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HomeMy WebLinkAboutReso 2019-UB-05RESOLUTION NO. 2019 -UB -05 RESOLUTION OF THE CITY COUNCIL AND UTILITY BOARD OF THE CITY OF AZUSA, CALIFORNIA APPROVING ENTERING INTO RENEWABLE POWER PURCHASE AND SALE AGREEMENT WITH MESA WIND POWER CORPORATION WHEREAS, the City of Azusa (the "City") desires to enter into that certain Renewable Power Purchase and Sale Agreement (the "PPA") with Mesa Wind Power Corporation, a Colorado corporation ("Mesa Wind") pursuant to which the City of Azusa will purchase all available electrical energy, environmental attributes, and generating capacity attributes generated by or associated with the Mesa RP30 Wind Energy Center, a wind farm located near Palm Springs, California; and WHEREAS, the City is a municipal corporation, duly organized under the Constitution and laws of the State of California as a general law city. Such laws include, but are not limited to, California Constitution Article XI, et seq., as amended, restated or modified from time to time and statutes including, but not limited to, provisions of the California Government Code (collectively, the "Act"); and WHEREAS, in connection with the PPA, and pursuant to the authority provided by this Resolution, the Mayor of the City of Azusa has executed, or proposes to execute, the PPA attached as Exhibit A hereof on behalf of the City and designates the City Manager or his/her designee, to consummate the PPA; and WHEREAS, after due and careful consideration, the undersigned deem it to be in the best interests of the customers of the electric system of the City to take all appropriate actions to enter into the PPA to which it is a party and to effectuate the PPA. NOW, THEREFORE, THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: 1. The PPA as provided in Exhibit A of this Resolution is hereby approved, and the Mayor of the City of Azusa is hereby authorized to execute it on behalf of the City of Azusa. 2. The City Manager or his/her designee ("Officer"), is authorized in the name and on behalf of the City of Azusa, under corporate seal or otherwise, to negotiate, execute, deliver and perform, or cause to be performed, the PPA to which the City of Azusa is a party in substantially such forms as included in Exhibit A and with such changes therein as the Officer may approve, such forms and changes and approval thereof to be conclusively evidenced by such Officer's execution thereof, and to effectuate the PPA. 3. The Officer is authorized and directed to do and perform, or cause to be done and performed, any and all such other and further acts, matters, and things as they may deem necessary or desirable to carry out the intent and purposes contemplated by the foregoing resolutions. 4. The Recitals set forth above are incorporated herein and made an operative part of this Resolution. 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 28th day of May 2019. J seph omero Rocha Boardmember/Mayor ATTEST: �2 f L nce Corn 'o, Jr Secretary/City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution 2019 -UB -05 was duly adopted by the City Council/Utility Board of the City of Azusa at a regular meeting of the Azusa Light & Water Utility Board Thereof held on the 28th day of May, 2019. AYES: BOARD/COUNCILMEMBERS: GONZALES, MACIAS, ALVAREZ, ROCHA NOES: BOARD/COUNCILMEMBERS: NONE ABSENT: BOARD/COUNCILMEMBERS: CARRILLO nee Corn e' , Ir. Secretary/City Clerk APPROVED AS TO FORM: City A Corney Best Best & Krieg r