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2002-067RESOLUTION NO. 2002R-67 RESOLUTION OF THE CITY OF ANAHEIM, AUTHORIZING OFFICIALS TO EXECUTE AND DELIVER THE MAGNOLIA POWER PROJECT POWER SALES AGREEMENT AND APPROVING THE SHARE OF CAPACITY AND ENERGY TO BE PURCHASED PURSUANT TO THE MAGNOLIA POWER PROJECT POWER SALES AGREEMENT WHEREAS, in accordance with Ordinance No. 5809 of the City of Anaheim (the ~Cit~'), the City Council of the City of Anaheim has authorized entering into the Magnolia Power Project Power Sales Agreement (the ~Power Sales Agreement") between the City and the Southern California Public Power Authority (the "Authority'); and WHEREAS, under the Power Sales Agreement the City will be entitled to a percentage of the capacity and energy in the Magnolia Power Project, a natural gas-fired generating facility and associated facilities to be owned by the Authority and to be located in the City of Burbank, a member of the Authority (the "Magnolia Power Project"); and WHEREAS, under the Power Sales Agreement, the City is to specify the percentage of capacity and energy in the Magnolia Power Project to which the City is entitled (the "Generation Entitlement Share"). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Anaheim: 1. 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 Power Sales Agreement, with such changes, insertions and omissions as shall be approved by the official executing the Power Sales Agreement (such approval to be conclusively evidenced by such execution), and the City Clerk is hereby authorized to attest to such signature. 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 one percent (31%) or approximately ninety two (92) megawatts. 3. Each of the officials referred to in paragraph 1 above 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 the Authority's financing of the Magnolia Power Project for the benefit of the City and the other participants in the Magnolia Power Project. 4. This Resolution shall become effective immediately. This Resolution is passed and adopted at a regular meeting of the City Council of the City of Anaheim and signed by the Mayor and attested by the City Clerk on this 19th day of March, 2002. MAYOR OF T~E~I~Y OF A~HEIM Attest: CITY CLERK OF THE CITY OF ANAHEIM 43812.1/Imoses/March 11, 2002 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. 2002R-67 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of March, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None (.~ITY CLEI~K OF THE CITY OF ANAHEIM (SEAL)