HomeMy WebLinkAboutOrdinance No. 2287 ORDINANCE NO . 2287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA APPROVING THE TERMS AND CONDITIONS
OF AN ASSIGNMENT AGREEMENT AND A POWER SALES
CONTRACT ; AND APPROVING THE ENTERING INTO
OF SAID AGREEMENT AND CONTRACT.
WHEREAS , pursuant to the provisions relating to the
joint exercise of powers found in Chapter 5 of Division 7 of
Title 1 of the Government Code of the State of California , as
amended (the "Joint Powers Act") , the City of Azusa (the "City" )
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 , as amended (the "Agreement" )
creating the Southern California Public Power Authority (the
"Authority" ) , a public entity separate and apart from the Members ;
and
WHEREAS , the City has received a proposed entitlement
and expects to enter into an agreement or agreements pursuant
to which the City will purchase from the United States a percentage
entitlement in the capacity of a project consisting of improvements
made to increase the capacity of existing generating equipment
and appurtenances at the Hoover Power Plant as authorized by the
Hoover Power Plant Act of 1984 (98 Stat . 1333) (the "Project" ) ;
and
WHEREAS , in accordance with the Agreement and the Joint
Powers Act , the Authority has power to enter into agreements to
acquire rights to capacity in the Project from the City ; 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 for the City to assign its right to capacity in the
Project to the Authority pursuant to an assignment agreement ;
and
WHEREAS , in accordance with the Agreement and the Joint
Powers Act , the Authority has power to enter into agreements to
sell capacity in the Project to the City ; 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 for the City to contract with the Authority for
capacity of the Project , pursuant to a power sales contract ; and
WHEREAS , payments by the City pursuant to the proposed
power sales contract will be used in part by the Authority for
payment of principal of and interest on its bonds , notes or other
evidences of indebtedness issued to finance the acquisition of
capacity rights in the Project ;
NOW, THEREFORE , the City of Azusa does ordain as follows :
1 . The City Council hereby approves the terms and
conditions of the Assignment Agreement dated for convenience as
of November 1 , 1985 submitted to this City Council . The City
is hereby authorized to enter into the Assignment Agreement , and
the Mayor and City Clerk are hereby authorized and directed to
execute and deliver the Assignment Agreement by and on behalf
of the City , with such changes , insertions and omissions as may
be approved by the officer executing the same , said execution
being conclusive evidence of such approval .
2 . The City Council hereby approves the terms and
conditions of the Power Sales Contract ( including the entitlements
of the City set forth in Appendix B thereto) dated for convenience
as of November 1 , 1985 submitted to this City Council . The City
is hereby authorized to enter into the Power Sales Contract , and
the Mayor and City Clerk are hereby authorized and directed to
execute and deliver the Power Sales Contract by and on behalf
of the City , with such changes , insertions and omissions as may
be approved by the officer executing the same , said execution
being conclusive evidence of such approval .
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 .
4 . The City Council 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
Ordinance shall take effect and be in full force , in the manner
provided by law.
ADOPTED AND APPROVED THIS 4th day of November
1985 .
Afir4444, h7/r‘70,40.d14:—
STATEE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF AZUSA )
I , ADOLPH A . SOLIS , City Clerk of the City of Azusa ,
do hereby certify that the foregoing Ordinance No . 2287 was
regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 21st day of October , 1985 .
That , thereafter , said Ordinance was duly adopted and passed at
a regular meeting of the City Council on the 4th day of
November , 1985 , by the following vote to wit :
AYES : COUNCILMEN : CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES : COUNCILMEN : NONE
ABSENT: COUNCILMEN : NONE
A.11,/r2 'i
City Cl / k
Publish Azusa Herald : Nov. 13, 1985