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93-097 RESOLUTION NO. 93R-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONSt AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN AGREEMENTS RELATED TO SERVICES ASSOCIATED WITH THE ACQUISITION OF NATURAL GAS BY THE CITY OF ANAHEIM ON ITS OWN BEHALF AND ON BEHALF OF THE GAS PROCUREMENT COOPERATIVE WHEREAS, the rules and regulations adopted by the California Public Utilities Commission for Southern California Gas Company ("SoCal") allow the City of Anaheim to procure natural gas for the Combustion Turbine Peaking Plant and for its other facilities from sources other than SoCal; and WHEREAS, on July 22, 1992 the City of Anaheim executed the Gas Procurement Cooperative Agreement ("Cooperative Agreement) which formed the Gas Procurement Cooperative ("Gas Cooperative") among the city of Anaheim and other signatories to the Cooperative Agreement; and WHEREAS, the purpose of the Gas Cooperative is for the members to pool there natural gas requirements in order to obtain a more economical supply of natural gas by taking advantage of the competitive market for natural gas; and WHEREAS, the City of Anaheim is designated under the Cooperative Agreement to act on its own behalf and as the agent for the members in carrying out the functions of the Gas Cooperative; and WHEREAS, in order to carry out the purposes of the Gas Cooperative and to reduce the cost of supplying natural gas to the Combustion Turbine Peaking Plant and the~City of Anaheim's other facilities, the establishment of natural gas transportation agreements (often referred to as capacity brokering agreements in the industry) with SoCal and interstate gas pipeline operators and gas storage agreements are useful in achieving such objectives; 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 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 other related forms and agreements. 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 8th day of June , 1993. ~~ the~n Mayor of aheim ATTEST: City Clerk of ~he city of Anaheim 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. 93R-97 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of June, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler~ Simpson, Duly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-97 on the 9th day of June, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of June, 1993. 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. 93R-97 was duly passed and adopted by the City Council of the City of Anaheim on June 8, 1993. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT A 1. Gas Transportation Agreement 2. Gas Storage Agreement