RES-2007-160RESOLUTION NO. 2007R- 160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
APPROVING THE GAS SUPPLY AGREEMENT BETWEEN THE CITY OF
ANAHEIM AND THE SOUTHERN CALIFORNIA PUBLIC POWER
AUTHORITY, AUTHORIZING SPECIFIED CITY OFFICIALS TO EXECUTE
AND DELIVER THE GAS SUPPLY AGREEMENT, AND APPROVING THE
PARTICIPATION OF THE CITY OF ANAHEIM IN THE ACTIVITIES AND
PROGRAM REFLECTED THEREIN PURSUANT TO THE TERMS AND
CONDITIONS OF THE GAS SUPPLY AGREEMENT.
WHEREAS, the City of Anaheim (the "City has participated
with other members of the Southern California Public Power Authority
"SCPPA in investigating alternative means by which to secure critically
necessary long -term reliable supplies of natural gas necessary to carry forth the
City's electric generation responsibilities to its citizens of the City; and
WHEREAS, the City and a number of other members of SCPPA
that are participants in the SCPPA natural gas prepayment programs, to wit: the
cities of Anaheim, Burbank, Colton, Glendale, and Pasadena, and the Los Angeles
Department of Water and Power have carried out investigations and studies
concerning the commercial advantages in utilizing a prepayment methodology for
the acquisition of long -term reliable supplies of natural gas which are proposed to
be carried forth and financed by SCPPA; and
WHEREAS, the SCPPA member cities which are participating in
this natural gas prepayment project have carried forth an extensive request for
proposals process, examined a variety of proposals by natural gas suppliers and
interviewed individuals having substantial background and experience in the
issues associated with the acquisition of prepaid supplies of natural gas; and
WHEREAS, the member city participants in this SCPPA project
have concluded the investigation associated with this program with the selection
of a natural gas supplier (J. Aron Company) affiliated with a large financial
institution (The Goldman Sachs Group, Inc.) to carry forth the methodology
contemplated by this specific gas supply and financing structure; and
WHEREAS, it is contemplated that SCPPA will sell bonds to
finance a natural gas prepayment to J. Aron Company and, in turn, enter into
prepaid natural gas sales agreements with J. Aron Company, under which
SCPPA will provide the gas purchased pursuant to those prepaid natural gas sales
SCPPA Gas Supply Agreement resolution
agreements to the SCPPA participants which will take those amounts specified in
the Prepaid Natural Gas Program Gas Supply Agreements (Project 1); and
WHEREAS, the Prepaid Natural Gas Program Gas Supply
Agreement (Project 1) between the City and SCPPA "Gas Supply Agreement
will provide for certain terms under which the City will pay for and be entitled to
certain predetermined amounts of natural gas to fuel generation facilities; and
WHEREAS, the City desires to participate in this program to
procure a long -term reliable supply of natural gas by which to generate electricity
to carry forth its responsibilities to provide reliable electric energy to its citizens
and desires to enter into the Gas Supply Agreement.
NOW THEREFORE BE IT RESOLVED by the City Council of
the City of Anaheim:
1. In accordance with the City Charter and the laws of the City,
the City Council hereby approves, in substantial form, the Gas Supply Agreement.
2. The City Council authorizes the procurement of up to 8,000
MMBtu's per day of natural gas pursuant to the Gas Supply Agreement at a price
entailing a discount from the applicable index equal to or greater than $0.75 per
MMBtu.
3. Each of the Public Utilities General Manager, the Public
Utilities Assistant General Manager Finance and Administration, and the Public
Utilities General Manager Electric Services is hereby authorized to execute and
deliver the Gas Supply Agreement, with such changes, insertions, and omissions
as shall be approved by the official executing the Gas Supply Agreement (such
approval to be conclusively evidenced by such execution), and the City Clerk is
hereby authorized to attest to such signature.
4. Each of the Public Utilities General Manager, the Public
Utilities Assistant General Manager Finance and Administration, and the Public
Utilities General Manager Electric Services is hereby authorized to execute and
deliver any and all other documents and instruments and to do and cause to be
done any and all acts and things necessary or advisable for carrying out the
transactions contemplated by this Resolution, including SCPPA's financing of the
natural gas prepayment program for the benefit of the City and the other
participants in the program.
SCPPA Gas Supply Agreement resolution
-2-
This Resolution is approved and adopted at the regular meeting of the City
Council of the City of Anaheim this 21st day of August 2007.
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
CITY CLERK OF THE CdI1VOF ANAHEIM
amk65312.4
SCPPA Gas Supply Agreement resolution
5. This Resolution shall become effective immediately.
-3-
CITY NAHEIM
)0
MAYOR OF THE el ANAHEIM
A PORTION OF CATALPA AVENUE BETWEEN FIR AVENUE AND IVY LANE, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
TRACT NO. 1721 RECORDED IN BOOK 50, PAGES 37 THROUGH 39, INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 58 OF SAID TRACT, SAID POINT
BEING ON THE NORTHEASTERLY RIGHT -OF -WAY LINE OF SAID CATALPA AVENUE;
THENCE, ALONG SAID NORTHEASTERLY LINE SOUTH 47 °06'32" EAST 37.51 FEET TO A
POINT ON THAT LINE AS DESCRIBED IN DIRECTOR'S DEED RECORDED MAY 14, 2002
AS INSTRUMENT NO. 20020401127, OFFICIAL RECORDS AND THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE, ALONG THE FOLLOWING LINES OF THE LAND DESCRIBED IN SAID
DIRECTOR'S DEED SOUTH 87°00'19" EAST 90.04 FEET.
THENCE, NORTH 46 °02'37" WEST 28.95 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 655.00 FEET;
THENCE, NORTHWESTERLY 198.19 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 17°20'13" TO A POINT OF CUSP AND BEGINNING OF A NON TANGENT
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 50.00 FEET, A RADIAL
LINE TO SAID BEGINNING BEARS SOUTH 45 °39'53" WEST;
THENCE, NORTHEASTERLY 53.49 FEET ALONG SAID NON TANGENT CURVE
THROUGH A CENTRAL ANGLE OF 61 °17'42" TO SAID NORTHEASTERLY RIGHT -OF-
WAY LINE;
THENCE, SOUTH 47 °06'32" EAST ALONG SAID RIGHT -OF -WAY LINE AND THE
SOUTHERLY LINES OF LOTS 58 THROUGH 62 INCLUSIVE, 247.56 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING AN AREA OF APPROXIMATELY 11,752 SQUARE FEET.
AS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, RIGHTS, RIGHTS -OF -WAY AND OTHER MATTERS OF RECORD, IF
ANY.
LEGAI'DESCRIPTION PREPARED UNDER THE SUPERVISION OF:
t2l
EPH G. TRUXAW, P.L.S. 6871
RIGHT -OF -WAY ABANDONMENT
(LEGAL DESCRIPTION)
CATALPA AVENUE
I: \WORD6 \FILES \COA05059- ONCALLSURVEYS \NEW JOB INFO 2 -20 -07 \005 -5 42A \LEGAL RWA 005- 5- 42A.DOC
EXHIBIT B