Resolution No. 6154
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RESOLUTION NO. 6154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
A PARTICIPATION AGREEMENT FOR THE SANTA CLARA
DEMONSTRATION PROJECT BY AND BETWEEN THE CITY OF
VERNON AND VARIOUS PUBLIC AND PRIVATE AGENCIES
WHEREAS, the City of Vernon on August 20, 1990, joined the
Fuel Cell Commercialization Group and certain members thereof (the
"Participants") intend establishing the Santa Clara Demonstration
Project (the "Project") to undertake the design, construction,
testing and demonstration of a two megawatt carbonate fuel cell
power plant; and
WHEREAS, the participants include the City of Vernon, the
Department of Water and Power of the City of Los Angeles, the City
of Santa Clara, the Sacramento Municipal Utility District, the
Southern California Edison Company, and the National Rural Electric
Cooperative Association; and
WHEREAS, the Project has the potential for developing an
economical power source which can be used in urban areas; the
Participants in the Project will own the data and intellectual
property used to develop the power plant (not including the fuel
cell); and if the Project is successful and leads to the
commercialization of the two megawatt carbonate fuel cells, the
Participants will receive royalties from the sale thereof and will
have the option to take title to the power plant; and
WHEREAS, the City Council of the City of Vernon by minute
order on March 17, 1992 approved a budget in the amount of Three
Million One Hundred and Fifty Thousand Dollars ($3,150,000) for the
Project which is the maximum funding for the Project under the
Participation Agreement; and
1 WHEREAS, the City of Vernon has provided $150,000 of the
2 budgeted amount as interim funding for the Project, which amount
3 will be credited against the budgeted amount if all Participants
4 execute the Participation Agreement, but will be written off as
5 Project planning expense if the Project is cancelled; and
6 WHEREAS, the approval of the participation Agreement is
7 contingent upon the conditions subsequent set forth in Section 2.3
8 thereof which include full funding of the Project and the unanimous
9 approval of the operative agreements, and if such conditions are not
10 met, the Participation Agreement will have no further force and
11 effect.
12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
13 CITY OF VERNON AS FOLLOWS:
14 SECTION 1: The City Council of the City of Vernon hereby
15 finds and determines that the recitals contained hereinabove are
16 true and correct.
17 SECTION 2: The City Council of the City of Vernon hereby
18 approves the "Participation Agreement for the Santa Clara
19 Demonstration Project," a copy of which has been presented to the
20 City Council concurrently with this resolution, subject to the
21 conditions set forth in section 2.3 of said Participation Agreement;
22 and if said conditions are not fulfilled, then said Participation
23 Agreement shall have no further force and effect and shall become
24 null and void. The City Council hereby orders said Participation
25 Agreement to be received and filed by the city Clerk.
26 SECTION 3: The City Council of the City of Vernon hereby
27 authorizes the Mayor and the City Clerk to execute said Agreement
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1 for, and on behalf of, the City of Vernon.
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The City Clerk of the City of Vernon shall
SECTION 4:
3 certify to the passage of this resolution, and thereupon and
4 thereafter the same shall be in full force and effect.
5 APPROVED AND ADOPTED this 22nd day of September, 1992.
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ATT. ~E~ST'
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BRUCE V.
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EONIS C. MALB G, Mayo
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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. 6154, was duly adopted by the City Council of the city of Vernon
at an adjourned regular meeting of the City Council duly held on
Tuesday, September 22, 1992, and thereafter was duly signed by the
Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, city Clerk
(SEAL)
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