Attest :
_-- <: --- ~
Ron Stein
City Attorney
1269 -2-