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Resolution No. 4823 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 4823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE EXECUTION OF AMENDMENT NUMBER ONE TO SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY JOINT POt~RS AGREEMENT WHEREAS, the City of Anaheim, City of Azusa, City of Banning, City of Burbank, City of Colton, City of Glendale, City of Los Angeles, City of Pa$adena, City of Riverside and Imperial Irrigation District have entered into the Joint Powers Agreement to create a separate public entity pursuant to the provisions of Chapter 5, Division 7, Title 1, of the Government Code of the State of California, as amendedi and WHEREAS, the City of Vernon pursuant to Resolution No. 4765 adopted by the City Council on December 16, 1980, has agree to all the provisions of the Joint Powers Agreement and met all the other conditions set forth in Section 13 of the Joint Powers Agreement and has become a Member for all purposes of the Joint Powers Agreementi and WHEREAS, the Members desire to amend the Joint Powers Agreement pursuant to Section 18 thereof to provide for contribution by Members upon certain liabilities arising out of the performance of the Joint Powers Agreement, as permitted by Section 895.4, Chapter 21, Division 3.6, Title 1 of the Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: That the City Council of the City of Vernon hereby finds and determines that the recitals contained herein- above are true and correct. 1 SECTION 2: Amendment Number One to the Joint Powers 2 Agreement creating a separate public entity known as the 3 "Southern California Public Power Authority" pursuant to the 4 provisions of Chapter S, Division 7, Title 1, of the Government 5 Code of the State of California, as amended, has been submitted 6 to the City Council of the City of Vernon, a copy of which is ... 7 attached hereto and made a part hereof as Exhibit "A", and 8 said City Council of the City of Vernon hereby finds and 9 determines that the terms and conditions of said Agreement be, 10 and the same hereby are, approved. 11 SECTION 3: The City Council of the City of Vernon 12 hereby authorizes the Mayor and the City Clerk of the City of 13 Vernon to execute said Amendment for, and on behalf of, the City 14 of Vernon. 15 SECTION 4: That the City Administrator is hereby 16 authorized to deliver said Amendment and a copy of this 17 Resolution for, and on behalf of, the City of Vernon to the 18 Southern California Public Power Authority. 19 SECTION 5: That the City Clerk of the City of Vernon 20 shall certify to the passage of this Resolution and thereupon 21 and thereafter the same shall be in full force and effect. 22 APPROVED AND ADOPTED this 21st day of July, 1981. 23 24 25 26 27 28 C. ATTEST: 6~' BRUCE V. M~LKENHORST, -2- . .1 ., 1 STATE OF CALIFORNIA SSe 2 COUNTY OF LOS ANGELES 3 4 I, BRUCE V. MALKENHORST, City Clerk of t~e City of 5 Vern~n, do hereby certify that the foregoing Resolution, being 6 Resolution No. 4823 , was duly adopted by the City Council 7 of the City of Vernon, and was approved by the Mayor of said 8 City at a regular meeting of the City Council held on Tuesday, 9 10 11 12 13 14 15 ( SEAL) July 21 , 19 81. ~~~~ BRUCE V. HALKENHORST, City Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 ... -3- / AMENDMENT NUMBER ONE TO JOINT POWERS AG:B.~r.:l1EN~ SOUTHERN CALIFORNIA PUBLIC POWER AUTHORIT~ THIS AMENDMENT NUMBER ONE, dated as of)., 1981, to Southern California Public Power Authority Joint Powers Agreement, dated as of November )., ).980 (the "Joint Powers Agreement"); WI T N E SSE T H: WHEREAS, City of Anaheim, City of Azusa, City of Banning, City of Burbank, City of Colton, City of Glendale, City .of 1:..0$ Angeles, ,City of Pasadena, City of Riverside and Imperial Irrigation District have el1tered into the Joint Powers Agreement to create a separate public entity pursuant to the provisions of Chapter 5, Division 7, Title 1, of the Government Code of the State of California, as amended; and WHEREAS ,Ci tyof Vernon has agreed to all provisions of the Joint Powers Agreement and met all the other conditions set forth in Section 13 of the Joint Powers Agreement and has become, a Member for all purposes of. the Joint Powers Agreement; and WHEREAS, the Members desire to amend the Joint Powers Agreement pursuant to Section 18 thereof to provide for contribution by Member s upon certain liabilities arising out of the performance of the Joint Powers Agreement, as permitted by Section 895.4, Chapter 21, Pivision 3.6,.Title 1 of the Government Code of the State of California; NOW, THEREFORE, the Members, for and in consideration of, the mutual promises and agreements herein contained, do hereby agree as follows: SECTION 1. Amenament to Joint Powers Agree.ent. The Joint Powers Agreement is hereby amended by deleting Section 7 and inserting in lieu thereof the following: .Section 7. Limitations and Contribution. "(a) Bonds or notes issued by the Authority under Section 6, and contracts or obligations which are en.tered into bytbe Authority to carry out the purposes for which such bonds or notes are issued and which are payable in whole or in part from the proceeds ofsi1id bonds or notes, shall not constitute a debt , liability or obligation o,f any Member . Pursuant to Section 6508.1 of the Government Code of the State of California, as amended, no debt, liability or obligation of the Authority shall be a debt, liability or obligation of any Member except as provided by Section 895.2 of the Government Code of the State of California in the case of injury .caused bya EXHIBIT tr ,,;. .. .'" negligent or wrongful act or omission occuring in the performanc~ of this Agreement. n(b) In the event any Member is held liable upon any judg mentfor damages caused by a negligent or wrongful act.. oromis- sionoccuring in the performance .ofthis Agreement, and pays in excess of its. Liability Share of. such judgment, such Jt.lember shall be entitled to contribution from each other Member, and such Member may require each other P.lember to pay any amount in excess of such Member's Liability Share of fluchjudgment which such Member has paid, but in no event shall any such other Member be sor~quiredto pay in excess of such o,ther Member's Liability Share o.f$uchjudgment. ., (c) As used in clause (b) , subject to clause (d) ,th~ term 'Liability Shar.e' shall mean , with respect to any Member, the amount of the judgment divided by the number of Members. at" the time the act or omission occurred. "(dl~otwithstanding clause (c), if any portion of the judgment arises. from an act or omission directly related. to the studying, planning, financing, developing, acquiring, constrlict... ing, reconstructing, improving, enlarging, bettering, operating, maintaining or decomissioning any llroject as to which there shall be one or mor,e Project Contracts, with respect to ,such portion the term 'Liability Share' shall mean, with respect to any Member, the amount of such portion multiplied by a fraction equal to (i) such .Member' s then existing entitlement or right, if any, to participate in such Project, divided by (ii) the aggregate amount ,of all. Member's then existing entitlements or r,ights to. participate in. such Project. In the event such Projectinvolv~s ,both generation and transmission facilities and any Member's entitlement or right to participate in such Project's generation differs from that with respect to such Project's transmission, the calculation pursuant to this clause (d) shall be made on the basis of Project generation, and. in the event that such calculation is being made with respect to a Project (other than,a Study Project) prior to the date of com- mercial operation of the llroject, such calculation shall be made as of the. anticipated date of commercial operation of such project. ,. (e) Nothing in this Section contained shall in any way diminish the liability of any Member or other party with respect to any contract between such Member or other party and the Authority." SEC".rION 2. Execution of Counterparts. T his Arne n d men t Number One may be executed in any number of counterparts. All such counterparts shall be deemed to be originals and shall together con- stitute but one and the same instrument. -2- EXHIBll.--.. .z.r ~. . . SECTION 3. Effective Date~ Effect of Amendment. This Amendment Number One shall become effective as'of the date first above written. Except a$amended hereby, the Joint Powers Agreement remains unchanged and in full force and effect. IN WITNESS WHEREOF, the Members have caused this Amendment Number One to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be ,hereto affixed, as of the date first above written. CITY OF ANAHEIM (Seal) By ATTEST: CITY OF AZUSA (Seal) By ATTEST: CITY OF BANNING (Seal) By ATTEST: -3- EXHIBIT k e .. (Seal) ATTEST: (Seal) ATTEST: ( Sea 1 ) ATTEST: (Seal) (Seal) ATTEST: . .. CITY OF BURBANK By CITY OF COLTON By CITY OF GLENDALE By CITY OF LOS ANGELES By DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES By and CITY OF PASADENA By -4- EXHIBIT It .. ~ ( Seal) ATTEST: ( Seal) ATTEST: S IBRIJCE V. f1AI.KENHOFST Broce · V. HaJketl1.1orst City Administrator (Seal) ATTEST: EXHIBIT ,< c. CITY OF RIVERSIPE By CITY OF VERNON BySITFiONTS r. MAT;p.l1RG Leonis C . Tvf.alburp: -Mayor IMPERIAL IRRIGATION DISTRICT By -5- ~ .