Resolution No. 5754
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RESOLUTION NO. 5754
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF AN AMENDMENT ONE TO THE
POWER SALE AGREEMENT NO. 2 (1989-90) BY
AND BETWEEN THE CITY OF VERNON AND THE
DEPARTMENT OF WATER RESOURCES OF THE-STATE
OF CALIFORNIA
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WHEREAS, the city Council of the City of Vernon adopted
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Resolution No. 5479 on March 15, 1988, which approved and
authorized the execution of a Power Sale Agreement No. 2 (1989-
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90) between the City of Vernon and the Department of Water
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Resources of the State of California ("DWR") which terminates on
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December 31, 1990; and
WHEREAS, the City Council of the City of Vernon adopted
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Resolution No. 5700 on December 19, 1989, which approved and
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authorized the execution of a Power Sale Agreement No. 3 (1991-
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93) between the City of Vernon and DWR which terminates on
December 31, 1993; and
WHEREAS,
the City of Vernon's need to purchase
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associated energy during some hours under the Power Sale
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Agreement No. 2 (1989-90) has decreased; and
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WHEREAS, DWR could use the energy being made available
to the City of Vernon for itself or for other purposes; and
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WHEREAS, the City of Vernon and DWR desire to amend the
Power Sale Agreement No.
2 (1989-90) to provide for possible
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reductions
in Vernon's obligation to accept associated energy
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supplied by DWR and to provide for credit if such reduction is
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taken; and
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WHEREAS, the Amendment One to the Power Sale Agreement
No. 2 (1989-90) would be effective beginning May 1, 1990 and
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terminate on December 31, 1990.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2:
The City Council of the City of Vernon
hereby approves Amendment One to the Power Sale Agreement No. 2
(1989-90), a copy of which has been presented to the City
Council concurrently with this resolution and the City Council
hereby orders said Amendment to be received and filed by the
City Clerk.
SECTION 3: The City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
Amendment 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.
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APPROVED AND ADOPTED this 15th day of May, 1990.
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23 AT~
24 BRUCE V.
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MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5754, was duly adopted by the City Council of the
ci ty of Vernon at a regular meeting of the City Council duly
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held on Tuesday, May 15. 1990, and thereafter duly signed by the
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Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
(SEAL)
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DWR Contract No.
164034
4 CITY OF VERNON
DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA
5 AMENDMENT NO. 1 TO THE POWER SALE AGREEMENT NO. 2 ( 1989 - 90 )
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.72'
85 34769
PARTIES: The Parties to this Amendment to the Power
Sale Agreement are: city of Vernon "Vernon" and the
Department of Water Resources of the state of
California "DWR"; hereinafter sometimes referred to
individually as "Party" and collectively as "Parties."
RECITALS: This Amendment is made with reference to the
following facts, among others:
2.1 Vernon's need to purchase associated energy under
the Power Sale Agreement No. 2 (1989-90) has
decreased.
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2.2 DWR could use the energy being made available to
Vernon for itself or for other purposes.
Agreement: The Parties agree to amend the Power Sale
Agreement No. 2 (1989-90) as follows:
Add a new Subsection 5.1.3 as follows:
"5.1.3
Vernon may reduce its obligation to
accept associated energy supplied by DWR
pursuant to Sections 5.1.1 and 5.1.2;
provided, that such reductions do not
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COURT PAPER
STATE 0" CALIFORNIA
STD. 113 ,IlEV. 8.72'
8&34769
result in Vernon taking less than 95
percent of the energy Vernon is
obligated to take or pay during that
month. II
Add a new Subsection 7.6 as follows:
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DWR shall give Vernon credit for the
associated energy not taken pursuant to
Subsection 5.1.3, at a rate of 24.5 mills per
kilowatthour."
This Amendment shall be effective beginning May 1, 1990
and shall terminate when the Power Sale Agreement No. 2
terminates.
All other terms and conditions of the Power Sale
Agreement No. 2 remain unchanged.
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signature Clause: The signatories to this Amendment to
2 the Power Sale Agreement represent that they have been
3 appropriately authorized to enter into this Amendment
4 on behalf of the Party for whom they sign.
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6 APPROVED AS TO FORM
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By: \)~'0,\S~
City Attorney. .
CITY OF VERNON
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By: %<,-t1Ut.-Y a, lbtt~
Mayor Pro Tettl
10 Date: May 29. 1990
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COURT PAPER
STATE 0" CALIFORNIA
STD, 113 ,REV. 8.72'
8S34769
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By: d /;4/~
City Clerk
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APPROVED AS TO LEGAL
FORM AND SUFFICIENCY
By: .~~
Assistant Chief Counsel
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aOG19!IJ
DEPARTMENT OF WATER RESOURCES
OF THE STATE OF CALIFORNIA
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By: U. ~~R
Deput ,6re~r
Date: 6 zz" U
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