HomeMy WebLinkAboutResolutions - No. 95-149RESOLUTION NO. 95-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY
OF ONE OR MORE AGREEMENTS TO PROVIDE CERTAIN INFORMATION
AS REQUIRED UNDER RULE 15c2-12 OF THE SECURITIES AND EXCHANGE
COMMISSION; AND AUTHORIZING CERTAIN OTHER
MATTERS RELATING THERETO
WHEREAS, the City of Lodi (the "City") is a municipal corporation duly organized and
existing under the Constitution and the laws of the State of California; and
WHEREAS, the City is a member of and a participant in one or more projects of the
Northern California Power Agency ("NCPA"); and
WHEREAS, NCPA is a public entity duly organized and existing pursuant to the Northern
California Power Agency Joint Powers Agreement, dated as of July 19, 1968, as amended and
supplemented (the "Agreement") and the provisions relating to the joint exercise of powers found
in Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California; and
WHEREAS, NCPA's projects have been financed and refinanced through the issuance of
bonds by NCPA which are payable primarily from payments made by the project participants
under the respective Third Phase Agreements for such projects; and
WHEREAS, the Securities and Exchange Commission adopted amendments to Rule 15c2-
12 under the Securities Exchange Act of 1934 (Rule 15c2-12), together with such amendments,
and as the same may be amended from time to time, shall be referred to herein as "Rule 15c2-12")
which has -the effect of imposing upon the City the obligation to provide annually certain financial
information and operating data relating to the electric system of the City in connection with such
outstanding bonds issued by NCPA; and
WHEREAS, the City desires to comply with Rule 15c2-12 by entering into a written
agreement or agreements to provide certain financial information and operating data relating to the
electric system of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi, as
follows:
Section 1. The City Council hereby authorizes and approves the execution and delivery
by the City of one or more written agreements to provide continuing disclosure relating to
the electric system of the City in connection with bonds to be issued by NCPA to finance
and refinance NCPA's projects in which the City is a participant, as required under the
Rule 15c2-12, and hereby authorizes and directs the City Manager or Electric Utility
Director or other duly authorized official of the City to execute such written agreements
approved as to form by the City Attorney for and on behalf of the City of Lodi.
Section 2. The City Manager or Electric Utility Director and any other duly authorized
official of the City, acting singly, be and each of them hereby is authorized to execute and
deliver or cause to be delivered any and all documents and instruments approved as to
form by the City Attorney, and to do and cause to be done any and all acts and things
necessary or convenient in carrying out the purposes contemplated by this Resolution.
Section 3. This Resolution shall take effect immediately upon its adoption.
Dated: November 15, 1995
I hereby certify that Resolution No. 95-149 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held November 15, 1995, by the following vote:
AYES: COUNCIL MEMBERS - Davenport, Pennino, Sieglock, Warner
and Mann (Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
*JI�F EReERRRIN
City Clerk
95-149