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HomeMy WebLinkAboutAgenda Report - September 6, 1995 (79)CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Northern California Power Agency Member Resource Marketing Project Agreement MEETING DATE: September 6, 1995 PREPARED BY: Electric Utility Director RECOMMENDED ACTION: That the City Council approve the Northern California Power Agency (NCPA) Member Resource Marketing Project Agreement (Agreement). BACKGROUND INFORMATION: The agreement sets forth the terms among various NCPA members by which NCPA will market the members' excess power and by which marketing charges will be assessed. The Agreement does not in itself modify or supersede any NCPA project agreements, the NCPA Facilities Agreement, the NCPA Pooling Agreement or any other agreements. Currently, NCPA can buy and sell resources for the City of Lodi for a period not to exceed one year as authorized by the NCPA Pooling Agreement. In anticipation of instances where multi- year purchases or sales may occur and time be of the essence, the Agreement will permit NCPA to structure the transaction in such a manner that the proposed transaction can be brought to the City Council for approval in timely fashion. The Agreement is an element of the NCPA Strategic Plan previously discussed with the City Council. FUNDING: Bulk Purchase Power _', /� �(,�'�✓lam Alan N. Vallow Electric Utility Director ANV/J LS/sh Prepared by, John L. Stone, Manager, Rates and Resources cc: City Attorney APPROVED: THOMAh A. PETERSO City Manager hAuser\admi n\ctycnc11cc1.sep CC -1 Augu121, 1995 JUN 14 195 14:04 DE r"' l -T -I & SOMACH RESOLUTION NO. 95- 1 5 . RESOLUTION OF THE COMMISSION OF THE NORTHERN CALIFORNIA POWER AGENCY AUTHORIZING EXECUTION OF THE MEMBER RESOURCE MARKETING PROJECT AGREEMENT P. 4/10 BE IT HEREBY RESOLVED by the. Commission of the Northern California Power Agency that the Member Resource Marketing Project Agreement is hereby approved, and the General Manager is hereby authorized and directed to execute the agreement. with such nonsubstantive changes as he and the General Counsel may approve on behalf of this Agency. PASSED AND ADOPTED thisc2 - day ofae 1995 by the following vote on roll call; Vote ' Abstained Absent City of — Alameda Biggs y— Gridley Healdsburg Lodi Lompoc Palo Alta Port of Oakland_ Redding Roseville Santa Clara Truckee -Donner Turlock Ukiah Flumas-Sierra MEMBER RESOURCE MARKETING PROJECT AGREEMENT This Agreement, dated as of . 1995, by and among the Northern California Power Agency, a joint powers agency of the State of California (NCPA), and the members of NCPA that have executed this Agreement (Participants) is entered into on the basis of the following RECITALS: A. Each of the Participants owns a system for the distribution of electric capacity and energy and is authorized to obtain electric capacity and energy for its present or future requirements and has entered into other agreements with NCPA and other entities through which it obtains such capacity and energy; and B. The Participants at times may have electric capacity and/or energy that is surplus to their immediate needs and therefore may desire to enter into agreements through which they market such surplus capacity and/or energy to other NCPA members and to other entities; and C. NCPA has staff and facilities that give it the capability for marketing such capacity and/or energy, including the provision of transmission services; and D. The Participants recognize that their costs can be reduced and their opportunities increased by participating in a joint marketing program; and EXECUTION ORIGINAL E. The Participants expect that this Agreement will assist them in communicating about marketing opportunities which may provide advantages for one or more of them; and F. NCPA and the Participants wish to enter into this Agreement to set forth the terms under which NCPA will supply to the Participants the resource Marketing Services described hereinafter; and G. NCPA and the Participants understand that the speed of their actions in relationship with this Agreement will be critical to the success of the joint marketing program; and H. To encourage the broadest participation in a joint marketing program, Participants may have Marketing Participation Percentages as low as zero percent; and I. This Agreement does not in or of itself modify or supersede any NCPA project agreements, the NCPA Facilities Agreement, the NCPA Pooling Agreement, or any other agreements. 2 EXECUTION ORIGINAL NOW, THEREFORE, NCPA and the Participants hereby enter into this Section 1. Definitions. Agreement. AGREEMENT 1.1 Agreement. This Member Resource Marketing Project 1.2 Commission. The NCPA Commission. 1.3 Commissioner. A voting member of the Commission appointed by a Participant to represent that Participant. 1.4 Committee. The NCPA Technical Committee. 1.5 Identified Power Sales. Those power sales specified in Section 8.1 of this Agreement. 1.6 Marketing Plan. The plan developed by NCPA in accordance with Section 7.1 of this.Agreement. 1.7 Marketing Participation Percentage. The percentage share of each Participant in this Agreement as set forth in Appendix B. 1.8 Marketing Services. The services provided to the Participant by NCPA under this Agreement. 3 EXECUTION ORIGINAL 1.9 Other Power Sales. Power sales made by a Participant during the term of this Agreement that are not made under this Agreement or its Service Schedules. Agreement. 1.10 Participant. An NCPA Member that is a signatory to this 1.11 Power Sale Participant. A signatory to a Service Schedule other than NCPA. 1.12 Power Sale Participation Percentage. The percentage share of each Participant in a Service Schedule as set forth in that Service Schedule. 1.13 Service Schedules. All agreements between NCPA and the Participant(s) relating to Identified Power Sales. Section 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions under which NCPA will supply to the Participants such resource Marketing Services as the Participants may request under this Agreement. Section 3. The Resources To Which This Agreement Applies. This Agreement may apply to any resource available to a Participant. NCPA agrees that it will market surplus capacity and/or energy from those resources pursuant to the provisions of this Agreement. The amount of surplus 4 EXECUTION ORIGINAL capacity and/or energy that NCPA will market for a Participant will be determined by that Participant. Section 4. The Administration Of This Agreement. The Commission has overall responsibility for the administration of this Agreement. However, in exercising those responsibilities the Commission will ordinarily act through the Committee. That Committee may delegate any of its responsibilities to the NCPA General Manager and staff. The manner in which the Commission and the Committee shall exercise their responsibilities are further described in this Agreement. When used in this Agreement, the term "NCPA" may refer either to the Commission, the Committee or the NCPA General Manager and staff, as appropriate. Section 5. Confidentiality. Participants and NCPA will keep all information made available to them in connection with this Agreement confidential, to the extent possible, consistent with applicable laws. Section 6. Requests For Marketing Services. On or before January 1st of each year each Participant will transmit to NCPA its annual request for Marketing Services. That request will list the amounts of surplus capacity and/or energy that such Participant expects to have available for marketing pursuant to this Agreement during the next twenty (20) years, the periods (years, months, days, and time periods) during which such capacity and/or energy will be available for marketing and, to the extent practical, a desired range of rates at which the Participant may be willing to market the capacity and/or energy. The amounts and rates are only to provide a guide to NCPA in developing a Marketing Plan and are not meant to limit either NCPA or 5 EXECUTION ORIGINAL the Participants in any way. Each Participant may transmit an amended request to NCPA at any time it determines that a change in circumstances makes such an amendment appropriate. Participants may request assistance from NCPA in making any of the above determinations. Section 7. Marketing Services To Be Rendered By NCPA. 7.1 Development Of A Marketing Plan. NCPA will review the requests for Marketing Services filed by the Participants, and on or before April 1st of each year NCPA will develop a Marketing Plan that will, to the extent possible, match the capacity and energy that the Participants expect to have available for marketing with the requirements of potential purchasers. NCPA will provide quarterly updates of the Marketing Plan to the Committee. NCPA will include all Participants' amendments to their filed requests for Marketing Services in the quarterly updates. 7.2 Informing Members. At least quarterly NCPA will inform all Participants of each potential power sale being developed by NCPA. Such information will include the status of each sale, its size and approximate economics, and the expected schedule for the approval process, if any. The intent of this section is that NCPA will provide sufficient information to the Participants to enable them to make informed decisions in sufficient time to obtain any necessary approvals. 7.3 Assistance To Participants In The Marketing Of Surplus Capacity And/Or Energy And In The Acquisition Of Needed Resources. NCPA will supply copies of its Marketing Plan, and all updates thereto, to the 6 EXECUTION ORIGINAL Participants and will assist them in transacting sales with one another or other NCPA Members. When its Marketing Plan indicates that any of the Participants have surplus capacity and/or energy, NCPA will assist those Participants in marketing that surplus capacity and/or energy to other NCPA members and to other entities. 7.4 Generic Agreement(s). NCPA will prepare generic agreements to be used as templates for preparing agreements for Identified Power Sales. The generic agreements will be presented to the Participants for their approval. 7.5 Related NCPA Activities. NCPA may engage in other activities intended to enable the Participants to achieve the benefits of this Agreement, within the budgets referred to in Section 10.1 of this Agreement. 7.6 Specifying Procedures. The Commission may establish additional procedures to implement this Section 7 to better meet the needs of the Participants. Section 8. Consummating A Power Sale. 8.1 Identified Power Sales. When NCPA staff determines that sufficient detail is available with respect to any power sale to 1) allow an economic evaluation to be made, and 2) allow proceeding with a participation agreement, it will prepare an evaluation of and an agreement for the power sale and present them to the Committee and the Commission for review and 7 EXECUTION ORIGINAL approval. Upon approval by the Commission the sale will become an Identified Power Sale. 8.2 Election To Participate. The purpose of this section is to have the Participants provide their approvals in " the time necessary to facilitate an Identified Power Sale. While this section lays out specific time frames for approval for Identified Power Sales of various lengths, the Participants recognize that actual Identified Power Sales may require shorter time frames or allow longer time frames for approval. Each Participant will establish internal procedures which will accommodate the necessary evaluation and approval process for the Participant to participate in Identified Power Sales in the following time frames: • Identified Power Sales of up to and including one (1) year, as specified in Appendix A. • Identified Power Sales of more than one (1) year and up to three (3) years, forty five (45) days from the time of Commission approval. • Identified Power Sales of more than three (3) years and up to six (6) years, sixty (60) days from the time of Commission approval. • Identified Power Sales of more than six (6) years, seventy five (75) days from the time of Commission approval. 8 EXECUTION ORIGINAL These time frames and Appendix A may be modified from time to time by the Commission. In deciding whether to modify these time frames for a particular Identified Power Sale, the Commission shall consider the need for expediency in regard to the particular Power Sale. Failure of a Participant to approve its participation in an Identified Power Sale in the above time frames shall constitute the surrendering of that Participant's right to participate in that Identified Power Sale. Other Participants may then increase the amount of their participation or direct NCPA to attempt to reduce the size of the sale. The Commission may allow a Participant that could not meet the required time frames for approval to participate in an Identified Power Sale to the extent that other Participants are willing to forgo corresponding portions of the Identified Power Sale. 8.3 Participation. The Identified Power Sales shall be participated in by those Participants who elect to participate therein, and enter into an appropriate agreement therefor. A Participant's Power Sale Participation Percentage shall not be greater than the Participant's Marketing Participation Percentage, unless the Identified Power Sale is not fully subscribed because one or more of the other Participants elects to have a Power Sale Participation Percentage less than its Marketing Participation Percentage or because of failure of a Participant to approve its participation pursuant to Section 8.2. In such case any unsubscribed portion of the Identified Power Sale shall be divided among Participants electing to increase their share in proportion to their respective Marketing Participation Percentages unless otherwise unanimously agreed to by the Participants electing to increase their share. 9 EXECUTION ORIGINAL 8.4 Service Schedules. All agreements between NCPA and Participants relating to Identified Power Sales shall be attached to this Agreement as Service Schedules, and shall be numbered consecutively in the order of their approval. 8.5 Other Power Sales. Participants may pursue the development of Other Power Sales either alone or with other parties without first offering such Other Power Sales to other Participants or NCPA, under this Agreement. Section 9. Marketing Fees. 9.1 Assessment. Each Service Schedule will provide for payment of a marketing fee assessment. A marketing fee will be assessed against Participants in each Service Schedule attached to this Agreement. These assessments will be included as revenues in Section 10 of this Agreement. 9.2 Length Of Assessment. This marketing fee assessment will be collected for the term of the applicable Service Schedule. The marketing fee assessment will begin when the sales first take place under the Service Schedule. 9.3 Amount Of Assessment. The amount of the marketing fee assessment levied against each Participant in a Service Schedule during each fiscal year will be the lesser of: 10 EXECUTION ORIGINAL (a) $0.25/kw-mo for each kw -mo of capacity sold under the Service Schedule during the fiscal year, plus $0.0003/kwh for each ktvh of energy sold under the Service Schedule during the fiscal year, or (b) Ten percent of the net revenues received by the Participant under the Service Schedule during the fiscal year. For the purposes of this section, the Participant's "net revenues" will be defined as its Power Sale Percentage of the payments made by the purchaser(s) minus the Participant's variable costs of the power sold under the Service Schedule. Section 10. Budgets And Monthly Statements. 10.1 Prior to the beginning of each NCPA fiscal year for which no budget has been adopted and for each fiscal year for which a budget .•ill be adopted, NCPA shall give notice to each Participant of the Participant's projected share of (a) the costs and expenses that NCPA estimates it will incur in the administration of this Agreement, and (b) the revenues that NCPA estimates it will obtain from the marketing fee assessments provided for in Section 9 of this Agreement. 10.2 Monthly statements prepared by NCPA shall be sent to each Participant showing the Participant's share of costs and other expenses relating to this Agreement incurred by NCPA for the previous month after making appropriate adjustments for the marketing fee assessments provided for in Section 9 of this Agreement that have been retained by NCPA during that month. Each Participant's share of such adjusted costs and expenses shall be based on that Participant's Marketing Participation Percentage contained in 11 EXECUTION ORIGINAL Appendix B. If, NCPA's costs and expenses for any month exceed the marketing fee assessments for that month, the monthly statement shall be deemed a billing statement and shall be paid by the Participants pursuant to Section 10.3. If the marketing fee assessments for any month exceed NCPA's costs and expenses, the excess shall be paid to the Participants with the monthly statements. 10.3 Amounts shown on each billing statement are due and payable thirty (30) days after the date of the billing statement except that any amount due on a Friday, holiday or weekend may be paid on the closest following workday. Any amount due and not paid by a Participant shall bear interest from the due date until paid at the annual rate established by the Commission at the time of adoption of its then most recent budget. Section 11. NCPA Commission Governance Of The Project. 11.1 Commission Meetings. The Commission shall hold its annual meeting and other meetings in accordance with provisions of the Joint Powers Agreement. 11.2 Quorum. A quorum of the Commission, for purposes of acting upon matters relating to this Agreement, shall consist of those Commissioners, or their designated alternates, representing a numerical majority of the Participants, or, in the absence of such, those Commissioners representing Participants having a combined Marketing Participation Percentage of greater than fifty percent (50%). 12 EXECUTION ORIGINAL Section 12. Voting. 12.1 Agreement Voting. Each Participant shall have the right to cast one vote with respect to matters pertaining to this Agreement. Actions of the Commission with regard to this Agreement shall be effective only upon a majority vote subject to the following exceptions: (a) Upon demand of any Participant, at any meeting of the Commission, the vote on any issue relating to this Agreement, shall be based upon the Participants' Marketing Participation Percentages. Each Participant shall have a number of votes equal to its Marketing Participation Percentage. Actions of the Commission shall be effective only upon an affirmative vote of sixty five percent (65%) or more of the total votes to which all Participants are entitled. (b) Any Participant may veto a discretionary action of the Participants relating to this Agreement that was not taken by a sixty five percent (65%) or more vote, within ten (10) days following mailing of notice of such Commissioners' action by giving written notice of veto to NCPA, unless at a meeting of the Commissioners or alternates called for the purpose of considering the veto, held within thirty (30) days after such veto notice, the holders of Marketing Participation Percentages totalling sixty five percent (65%) or more shall vote to override the veto. (c) The sixty five percent (65%) affirmative vote required for action pursuant to this section shall be reduced by the amount 13 EXECUTION ORIGINAL that the voting rights of any Participant exceed thirty five percent (35%), but such sixty five percent (65%) shall not be reduced below a majority in interest. 12.2 Voting On Identified Power Sales. All Service Schedules shall provide as follows: (a) that a quorum of the Commission, for purposes of acting upon matters relating to an Identified Power Sale shall consist of those Commissioners, or their designated alternates, representing a numerical majority of the Power Sale Participants in such Identified Power Sale or, in the absence of such, those Commissioners representing Participants having a combined Power Sale Participation Percentage of at least fifty percent (50%). (b) that special meeting(s) of the Commission to act only on matters relating to an Identified Power Sale may be called by a majority of the Commissioners of Power Sale Participants in such Identified Power Sale upon notice as required by the Ralph M. Brown Act. (c) that at regular or special meetings of the Commission, voting on matters relating to an Identified Power Sale shall be by Power Sale Participation Percentage, and more than a fifty percent (50%) affirmative vote shall be required to take action. (d) that upon demand of any Commissioners (or alternates) of Power Sale Participants in the involved Identified Power Sale, at any meeting of the Commission other than the special meeting referred to in paragraph (b) above, the vote on any issue relating to such Identified 14 EXECUTION ORIGINAL Power Sale shall be by Power Sale Participation Percentage and a sixty five percent (65%) or greater affirmative vote shall be required to take action. (e) that any Power Sale Participant may veto a discretionary action of the Power Sale Participants relating to the Identified Power Sale that was not taken by a sixty five percent (65%) or more Power Sale Participation Percentage vote within ten (10) days following mailing of notice of such Commissioners' action by giving written notice of veto to NCPA unless at a meeting of Commissioners or alternates of Power Sale Participants called for the purpose of considering the veto, held within thirty (30) days after such veto notice, the holders of sixty five percent (65%) or more of the Power Sale Participation Percentage shall vote to override the veto. (f) that the sixty five percent (65%) of the Power Sale Participation Percentages specified in this section shall be reduced by the amount that the Power Sale Participation Percentage of any Participant shall exceed thirty five percent (35%), but such sixty five percent (65%) shall not be reduced below fifty percent (50%). Section 13. The Technical Committee 13.1 Duties. The Committee shall provide guidance and recommendations to NCPA staff in carrying out NCPA's responsibilities under this Agreement. The Committee shall review NCPA's practices in providing services under this Agreement and shall make recommendations as to how those services might be improved. The Committee shall also review NCPA's proposed budgets for the costs and expenses of providing 15 EXECUTION ORIGINAL those services and shall make recommendations relating to those budgets. The Committee shall operate under its normal procedures as determined by the Commission. 13.2 Ad Hoc Committees. The Committee may appoint ad hoc committees to work on specific Identified Power Sales. Such ad hoc committees shall be assigned specific tasks to be accomplished in a specific time frame. Upon completion of their assigned task, the ad hoc committee shall report back to the Committee. Section 14. Term And Termination. This Agreement shall become effective on the date on which it has been duly executed by NCPA and by six (6) other signatories and shall continue in effect until terminated by consent of all of the signatories. Any signatory may withdraw from the Agreement by submitting notice, in writing, to all other signatories at least three (3) months in advance of the effective date of such withdrawal. Withdrawal by any signatory shall not terminate this Agreement as to the remaining signatories except that withdrawal by NCPA will terminate this Agreement on the effective date of such withdrawal. Withdrawal by any signatory will not terminate any ongoing obligations resulting from this Agreement until such obligations are satisfied. Such termination shall be reflected in a revised Appendix B. Section 15. New Participants. New Participants may be added to this Agreement by a vote of the Commission in accordance with Section 12 and execution and delivery of this Agreement by the new Participant. The addition of a new Participant shall be reflected in a revised Appendix B. 16 EXECUTION ORIGINAL Section 16. Several Obligation. The liabilities and obligations of the parties to this Agreement are several and not joint. Section 17. Amendments. Except where this Agreement specifically provides otherwise, this Agreement and its Appendices may be amended only by written instrument executed by the parties with the same formality as this Agreement. This section does not apply to the attached Service Schedules. Section 18. Severability. In the event that any of the terms, covenants or conditions of this Agreement or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants or conditions of this Agreement and their application shall not be affected thereby, but shall remain in force and effect unless the court holds that such provisions are not severable from all other provisions of this Agreement Section 19. Governing Law. This Agreement shall be interpreted, governed by, and construed under the laws of the State of California. Section 20. Counterparts. This Agreement may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original instrument and as if all the signatories to all of the counterparts had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to 17 EXECUTION ORIGINAL another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages. Section 21. Headings. All indexes, titles, subject headings, section titles and similar items are provided for the purpose of convenience and are not intended to be inclusive, definitive, or affect the meaning of the contents of this Agreement or the scope thereof. Section 22. Notices. Any notice, demand or request required or authorized by this Agreement to be given to any Participant shall be in writing, and shall either be personally delivered to a representative of the Participant on the Commission or transmitted to the Participant at the address shown on the signature pages hereof. The designation of such address may be changed at any time by written notice given to the Secretary of the Commission who shall thereupon give written notice of such change to each Participant. Section 23. Warranty Of Authority. Each Participant represents and warrants that it has been duly authorized by all requisite approval and action to execute and deliver this Agreement and that this Agreement is a binding and valid agreement enforceable in accordance with its terms as to the Participant. IN WITNESS WHEREOF, NCPA and each Participant has, by the signature of its duly authorized representative shown below, executed and delivered a counterpart of this Agreement. 18 EXECUTION ORIGINAL NORTHERN CALIFORNIA POWER AGENCY By: Its: Date: Address: 180 Cirby Way Roseville, CA 95678 CITY OF BIGGS By: Its: Date: Address: 464-B B Street Biggs, CA 95917 CITY OF HEALDSBURG By: Its: Date: Address: 126 Matheson Street Healdsburg, CA 95448 19 CITY OF ALAMEDA By: Its: Address: 2000 Grand Street Alameda, CA 94501 CITY OF GRIDLEY By: Its: Date: Address: 685 Kentucky Street Gridley, CA 95948 CITY OF LODI By: Its: Date: Address: 221 West Pine Street Lodi, CA 95241 EXECUTION ORIGINAL CITY OF LOMPOC By: Its: Date: Address: 100 Civic Center Plaza Lompoc, CA 93438 PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE By: Its: Date: Address: P.O. Box 2000 Portola, CA 96122 CITY OF ROSEVILLE By: Its: Date: Address: 311 Vernon Street Roseville, CA 95678 20 CITY OF PALO ALTO By: Its: Date: Address: 250 Hamilton Avenue Palo Alto, CA 94301 CITY OF REDDING By: Its: Date: Address: 760 Parkview Avenue Redding, CA 96001 CITY OF SANTA CLARA By: Its: Date: Address: 1500 Warburton Avenue Santa Clara, CA 95080 EXECUTION ORIGINAL TURLOCK IRRIGATION DISTRICT By: Its: Date: Address: 333 East Canal Drive Turlock, CA 95380 21 CITY OF UKIAH By: Its: Date: Address: 300 Seminary Avenue Ukiah, CA 95482 APPENDIX A Evaluation of Identified Power Sales of up to one (1) year, less than forty five (45) days after Commission approval. These procedures will be developed as needed. EXECUTION ORIGINAL APPENDIX B Marketing Participation Percentage Alameda 21.486% Biggs 0.572 Gridley 1.878 Healdsburg 3.509 Lodi 22.670 Lompoc 5.668 Palo Alto 0.000 Plumas-Sierra 4.480 Redding 0.000 Roseville 33.713 Santa Clara 0.000 Turlock 0.000 Ukiah 6.025 TOTAL 100.000% EXECUTION ORIGINAL RESOLUTION NO. 95-110 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE NORTHERN CALIFORNIA POWER AGENCY (NCPA) MEMBER RESOURCE MARKETING PROJECT AGREEMENT WHEREAS, the City of Lodi is a member of the Northern California Power Agency (NCPA) and currently has excess power; and WHEREAS, NCPA has staff and facilities that give the capability for marketing such power, including the provision of transmission services; and WHEREAS, all parties, including the Northern California Power Agency, the City of Lodi and certain other NCPA members desire to go forward with the NCPA Member Resource Marketing Project Agreement; NOW, BE IT THEREFORE RESOLVED that the City Council hereby authorizes approval of the Northern California Power Association Member Resource Marketing Project Agreement. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreement. Dated: September 6, 1995 I hereby certify that Resolution No. 95-110 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 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 IFE M. PERRIN ity Clerk 95_110