Ordinance 2104CITY OF ALAMEDA ORDINANCE NO. 2104
New Series
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALAMEDA,
APPROVING THE TERMS AND CONDITIONS OF A MEMBER AGREEMENT
BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND CERTAIN
PARTICIPATING MEMBERS, AND AUTHORIZING THE EXECUTION OF
AND DELIVERY OF SAID AGREEMENT BY OFFICERS OF THE BUREAU
OF ELECTRICITY, CITY OF ALAMEDA
WHEREAS, pursuant to the provisions of Chapter 5, Division 7,
Title 1 of the Government Code of the State of California, as amended
(the "Joint Powers Act "), the Bureau of Electricity, 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 Public 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 has entered or will enter into agreements to acquire a
project (the "Project ") to consist of ,rights to capacity and energy
from the North Fork Stanislaus River Hydroelectric Development Power
Project, a hydroelectric project proposed to be constructed in the
State of California, and capital improvements thereto that may be
constructed from time to time, and interests in certain other proper-
ties and rights relating thereto; and
WHEREAS, the Bureau of Electricity, City of Alameda has need
for an economical, reliable source of electric power and energy to
meet the demands of the customers of its electric system, and, as
such, has determined that it is desirable to enter into the Agreement
for Construction, Operation and Financing of the North Fork Stanislaus
River Hydroelectric Development Project (the "Member Agreement ") in the
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form submitted to this Bureau of Electricity, City of Alameda and
dated for convenience as of September 1, 1982, to purchase electric
capacity and energy of the Project from the Agency; and
WHEREAS, this City Council finds and determines that it is
in the best interests of the customers of the electric system of the
Bureau of Electricity, City of Alameda for the Bureau of Electricity,
City of Alameda to purchase electric capacity and energy of the Project
from the Agency;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ALAMEDA as follows:
Section 1 . The City Council hereby finds and determines that
the terms and conditions of the Member Agreement, including the
Project Entitlement Percentage of the Bureau of Electricity, City of
Alameda of 7.3 percent (7.3 %) be, and the same are hereby approved.
Section 2 . The Project Entitlement Percentage of the Bureau
of Electricity, City of Alameda as set forth in Appendix A to said
Member Agreement may be increased to such percentage, not to exceed
10 percent (10 %), as shall be determined by the Public Utilities
Board of the Bureau of Electricity of the City of Alameda.
Section 3 . 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.
Section 4 . 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.
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Section S . 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.
Section 6 . This ordinance shall be in full force and effect
from and after the expiration of thirty (30) days from the date of
its final passage.
ADOPTED by the City Council and signed by the Mayor and
attested by the City Clerk this 27th day of September , 1982,
r(ff t
Presiding,Officer of the Council
City of Alameda
Attest:
City Clerk, City o lameda
Approved as to form:
City Attotne Ci of Alam da
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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 adjourned regular Council meeting assembled on
the 27th day of September, 1982, by the following vote to wit:
AYES: Councilmen Gorman, Sherratt, Stone and President Corica - 4.
NOES: None.
ABSENT: Councilman Diament - 1.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 27th day of September, 1982.
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City Clerk oft 7 City C17 Alam&a