Resolution No. 5378
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RESOLU'l'IOB RO. 5378
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A RELEASE AGREEMENT BETWEEN THE
WESTERN AREA POWER ADMINISTRATION AND THE
CITY OF VERNON RELATING TO THE ALLOCATION
OF CAPACITY AND ENERGY TO VERNON PURSUANT TO
THE BOULDER CANYON PROJECT ACT
WHEREAS, the Secretary of Energy, acting by and through
the Administrator, Western Area Power Administration (UWAPA"), an
agency of the Department of Energy, and the City of Vernon
("Vernon"), have negotiated a contract for the sale of power and
energy from Hoover Powerplant in accordance with the Hoover Power
Plant Act of 19847 and
WHEREAS, the City Council of Vernon adopted Resolution
No. 5355 on January 6, 1987, as amended by Resolution No. 5360 on
January 27, 1987, which approved and authorized the execution of
Contract No. DE-MS65-86WP39587 between Vernon and the United
17 States Department of Energy, WAPA, Boulder Canyon project for
18 electric service7 and
19 WHEREAS, essential elements of the disposition of
20 capacity and energy from the Boulder Canyon Project are contained
21 in the "General Regulations for the Charges for the Sale of Power
22 from the Boulder Canyon project"7 and
23 WHEREAS, Vernon is willing to waive its rights to chal-
24 lenge by judicial review or arbitration the promulgation and con-
25 tents of such General Regulations in order to preserve such
26 General Regulations in their present form until properly amended
27 or supplemented while retaining its right to challenge the inter-
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pretations or applications of such General Regulations.
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
hereinabove are true and correct.
SECTION 2: That the City Council of the City of Vernon
hereby approves the Release Agreement, a copy of which has been
presented to the City Council concurrently with this resolution
and the City Council hereby orders said Agreement to be received
and filed by the City Clerk.
SECTION 3: That the City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
Agreement for, and on behalf of, the City of Vernon.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of March, 1987.
t<0t;~
ATT~... :
/L-
BRUCE V.
MALKENHORST, City Clerk
-2-
1 STATE.OF CALIFORNIA )
) SSe
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 5378 ,was duly adopted by the City Council of
7 the City of Vernon, and was approved by the Mayor of said City
8 at a regular meeting of the City Council held on Tuesday,
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March 17
, 19 87
~j/#{~~
BRUCE V. MALKENHORST,City
Clerk
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RELEASE OF CLAIMS
and
WAIVER OF RIGHT TO CHALLENGE REGULATIONS
WHEREAS, the Secretary of Energy, acti ng by and through t.he
Administrator, Western Area Power Administration, an agency of the
Department of Energy, and the City of Vernon ("VernonU) have negot i ated
a contract for the sale of power and energy from Hoover Powerplantin
accordance with the Hoover Power Plant Act of 1984, Pub.. L. No. 98-381,
98th Congress (the "Act"); and
WHEREAS, essential elements of the disposition of capacity and energy
from the Boulder Canyon Project are contained in the "General
Regulations for the Charges for the Sale of Power from the Boulder
Canyon Project'I(51 Fed. Reg. 43154-43158, November 28, 1986,
accompanied by the "Supplementary Information" appearing at 51 Fed. Reg.
43124...43154}; and
WHEREAS, the intent of the waiver and relinquishment made below of the
riqht of Vernon to challenge by judicial reviewQrarbitration the
promulgation and the contents of such General Regulations is to preserve
such General Regulations in their present form until properly amended or
supplemented while retaining Vernon's right to challenge the
interpretations or applications of such General Regulations;
NOW, THEREFORE, consistently with the Act and in consideration of the
eXecution of.the contract for capacity and energy from the Hoover
Powerplant, Vernon hereby releases the United States, its officers and
agents, from any claims arising out of the disposition by the United
States under section 105 of the Act of capacity and energyfrQm the
Boulder Canyon Project.
This Release of Claims and Waiver of Right to Challenge Regulations is
without prejudi ce to any c1 ai ms, di sputes, or di sagreementsof the
nature described either in the second sentence of subsect i on( h}( I} of
the section 105 of the Act or in subsection (h}(2) of section 105 .of the
Act; Provided, That Vernon waives and relinquiShes its right to
challenge by judicial review or arbitration the promulgation and the
contents of the "General Regulations for the Charges for the Sale of
Power from the Boulder Canyon Project"as published (51 Fed. Reg.
43154-43158, November 28, 1986, accompanied by the "Supplementary
Information" appearing at 51 Fed. Reg. 43124-43154), but this waiver and
re 1 i nqui shment does not extend to the ri ght, in a.ccordance with the
procedure specified in section 904.13 of said General Regulations, to
challenge, by judicial review .or arbitration, interpretations or
applications of said General ReguTations and the aforesaid right and all
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other rights provided by the second sentence of subsection (h) (1)
of seQtioo 105 of the Act and by subsectioo(h)(2) of sectioo 1.05 of
the Act are reserved.
This Release of Claims and Waiver of Right to 01a11enge Regulations
does not encxmpass any claims of Vernoo against the United States,
its officers and agents, not arising out of the disposition by the
United States. of capacity and enez:gy under sectioo 105 of the. Act.
The City of Vernon represents that the person executing this Release
of Claims am Waiver of Right to Challenge Regulatioos at its behalf
is duly authorized to act in that regard.
This Release of Claims am Waiver of Right to Challenge ijegulatioos
shall be effective as of the first day of January, 1987.
Date :
City of Vernon, California ..
By ~" ..~...., .'..' .f ." ..~.-{..". . .' ... ......... '..M ....) '.' I
-- . 1eonis C. Ma1.bif9 ~.'"
Title: Mayor
ATrFSl':
~
BI~J(E V.
APProvED AS 'IO rom:
\')~~J~~
DAVID B. BREARLEY, City A tomey
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