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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