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Resolution No. 6899 1 RESOLUTION NO. 6899 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN ELECTRICAL SERVICE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND CLOUGHERTY PACKING COMPANY 4 5 6 WHEREAS, Clougherty packing Company ("Company") operates a meat processing facility at 3049 E. Vernon Avenue in the City of 7 8 Vernon ("city"); and WHEREAS, Company intends to expand its operations in the 9 10 City by locating new facilities at the East Annex, a parcel of property located in the Vernon Redevelopment Project Area 11 12 (hereinafter referred to as "Annex"); and 13 WHEREAS, Company is presently receiving electrical 14 service from the City at four (4) delivery points and desires to 15 receive its electrical service for its entire operation from City 16 at a single point of delivery; and WHEREAS, Company is willing to pay to city the Added Facility payments for the existing local distribution facilities 17 18 19 used to provide service to the plant in order to integrate such facilities with the new Added Facilities, the new substation and 20 21 associated facilities which are required to facilitate the new 22 single point of delivery; and 23 WHEREAS, Company and City acknowledge that the existing 24 four (4) delivery point transformers and ancillary equipment are used and free of polychlorinated biphenyl (PCB) in excess of one (1) part per million and, while in working order, are of depreciated value, which the parties hereby agree to be One 25 26 27 28 ..- .... ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Hundred Twenty-Five Thousand Dollars ($125,000); and WHEREAS, Company intends to pay the new Added Facilities payment for installing new local distribution facilities to serve the Annex; and WHEREAS, City is a chartered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmission, distribution, and sale of electric capacity and energy. City serves electricity to consumers at retail from City's distribution system located within its municipal boundaries; and WHEREAS, City is willing to permit the Company to take electrical service at a single point of delivery; and WHEREAS, City is willing to construct a new 66 kV-16kV Substation ("New SUbstation") and associated facilities at the Annex at City cost in order to enable Company to take service at a single point of delivery metered at 16 kV; and WHEREAS, Company is willing to agree to locate its expanded manufacturing and distribution facilities on the Annex in City and to purchase electricity (capacity and energy) from City for use at its entire plant for the next seven (7) years in consideration of the terms of this Agreement; and WHEREAS, City is willing to permit Company to take its electrical service from City under the most favorable tariff schedule then in effect for its level of service. 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 does hereby find and determine that the recitals contained hereinabove -2- - 1 are true and correct. 2 SECTION 2: The City Council of the City of Vernon hereby 3 approves the Electrical Service Agreement, a copy of which has been presented to the City Council concurrently with this resolution, and the city Council hereby orders said Agreement to 4 5 6 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 Agreement for, and on behalf of, the City of Vernon. 7 8 9 10 SECTION 4: The City Clerk of the City of Vernon shall 11 certify to the passage of this resolution and thereupon and 12 thereafter the same shall be in full force and effect. 13 APPROVED AND ADOPTED this 14 /' 15 ATTEST: / // ~ ~ /~~~ BRUCE V. MALKENHORST, City Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- .....,.., . . ..... J .. 1 STATE OF CALIFORNIA ) ) ss 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. 6899, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, December 17. 1996, and thereafter was duly signed by 6 7 8 9 the Mayor of the City of Vernon. /~ 10 4- 11 BRUCE V. MALKENHORST, City Clerk 12 ( SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-