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HomeMy WebLinkAboutOrdinances - No. 1276ORDINANCE NO. 1276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI, APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NO. TWO TO THE MEMBER AGREEMENT ACTIVITIES OF THE SHELL EAST BLOCK GEOTHERMAL PROJECT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND CERTAIN PARTICIPATING MEMBERS, AND AUTHORIZING THE EXECUTION OF AND DELIVERY OF SAID AMENDMENT BY OFFICERS OF THE CITY OF LODI (SECOND PHASE) FOR FINANCING AND .DEVELOPMENT .- 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 Public Agency (the "Agency"), a public entity separate and apart from the Members; and the Agency and certain participating members of the Agency (the "Project Members") have entered into the Member Agreement (Second Phase) for Financing of Planning and Development Activities of the Shell East Block Geothermal Project, dated as of June 1, 1981 , as amended by Amendmept No. One thereto, dated June 1 , 1981 (herein called the "Principal Agreement"); and WHEREAS, pursuant to Section 6 of the Principal Agreement, each Project Member agreed to a total financing commitment for its respective percentage participation of a total sum, including payments and advances theretofore made, of up to $5,500,000 in costs as authorized and approved by the Project Members; and WHEREAS, pursuant to Section 6 of the Principal Agreement, the Project Members may, from time to time as needs arise, authorize an increased financial commitment above $5,500,000 which can be shown to support the completion of the Project; and that it is necessary to increase the financial commitment of each Project Member for its respective percentage participation of the total sum in order to complete the Project to the principal amount of $30,000,000 plus amounts necessary to pay interest expense on such principal amount; and WHEREAS, the Agency and the Project Members have determined to amend the Principal Agreement so as to clarify the definition of the term "Project" therein; and WHEREAS, in accordance with the Agreement and the Joint Powers Act, WHEREAS, it has been determined by the Agency and the Project Members, WHEREAS, the Agency and the Project Members have determined to amend the Principal Agreement so as to clarify which "costs" are authorized by the Project Members; and WHEREAS, the Agency and the Project Members have determined to amend the provisions of the Principal Agreement regarding the term of the Principal Agreement; and -1 - - _._ . - ._ - -. - . WHEREAS, this City Council finds and determines that it is in the best interests of the customers of the electric system of the City of Lodi for the City of Lodi that the Principal Agreement be so amended: follows: NOW, THEREFORE, the City Council of the City of Lodi does ordain as 1. to the Principal Agreement be, and the same is hereby; approved. 2. Amendment by and on behalf of the City of Lodi. 3. Cal ifornia, this Ordinance is subject to the provisions for referendum applicable to the city of Lodi. 4. shall cause this Ordinance to be published in accordance with Section 54242 of the Government Code of the State of California. 5. 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 Council hereby finds and determines that Amendment No. Two The Mayor and City Clerk are authorized to execute and deliver said Pursuant to Section 54241 of the Government Code of the State of .- The City Clerk shall certify to the enactment of this Ordinance and Thirty (30) days from and after its enactment, this Ordinance shall the City Clerk this 27th day of October, 1982. Attest: Y Fred M. Reid Mayor of the City of Lodi h*&& Alice M. Reimche’ City Clerk of the City of Lodi State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1276 was introduced at a regular meeting of the City Council of the City of Lodi held October 6, 1982 and was thereafter passed, adopted and ordered to print at an adjourned regular meeting of said Council held October 27, 1982 by the following vote: Ayes : Noes: __ ...... .. >... Council Members - Murphy, Olson, Pinkerton, Council Members - None Snider, and Reid (Mayor) .. .. - 2- . .. . . _.. .. . . - . .. . . ... -. . . . .. .. . . .. . .. . . .. . . . I I Absent: Council Members - None I Abstain : Council Members - None I I further certify that Ordinance No. 1276 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. . , City Clerk City Attorney . .. 1 I -3- . .. .. . ..... ____~.._.....I_.._.___.._._.... . . . .. .. . .- . .. . .. _. , _. . -.. . . . . . . . . . . . . . . . . . ..