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Resolution 12735CITY OF ALAMEDA RESOLUTION NO. 12735 AUTHORIZING THE CITY MANAGER TO EXECUTE A NATURAL GAS SALES AND AGGREGATION AGREEMENT WITH ABAG AND APPOINTING A CITY REPRESENTATIVE TO ABAG'S POWER PURCHASING POOL COMMITTEE WHEREAS, the City of ALameda is currently purchasing natural gas and related transportation and distribution services from an entity providing natural gas (Utility) to City facilities under the jurisdiction of the California Public Utilities Commission (CPUC); and WHEREAS, deregulation of the natural gas industry in 1986 and CPUC Decisions Nos. 91-02-040, 94-04-027 and 95-07-048, end regulations promulgated thereunder, permit Utility customers, including local governments, to purchase natural gas and specified related support services from third parties through a "core transport agent;" and. WHEREAS, bulk purchasing of natural gas has proven itself to be a legal and cost-effective means to achieve reductions in energy costs; and WHEREAS, the City of Alameda is a member/cooperating member of the Association of Bay Area Governments (ABAG); and WHEREAS, ABAG proposes to (1) form a Power Purchasing Pool Program to aggregate natural gas needs of interested ABAG members and cooperating members and (2) act as a core transport agent on behalf of such members and (3) deliver or cause to be delivered natural gas and related services (including invoicing and gas management) to such members and (4) form a Power Purchasing Pool Committee comprised of representatives from each participating member or cooperating member and grant it the power to oversee the Program; and WHEREAS, ABAG may issue 'short-term debt in order to finance security deposit requirements and/or cash flow deficits incurred by ABAG in operating the Power Purchasing Pool Program which debt may be secured by the assignment, encumbrance or hypothecation of the Natural Gas Sales and Aggregation Agreement between ABAG and the Public Agency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby authorizes the participation of the City of Alameda in the ABAG Power Purchasing Pool to undertake a bulk purchasing program for natural gas on behalf of the City and other ABAG members or cooperating members. BE IT FURTHER RESOLVED that the City Manager, is authorized to enter into and deliver (1) the Natural Gas Sales and Aggregation Agreement with ABAG, in substantially the form on file with the City Clerk appointing ABAG as the core transport agent for the City of ALameda in procuring the purchase and transportation of natural gas and related services and (2) the Utility's Customer Authorization for Core Gas Transportation Services. BE IT FURTHER RESOLVED that the City of Alameda consents to the assignment, encumbrance or hypothecation of the Natural Gas Sales and Aggregation Agreement with ABAG for the sole purpose of securing short -term financing of the security deposit requirement and /or cash flow deficits incurred by ABAG in implementing the Power Purchasing Pool Program. BE IT FURTHER RESOLVED that the Administrative Management Analyst is appointed as City of Alameda's representative on ABAG's Power Purchasing Pool Committee to oversee the operation of Power Purchasing Pool Program. BE IT FURTHER RESOLVED that this Resolution shall not be effective until the effective date of the adoption of required implementing ordinance. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 6th day of February , 1996, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - 5. NOES: None. ABSENT: None. ABSENTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the Official seal of said City this 7th day of February , 1996. Dia B. Felsch, City Clerk City of Alameda