Ordinance 2110CITY OF ALAMEDA ORDINANCE NO. 2110
New Series
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALAMEDA, APPROVING THE TERMS AND CONDITIONS OF
AMENDMENT NO. TWO TO THE MEMBER AGREEMENT (SECOND
PHASE) FOR FINANCING AND DEVELOPMENT ACTIVITIES OF
THE SHELL EAST BLOCK GEOTHERMAL PROJECT BETWEEN
NORTHERN CALIFORNIA POWER AGENCY AND CERTAIN
PARTICIPATING MEMBERS, AND AUTHORIZING THE EXECUTION
OF AND DELIVERY OF SAID AMENDMENT BY OFFICERS OF
THE CITY OF ALAMEDA
WHEREAS, pursuant to the provisions of Chapter 5, Divi-
s:Lon 7, Title 1 of the Government Code of the State of California,
as amended (the "Joint Powers Act "), the City of Alameda and
certain other public agencies created pursuant to the laws of
the State of California (collectively, the "Members "), have
entered into a Joint Powers Agreement (the "Agreement "), as
amended, creating the Northern California Power Agency (the
"Agency "), a public entity separate and apart from the Members;
and
WHEREAS, in accordance with the Agreement and the Joint
Powers Act, the Agency and certain participating members of
the Agency (the "Project Members ") have entered into the Member
Agreement (Second Phase) for Financing of Planning and Development
Activities of the Shell East Block Geothermal Project, dated
as of June 1, 1981, as amended by Amendment No. One thereto,
dated June 1, 1981 (herein called the "Principal Agreement ");
and
WHEREAS, pursuant to Section 6 of the Principal Agreement,
each Project Member agreed to a total financing commitment for
its respective percentage participation of a total sum, including
payments and advances theretofore made, of up to $5,500,000
in costs as authorized and approved by the Project Members;
and
WHEREAS, pursuant to Section 6 of the Principal Agreement,
the Project Members may, from time to time as needs arise, autho-
rize an increased financial commitment above $5,500,000 which
can be shown to support the completion of the Project; and
WHEREAS, it has been determined by the Agency and the
Project Members, that it is necessary to increase the financial
commitment of each Project Member for its respective percentage
participation of the total sum in order to complete the Project
to the principal amount of $30,000,000 plus amounts necessary
to pay interest expense on such principal amou;it; and
WHEREAS, the Agency and the Project Members have determined
to amend the Principal Agreement so as to clarify the definition
of the term "Project" therein; and
WHEREAS, the Agency and the Project Members have determined
to amend the Principal Agreement so as to clarify which "costs"
are authorized by the Project Members; and
WHEREAS, the Agency and the Project Members have determined
to amend the provisions of the Principal Agreement regarding
the term of the Principal Agreement; and
WHEREAS, this City Council finds and determines that
it is in the best interests of the customers of the electric
system of the City of Alameda that the Principal Agreement be
so amended;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF ALAMEDA as follows:
1. The City Council hereby finds and determines that
Amendment No. Two to the Principal Agreement be, and the same
is hereby, approved.
2. The General Manager and Chief Engineer of the Bureau
of Electricity and President of the Public Utilities Board are
authorized to execute and deliver said Member Agreement by and
on behalf of the Bureau of Electricity, City of Alameda.
3. Pursuant to Section 54241 of the Government Code
of the State of California, this Ordinance is subject to the
provisions for referendum applicable to the City of Alameda.
4. The City Clerk shall certify to the enactment of
this Ordinance and shall cause this Ordinance to be published
in accordance with Section 54242 of the Government Code of the
State of California.
�. 5. Thirty (30) days from and after its enactment, this
E Ordinance shall take effect and be in full force, in the manner
provided by law.
Z ADOPTED by the City Council and signed by the Presiding
o Officer of the Council and attested by the City Clerk this 16th
day of November 1982.
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Attest:
Presi g Officer of the Council
C "' l
City "C
y r.1
I, the undersigned, hereby certify that the foregoing Ordinance
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 16th of November, 1982,
by the following vote to wit:
AYES: Councilmen Gorman, Sherratt,'Stone and President Corica - 4.
NOES: None,
ABSENT: Councilman Oiament - I.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 17th day of November, 1982.
C y C erk o the y o' eda