Resolution No. 5442
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RESOLUTION 110. 5442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO THE
CALIFORNIA-OREGON TRANSMISSION PROJECT
AGREEMENT AMONG THE CITIES OF ANAHEIM, AZUSA,
BANNING, COLTON, RIVERSIDE, AND VERNON
PROVIDING FOR CLARIFICATION OF CERTAIN
SECTIONS WITHIN THE TRANSMISSION PROJECT
AGREEMENT
WHEREAS, the Parties to the California-Oregon Transmis-
sion Project Agreement, which was effective as of March 19, 1986,
desire to clarify the intent of certain sections within said
Agreement by amendment.
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
recital
contained
hereinabove is true and correct.
SECTION 2: That the City Council of 'the City of Vernon
hereby approves the Amendment No.1, a copy of which has been
presented to the City Council concurrently with this resolution,
and the City Council hereby orders said Amendment No. 1 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
Amendment No. 1 for, and on behalf of, the City of Vernon.
SECTION-4:
The City Clerk of the City of Vernon shall
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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 November, 1987.
A'l''l'~ .. ~..
r~_ _ t/r~ ~
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5442 ,was duly adopted by the City Council
of the City of Vernon, and was approved by the Mayor of said
City at a regular meeting of the City Council held on Tuesday,
November 17 , 19 87
~
(SEAL)
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TELEPHONES
OFFICERS
CITY COUNCIL
LEONIS C. MALBURG, Mayor
THOMAS A YBARRA, Mayor Pro-Tern
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
BRUCE V. MALKENHORST,
City Administrator/City Clerk
DAVID B. BREARLEY,
City Attorney
VICTOR H. V AITS,
Director of Community Services
CITY CLERK..............................583-8811
POLICE DEPT. ..........................587-5171
FIRE DEPT. ................................583-4821
BUILDING DEPT......................583-8811
PUBLIC WORKS DEPT. ..........583-8811
HEALTH DEPT. ........................583-8811
LEWIS R. ADAMS,
Director of Water & Power
GEORGE F. BASS,
Fire Chief
CITY HALL
AL ESPINOZA
Police Chief
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
In Reply Refer to:
November 17, 1987
HAND DELIVERED
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058-0805
Re: Amendment No. 1 To The California-Oregon
Transmission Project Agreement
Dear Bruce:
Enclosed please find the original and one copy of Amendment
No. 1 to the California-Oregon Transmission Project Agreement and
Resolution No. 5442 for approval by the City Council at todays
meeting. d" ,i,/
~ .
Please note that five extra original signature pages are a so '. ,.,/.h1
enclosed for execution. We should retain the original signature/~Pl !
page of the execution original for our files and forward to Lois
E. Jeffrey of Rourke & Woodruff the extra five original executed
signature pages for distribution to the other Cities. Ms. Jef-
frey will in turn distribute to us the executed signature pages
of the other Cities. Once you have received all of the executed
signature pages, please send me a conformed copy.
If you have any questions, please do not hesitate to call me.
Very truly yours,
\)~D>I~~
David B. Brearley
City Attorney
DBB:jl
Enclosures
CITY COUNCIL
LEONIS C. MALBURG, Mayor
THOMAS A YBARRA, Mayor Pro-Tern
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
TELEPHONES
CITY CLERK..............................583-8811
POUCE DEPT. ..........................587-5171
FIRE DEPT. ................................583-4821
BUILDING DEPT......................583-8811
PUBUC WORKS DEPT. ..........583-8811
HEALTH DEPT. ........................583-8811
OFFICERS
BRUCE V. MALKENHORST,
City Administrator/City Clerk
DAVID B. BREARLEY,
City Attorney
VICTOR H. V AITS,
Director of Community Services
LEWIS R ADAMS,
Director of Wl.lter & Power
GEORGE F. BASS,
Fire Chief
CITY HALL
AL ESPINOZA
Police Chief
4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058
December 10, 1987
In Reply Refer to:
Rourke & Woodruff
Nexus Financial Center
701 South Parker Street Suite 7000
Orange, CA 92668
ATT: Lois E. Jeffrey
Dear Ms. Jeffrey:
In accordance with previous city council approval enclosed herewith
is Amendment No. 1 of the California-Oregon Transmission Project
Agreement among the Cities of Anaheim, Azusa, Banning, Colton,
Riverside, and Vernon. Also enclosed are five additional original
signature pages for your distribution.
A~~rUl~~:;;
.. dlor~a -;&#osco
" Chief iputy City Clerk
,/
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encs.
,~~
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LAW OFFICES OF
Rourke & Woodruff
JAMES G. ROURKE
THOMAS L. WOODRUFF
ALAN R. WATTS
KENNARD R. SMART, JR
DANIEL K. SPRADLIN
LYDIA 5. LEVIN
SUZANNE D. ATKINS
LOIS E. JEFFREY
THOMAS F. NIXON
CRAIG G. FARRINGTON
CLARK F. IDE
MAGDALENA LONA-WIANT
A PROFESSIONAL CORPORATION
SUITE 7000
NEXUS FINANCIAL CENTER
701 SOUTH PARKER STREET
ORANGE, CALIFORNIA 92668
TELEPHONE (714) 558-7000
TELECOPIER: (714) 635-7767
CA6LE ADDRESS: RORWOOD
TELEX: 60-4294
December 7, 1987
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: California-Oregon Transmission Project Agreement
Among the City of Anaheim, City of Azusa, City of
Banning, City of Colton, City of Riverside, and
City of Vernon
--------------------------------~----------------
Dear City Clerk:
We have been informed by your City Attorney, David B.
Brearley, that the City Council has approved execution of the
above-referenced Agreement and Amendment No. 1 to the Agreement.
Previously, I had provided Mr. Brearley with five extra originals
of the signature pages for both the Agreement and Amendment No.
1. We ask that you retain one original signature page of your
execution original for your files, and forward to us the
remainder of the original executed signature pages for
distribution to the other Cities. We will be sending to you
execution originals of the signature pages from each of the other
Cities.
If you have any questions, or require
signature pages, please do not hesitate
secretary, Linda Worth, a call.
addi tional original
to give me or my
Very truly yours,
ROURKE & WOODRUFF
LOf: ~F~
LEJ:lw:D:12/4/87(66)
cc: David B. Brearley, Esq.
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AMENDMENT NO. 1
CALIFORNIA-OREGON TRANSMISSION PROJECT AGREEMENT
AMONG
CITY OF ANAHEIM
CITY OF AZUSA
CITY OF BANNING
CITY OF COLTON
CITY OF RIVERSIDE
CITY OF VERNON
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AMENDMENT NO. 1
CALIFORNIA-OREGON TRANSMISSION PROJECT AGREEMENT
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1.
PARTIES:
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The Parties to this Amendment No. 1 to the California-
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Oregon Transmission proj ect Agreement (" Amendment No.1")
are the CITY OF ANAHEIM ("Anaheim"), the CITY OF AZUSA
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("Azusa"), the CITY OF BANNING ("Banning"), the CITY OF
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COLTON ("Colton"), the CITY OF RIVERSIDE ("Riverside"), and
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the CITY OF VERNON ("Vernon"), each of whom is a municipal
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corporation duly organized and existing under the laws of
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the State of California, hereinafter referred to individual-
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lyas "Party" and collectively as "Parties."
2. RECITALS:
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This Amendment No. 1 is made with reference to the
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following facts, among others:
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2.1 The Parties have executed the California-
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Oregon Transmission Project Agreement ("Agreement"), effec-
tive as of March 19, 1986.
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2.2 The Parties desire to clarify the intent of
Sections 8.2 through 8.6 of the Agreement by this Amendment
NO . 1.
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2.3
The parties desire to clarify the intent of
Section 2.5 of the MOU and hereby state that the Agreement
and this Amendment No. 1 are not inte.nded to conflict with
the MOU, and the MOU .is to be interpreted as the source of
the Parties' rights in the proj ect,
and that nothing
contained in the Agreement or in this Amendment No. 1 shall
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modify or limit the MOU in any way.
3 . AGREEMENT:
In consideration of the Recitals and the mutual
promises herein, the Parties agree as follows:
4 . AMENDMENT:
Section 8 of the Agreement is hereby amended to add
Sections 8.7 and 8.8 as set forth below. All other terms
and provisions of the Agreement not otherwise in conflict
with the express provisions of this Amendment No. 1 shall
remain in full force and effect:
II 8.7 Notwi thstanding the provisions of Sec-
tions 8.2 through 8.6, if a Party wishes to trans-
fer or assign all or a portion of its rights or
interests in this Agreement and the PDA to
Southern California Edison Company ("Edison") as a
part of a settlement agreement, the provisions of
Sections 8.2 through 8.6 shall not apply."
II 8.8 The Parties intend to use their
entitlements to transmission service for
transmission of II integrated" or "non-integrated"
resources at their option. Section 2.5 of the MOU
was intended to provide the standards upon which
to measure the transmission service to be provided
by Edison. These standards are to be in
accordance with the transmission provisions
provided in each Party's Integrated Operations
Agreement with Edison, referenced as part of
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Edison's partial requirements tariff schedule
approved by the Federal Energy Regulatory
Commission."
5. COUNTERPARTS:
This Amendment No. 1 may be signed in counterparts and,
when all counterparts are executed, each counterpart shall
have the same force and effect as though the signatures were
contained in one single document.
6. SIGNATURE CLAUSE:
The Parties have caused this Amendment No. 1 to be
executed on their behalf and the signatories hereto
represent that they have been duly authorized to enter into
this Amendment No. 1 on behalf of the Party for whom they
sign.
Attest:
Attest:
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CITY OF ANAHEIM
By:
Name:
Title:
Date:
CITY OF AZUSA
By:
Name:
Title:
Date:
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Attest:
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CITY OF BANNING
By:
Name:
Title:
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Date:
CITY OF COLTON
By:
Name:
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Title:
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Attest:
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Date:
CITY OF RIVERSIDE
By:
Name:
Title:
Attest:
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Date:
CITY OF VERNON
~ BY:~~~~'
/4 ~ Name: .
Title:
Date:
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LEJ:lw:R:ll/2/87(49)
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