Resolution No. 5788
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RESOLUTION NO. 5788
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF A COLLECTION AGREEMENT BY
AND BETWEEN THE CITY OF VERNON AND THE
SIERRA NATIONAL FOREST, USDA FOREST
SERVICE, FOR THE BEAR BUTTE HYDROELECTRIC
PROJECT, FERC NO. 10700
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WHEREAS, by Resolution No. 5572 approved by the City
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Council of the City of Vernon on November 22, 1988, the City
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Council approved the preparation and filing of a preliminary
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permit application for the Bear Butte Pumped Storage Project;
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and
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WHEREAS, the City of Vernon proposes to construct and
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operate a hydroelectric power generation plant on Big Creek,
which is on the Sierra National Forest,
piner idge Ranger
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District; and
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WHEREAS, the City Council of the City of Vernon wishes
to enter into a Collection Agreement with the Forest Service,
United States Department of Agriculture (Forest Service),
in
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order to complete the planning, feasibility study, design,
environmental impact investigations, and biological studies
necessary to complete the Application for the Bear Butte
Hydroelectric project as stated in the Federal Energy Regulatory
Commission Preliminary Permit for Project No. 10700 dated March
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29, 1989; and
WHEREAS, the Forest Service requires the deposi t of
fees in advance to share the cost of the preparation and
participation of the application process with supplemental
funding up to $18,000 per year until the license is issued.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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
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hereby approves the Collection Agreement with the Forest
Service, 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
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Clerk.
SECTION 3: The City Council of the City of Vernon
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hereby authorizes the Mayor and the City Clerk to execute said
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Agreement for, and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon
hereby approves the advance payment of $18,000 to the Forest
Service to cover the total cost, including administrative costs,
for providing the requested information and services.
SECTION 5: 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 July, 1990.
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, ~{~~!r Pro Tem
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BRUCE V. 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
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5788, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly
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held on Tuesday, July 17. 1990. and thereafter duly signed by
the Mayor of the City of Vernon.
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UCE V. MALKENHORST, City Clerk
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COLLECTION AGREEMENT
BETWEEN
CITY OF VERNON, CALIFORNIA
AND
SIERRA NATIONAL FOREST, USDA FOREST SERVICE
FOR
BEAR BUTE HYDROELECTRIC PROJECT, (FERC NO. 10700)
THIS AGREEMENT, in accordance with the provlSlons of the Act of April
24, 1950, (16 USC 572), is made and entered into this day of
, ~Oby and between CITY OF VERNON, CALIFORNIA, a
municipal corporation, hereinafter referred to as CITY, and the
FOREST SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, hereinafter
referred to as the Forest Service.
RECITALS:
1. CITY proposes to construct and operate a hydroelectric power
generation plant on Big Creek which is on the Sierra
National Forest, Pineridge Ranger District.
2. CITY proposes to complete the planning, feasibility study,
design, environmental impact investigations, and biological
studies necessary to complete the Application for the Bear
Butte Hydroelectric Project as stated in the Federal Energy
Regulatory Commission Prelimininary Permit for Project No.
10700 dated March 29, 1989.
3. CITY feasibility studies on National Forest Land are
authorized by Forest Service Special Use Permit designated:
Interim Feasibility Study Special Use Permit - dated July,
1989.
4. The proposed project known as the Bear Butte Hydroelectric
Project will be located on National Forest Lands within
Sections of 13, 23, 24, 26 of T. 8 S., R. 25 E.; and
Sections of 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 22, 23,
T. 8 S., R. 26 E., Mt. Diablo Base and Meridian.
5. The CITY will perform the pre-filing requirements of the
Application according to 18 CFR 4.38 and the Application
according to requirements of 18 CFR 4.40, both of which
require cooperation and assistance from the Forest Service.
Analysis, coordination with all other aspects of concern,
and examination of alternatives are required of the Forest
Service by Forest Service policy as directed in FSM 1950 and
FSH 1909.15. A Special Use Authorization will also be
issued according to 36 CFR 251.54"
6. The Forest Service has requested, in the letter of February
21, 1989, the CITY share the cost of the preparation and
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participation of the application process with supplemental
funding up to $18,000 per year until the license is issued.
The supplemental funding will be used only to process and
perform tasks required by the CITY, FERC, or Forest Service
to complete the application and Special Use Permit Process
to issuance of the FERC license. Any supplemental funding
after that period would be authorized by a new Cooperative
Agreement.
NOW THEREFORE, the parties hereto agree as follows:
1. Forest Service will complete the work to be consistent with
the CITY application schedule providing necessary studies
are given to the Forest Service in a timely manner.
2. All work performed by the Forest Service and paid for by the
CITY will be public information accessible to the general
public.
3. CITY shall make an advance payment of up to $18,000 annually
to cover the total cost, including administrative costs, for
providing the requested information and services. The
Forest Service requires that a positive balance be
maintained with a working fund continually available as the
work proceeds.
4. Forest Service shall deposit payments received from CITY
into the Forest Service cooperative work fund.
5. This agreement will have no effect on the provisions and
clauses of CITY's Special Use Permits or easement;
specifically, this agreement shall in no way be deemed an
admission or agreement on the part of CITY that it is
required to reimburse the Forest Service for any costs
incurred by it in processing the CITY's permit application.
This Agreement will in no way be considered by the Forest
Service as an obligation or in no way construe any
prejudgement on the merits of the CITY proposal for the
Project. The Forest Service will remain impartial to the
merits of the CITY license application and make judgements
only according to policy and regulation guidelines.
6. Forest Service shall provide to CITY an itemized summary of
actual expenditures summarizing the previous expenditures at
the time of request of additional funding. Any unexpended
funds at time of license issuance by FERC or termination of
this agreement will be returned to the CITY.
7. Forest Service will provide the work and information, to the
best of its ability, as described herein, as soon as
possible following receipt of deposit.
8. The United States of America shall not be liable for any
damage incident to the performance of work under this
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agreement to CITY, and CITY hereby expressly waives any and
all claims against the United States of America for compen-
sation for any loss, damage, personal injury, or death
occurring in consequence of the performance of this
agreement.
9. This agreement shall become effective when accepted by the
parties hereto and will continue for six (6) years from the
date of execution of this agreement unless terminated
earlier by thirty (30) calendar days' written notice by
either party to the other: Provided that any funds on
deposit will be available for expenses incident to closing
out the work beyond the written notice.
10. No member of, or delegate to, Congress or Resident Commissioner
shall be admitted to any share or part of this agreement or to
any benefit that may arise therefrom; but this provision shall
not be construed to extend to this agreement if made with a
corporation for its general benefit.
11. Nothing herein shall be construed as obligating the Forest
Service to expend or invoke the United States in any contract or
other obligation for the future payment of money in excess of
appropriations authorized by law and administratively allocated
for this work.
IN WITNESS WHEREOF, the parties hereto, by their respective duly
authorized officials, have executed this agreement the day and year
first written above.
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SIERRA NATIONAL FOREST
CITY OF VERNON
By
By ~~ii.~H'UV
ornas . arra
Mayor Pro Tern
JAMES L. BOYNTON
Forest Supervisor ~
Sierra National Forest
A~~
Bruce V. Malkenhorst
City Clerk
APPROVED AS TO FORM
BY l) I 1). )) AJ24Ul 11 1990
DAVID B. BREARLEY
C E'Y A'iTORNB:Y
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UNITED STATES
DEPARTMENT OF
AGRICULTURE
SIERRA FOREST SUPERVISOR
FOREST CITV .OMI~I~ OFFlcgiOO TOLLHOUSE ROAD
SERVICE CITf<{ME~RNON CLOVIS. CA 93612
REPLY TO: 2720(L)
DATE:
AUG 2 8 1000
Robert F. Young. Bear Butte Project Manager
Resource Management International. Inc.
1010 Hurley Way. Suite 500
Sacramento. CA 95825
RJ;:q~~tl19 ..?' ,'+~
S:;1~, 1 loon .tJ.t... .i>.Jl'if-J1JtJ.. !
f)&L"Pu~1~u ~Vl. v--O
R roll I - ~~" ~"~'Y1c>p::?:)LA.f1lRr
Dear Mr. Young:
Enclosed is your fully executed copy of the Collection Agreement between the
City of Vernon and the USDA Forest Service for costs related to the Bear
Butte Hydroelectric Project FERC No. 10700 on the Pineridge Ranger District.
A copy of the agreement will be forwarded to the District Ranger. The
agreement includes the conditions under which you and the Government have
agreed to operate. Please contact the District Ranger if you have any
questions or concerns regarding this agreement.
We welcome you and hope our association will prove to be mutually
satisfactory.
Sincerely.
AMES L. BOYNTON
Forest Supervisor
Enclosure
cc:
Pineridge RD
. 'm1
Caring for the Land and Serving People
FS-62QO-28 (7-82)
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COLLECTION AGREEMENT
BETWEEN
CITY OF VERNON, CALIFORNIA
AND
SIERRA NATIONAL FOREST, USDA FOREST SERVICE
FOR
BEAR BUTE HYDROELECTRIC PROJECT, (FERC NO. 10700)
THIS AGREEMENT, in accordance with the provisions of the Act of April
/b. 4 , 1~.~~~}?~~~ 572), is made and entered into this ;2~ day of
~~ ,~~~ and between CITY OF VERNON, CALIFORNIA, a
murutcipal corp~{on, hereinafter referred to as CITY, and the
FOREST SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, hereinafter
referred to as the Forest Service.
RECITALS:
1. CITY proposes to construct and operate a hydroelectric power
generation plant on Big Creek which is on the Sierra
National Forest, Pineridge Ranger District.
2. CITY proposes to complete the planning, feasibility study,
design, environmental impact investigations, and biological
studies necessary to complete the Application for the Bear
Butte Hydroelectric Project as stated in the Federal Energy
Regulatory Commission Prelimininary Permit for Project No.
10700 dated March 29, 1989.
3. CITY feasibility studies on National Forest Land are
authorized by Forest Service Special Use Permit designated:
Interim Feasibility Study Special Use Permit - dated July,
1989.
4. The proposed project known as the Bear Butte Hydroelectric
Project will be located on National Forest Lands within
Sections of 13, 23. 24, 26 of T. 8 S., R. 25 E.; and
Sections of 7, 8. 9. 10, 11, 14. 15, 16, 17. 18. 19. 22. 23.
T. 8 S., R. 26 E., Mt. Diablo Base and Meridian.
5. The CITY will perform the pre-filing requirements of the
Application according to 18 CFR 4.38 and the Application
according to requirements of 18 CFR 4.40. both of which
require cooperation and assistance from the Forest Service.
Analysis. coordination with all other aspects of concern,
and examination of alternatives are required of the Forest
Service by Forest Service policy as directed in FSM 1950 and
FSH 1909.15. A Special Use Authorization will also be
issued according to 36 CPR 251.54.
6. The Forest Service has requested. in the letter of February
21, 1989. the CITY share the cost of the preparation and
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participation of the application process with supplemental
funding up to $18,000 per year until the license is issued.
The supplemental funding will be used only to process and
perform tasks required by the CITY, FERC, or Forest Service
to complete the application and Special Use Permit Process
to issuance of the FERC license. Any supplemental funding
after that period would be authorized by a new Cooperative
Agreement.
NOW THEREFORE, the parties hereto agree as follows:
1. Forest Service will complete the work to be consistent with
the CITY application schedule providing necessary studies
are given to the Forest Service in a timely manner.
2. All work performed by the Forest Service and paid for by the
CITY will be public information accessible to the general
public.
3. CITY shall make an advance payment of up to $18,000 annually
to cover the total cost, including administrative costs, for
providing the requested information and services. The
Forest Service requires that a positive balance be
maintained with a working fund continually available as the
work proceeds.
4. Forest Service shall deposit payments received from CITY
into the Forest Service cooperative work fund.
5. This agreement will have no effect on the provisions and
clauses of CITY's Special Use Permits or easement;
specifically, this agreement shall in no way be deemed an
admission or agreement on the part of CITY that it is
required to reimburse the Forest Service for any costs
incurred by it in processing the CITY's permit application.
This Agreement will in no way be considered by the Forest
Service as an obligation or in no way construe any
prejudgement on the merits of the CITY proposal for the
Project. The Forest Service will remain impartial to the
merits of the CITY license application and make judgements
only according to policy and regulation guidelines.
6. Forest Service shall provide to CITY an itemized summary of
actual expenditures summarizing the previous expenditures at
the time of request of additional funding. Any unexpended
funds at time of license issuance by FERC or termination of
this agreement will be returned to the CITY.
7. Forest Service will provide the work and information, to the
best of its ability, as described herein, as soon as
possible following receipt of deposit.
8. The United States of America shall not be liable for any
damage incident to the performance of work under this
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agreement to CITY, and CITY hereby expressly waives any and
all claims against the United States of America for compen-
sation for any loss, damage, personal injury, or death
occurring in consequence of the performance of this
agreement.
9. This agreement shall become effective when accepted by the
parties hereto and will continue for six (6) years from the
date of execution of this agreement unless terminated
earlier by thirty (30) calendar days' written notice by
either party to the other: Provided that any funds on
deposit will be available for expenses incident to closing
out the work beyond the written notice.
10. No member of, or delegate to, Congress or Resident Commissioner
shall be admitted to any share or part of this agreement or to
any benefit that may arise therefrom; but this provision shall
not be construed to extend to this agreement if made with a
corporation for its general benefit.
11. Nothing herein shall be construed as obligating the Forest
Service to expend or invoke the United States in any contract or
other obligation for the future payment of money in excess of
appropriations authorized by law and administratively allocated
for this work.
IN WITNESS WHEREOF, the parties hereto, by their respective duly
authorized officials, have executed this agreement the day and year
first written above.
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SIERRA NATIONAL FOREST
CITY OF VERNON
ES L. BOYNTON
Forest Supervisor ~
Sierra National Forest
By ~i('A~~'Uw'
ornas . arra
Mayor Pro Tern
A~~
Bruce V. Malkenhorst
City Clerk
APPROVED AS TO FORM
BY. t) I 1). V:> M~UL 1 7 1990
DAVID B. BREARLEY
C lTY A'l'TORNEY
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