HomeMy WebLinkAboutResolutions - No. 2011-31RESOLUTION NO. 2011-31
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING GEOTHERMAL AGREEMENTS AND
FACILITIES AGREEMENT AMENDMENT TO FINALIZE
TURLOCK IRRIGATION DISTRICT'S WITHDRAWAL
FROM THE NORTHERN CALIFORNIA POWER AGENCY
JOINT POWERS AGREEMENT
WHEREAS, the Turlock Irrigation District (TID) has provided the required two-
year notice of termination of membership in the Northern California Power Agency
(NCPA) Joint Powers Agreement (JPA), and the NCPA Commission has accepted that
two-year notice to be effective April 1, 2011; and
WHEREAS, TID's termination of membership in the JPA affected its rights and
obligations under various agreements between TID and NCPA members and between
TID and NCPA, requiring those agreements to be either terminated, clarified, or
amended in some fashion; and
WHEREAS, any signatory to the JPA terminating its membership in the JPA is
obligated to pay its pro -rata share of all debts, liabilities, and obligations of NCPA as of
the date of termination as a condition precedent to such termination and withdrawal; and
WHEREAS, TID and NCPA staffs have worked together to identify all
agreements needing to be either terminated, clarified, or amended and have arrived at a
recommended settlement amount that would satisfy TID's obligation to pay its pro -rata
share of all debts, liabilities, and obligations of NCPA as of the date of termination; and
WHEREAS, the agreements requiring NCPA member approval to effectuate
TID's withdrawal from the JPA are as follows:
Amendment Number Two to Agreement for Construction, Operation, and
Financing of Geothermal Generating Project Number 3
Amended and Restated Geothermal Project Operating Agreement Between
Northern California Power Agency and the Geothermal Project Participants
Amendment Number One to Northern California Power Agency Facilities
Agreement.
WHEREAS, the NCPA Commission has approved all the necessary Geothermal
Agreement and Facilities Agreement modifications and approved the Membership
Withdrawal and Exit Agreement between NCPA and TID on February 24, 2011.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve: (1) Amendment Number Two to Agreement for Construction, Operation, and
Financing of Geothermal Generating Project Number 3; (2) Amended and Restated
Geothermal Project Operating Agreement Between Northern California Power Agency
and the Geothermal Project Participants; and (3) Amendment Number One to Northern
California Power Agency Facilities Agreement.
Dated: March 16, 2011
I hereby certify that Resolution No. 2011-31 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 16, 2011, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, Nakanishi,
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
L
City Clerk
2011-31