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92-151 RESOLUTION NO. 92R-151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS, AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN AGREEMENTS WITH RESPECT TO THE GAS PROCUREMENT COOPERATIVE WHEREAS, the City of Anaheim purchases natural gas from Southern California Gas Company ("SoCal") for use in the operation of the Combustion Turbine Peaking Plant and other facilities; and WHEREAS, rules and regulations adopted by the California Public Utilities Commission for SoCal will require the city of Anaheim to procure natural gas for the Combustion Turbine Peaking Plant from sources other than SoCal and allow the City of Anaheim to procure natural gas for its other facilities from sources other than SoCal; and WHEREAS, the City of Anaheim desires to establish and participate in the Gas Procurement Cooperative with other customers of SoCal, each of which has an average annual natural gas usage of at least 20,000 therms, as provided in the Gas Procurement Cooperative Agreement; WHEREAS, a contract has been negotiated with Texas-Ohio West, Inc. for the supply of natural gas to the members of the Gas Procurement Cooperative; and WHEREAS, it is in the best interests of the City of Anaheim to execute and deliver the agreements listed in Exhibit A hereto (the "Agreements"). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim ("City Council"): 1. The terms and provisions of the Agreements with respect to the City of Anaheim, in the forms submitted to the City Council, are hereby approved, and the City Council hereby directs the Public Utilities General Manager to establish the Gas Procurement Cooperative and seek the participation of SoCal customers, each of which has an average annual natural gas usage of at least 20,000 therms, and to execute and deliver the Agreements in accordance with the terms and provisions thereof, with such changes, insertions and omissions as may be approved by the Public Utilities General Manager and approved as to form by the City Attorney and any related forms and agreements required under SoCal's rules, regulations and tariffs. 2. The Public Utilities General Manager is hereby authorized and directed to execute and deliver any and all documents and instruments and to do or cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. 3. This Resolution shall take effect immediately. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this t4th day of July , 1992. '~'~ayor of theCity elm PRO 1£~ o~nah ATTEST: City Clerk of the City of Anaheim - 2 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-151 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14th day of July, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor Pro Tern of the City of Anaheim signed said Resolution No. 92R-151 on the 15th day of July, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of July, 1992. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is the original of Resolution No. 92R-151 duly passed and adopted by the City Council of the City of Anaheim on July 14, 1992. CITY CLER:K OF THE CITY OF ANAHEIM EXHIBIT A 1. Gas Procurement Cooperative Agreement 2. Gas Sales and Purchase Agreement