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Resolution No. 6533 1 RESOLUTION NO. 6533 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON TERMINATING THE APPROVAL OF THE 1995 POWER SALES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND SAN DIEGO GAS & ELECTRIC COMPANY APPROVED BY RESOLUTION NO. 6358 AND RESCINDS THE ADOPTION OF RESOLUTION NO. 6358 4 5 6 7 WHEREAS, the City Council of the City of Vernon authorized the approval of a 1995 Power Sales Agreement by and between the City of Vernon and San Diego Gas & Electric Company ("San Diego") on July 12, 1994 by Resolution No. 6358; and WHEREAS, San Diego requested that the City of Vernon 8 9 10 11 12 exercise its rights to designate a delivery point pursuant to 13 Section 5 of said Agreement prior to San Diego's management approving the Agreement and authorizing the execution thereof; and WHEREAS, Kenneth J. DeDario, Director of Light and Power, 14 15 16 17 sent a letter dated August 10, 1994, in accordance with San Diego's request designating that "Therefore, to the extent said 18 Agreement becomes effective pursuant to section 3, the City of 19 Vernon hereby designates Sylmar as a Point of Delivery for that 20 21 22 portion of our purchase not to exceed 50 MW during its term;" and 23 WHEREAS, the exercise of the City of Vernon~s right to designate a delivery point in advance of San Diego's final approval of the Agreement is a change in the Agreement which the 24 City Council considered on July 12, 1994; and 25 26 WHEREAS, the City Council would therefor have to ratify Mr. DeDario's letter of August 10, 1994 and approve the Power Sales Agreement as modified by said letter; and 27 28 /11 L, ~ .. " 1 WHEREAS, the Light and Power Department of the City of 2 Vernon has received competing proposals to provide capacity and 3 associated energy as a nonintegrated resource at substantially 4 lower prices than is included in the San Diego arrangements; and 5 WHEREAS, the Light and Power Department of the City of 6 Vernon therefor desires that the San Diego contract not be 7 approved and that the City Council consider the proposals 8 submitted by other sellers. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 10 CITY OF VERNON AS FOLLOWS: 11 SECTION 1: The City Council of the City of Vernon does 12 hereby find and determine that the recitals contained hereinabove 13 are true and correct. 14 SECTION 2: The City Council of the City of Vernon hereby 15 terminates its approval of the 1995 Power Sales Agreement, which 16 had previously been approved by Resolution No. 6358, because of 17 the change in the Agreement constituting a counterproposal by San 18 Diego after the City Council's approval, and because other sellers 19 have presented power sale arrangements to the City of Vernon which 20 are more economically advantageous to the City of Vernon. 21 SECTION 3: The City Council of the City of Vernon hereby 22 rescinds its adoption of Resolution No. 6358 and hereby rejects 23 the 1995 Power Sales Agreement as proposed and modified by the 24 August 10, 1994 letter from Mr DeDario. 25 26 27 28 III III III III -2- 1 '-, 1, '. '. SECTION 4: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution and thereupon and 3 thereafter the same shall be in full force and effect. 4 5 6 7 AT~ 8 BRUCE V. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AND ADOPTED this 26th day of October, 1994. ~~? A /// _ ~.. ~~ MALKENHORST, c~ty Clerk -3- to, .. '. " 1 STATE OF CALIFORNIA ) ) 5S COUNTY OF LOS ANGELES ) 2 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6533, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council 6 7 8 duly held on Wednesday October 26. 1994, and thereafter was duly signed by the Mayor of the City of Vernon. A 9 10 BRUCE V. MALKENHORST, 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-