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2003-033RESOLUTION NO. 2003R-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION 2002R-67, NUNC PRO TUNC, RELATING TO THE MAGNOLIA POWER PROJECT THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, the City Council of the City of Anaheim did, on March 19, 2002, adopt Resolution No. 2002R-67; and WHEREAS, through inadvertence and clerical error, the description of the Generation Entitlement Share which the City will acquire in the Magnolia Power Project was not correctly set forth; and WHEREAS, the City desires, and the public interest and general welfare requires, that said error be corrected nunc pro tunc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Resolution No. 2002R-67 be, and the same is hereby amended, nunc pro tunc, by amending the description of the Generation Entitlement Share to be acquired by the City of Anaheim to read as follows: 2. The Generation Entitlement Share for the City to be set forth in the Power Sales Agreement at the time of its execution and delivery shall not exceed thirty nine percent (39%) or approximately 92 megawatts. BE IT FURTHER RESOLVED that in all other respects, said Resolution No. 2002R-67 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of March , 2003. ~~'&~ ~ /7 THf~ MAYOR ~-f IF ANAHEIM Cp~ CLERZK OF 'THE CITY OF ANAHEIM 48276.1/lmoses/February 21, 2003 STATE OF CALIFORNIA ) COUNTY Of ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-33 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 4th day of March, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None '~;ITY CLE15,K O~ THE CITY OF ANAHEIM (SEAL)