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Resolution No. 89663 4 5 6 7 8 M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8966 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE WITH CITIGROUP TO ACT AS THE CITY'S LEAD UNDERWRITER AND INVESTMENT BANKER FOR NATURAL GAS PRE -PAYMENT TRANSACTIONS AND TO NEGOTIATE WITH INSTITUTIONS PROVIDING JUNIOR UNDERWRITER SERVICES RELATING TO SAID TRANSACTIONS WHEREAS, the City's Malburg Generating Station has commenced 1commercial operation; and WHEREAS, the City is in the process of developing an approximate 600 MW Combined Cycle Power Plant for the purpose of installing additional generating capacity; and WHEREAS, the City has constructed a natural gas distribution system to distribute gas on a retail basis to customers throughout the City; and WHEREAS, the City needs to appoint a lead underwriter and investment banker for natural gas pre -payment transactions in an amount not to exceed $750 million for the City's Light & Power and Gas Departments and potentially negotiate with junior underwriters to join the underwriting and banking syndicate (collectively, the "Gas Supplier/Prepayment Counterparty Syndicate"); and WHEREAS, the City desires to appoint Citigroup to act as its lead underwriter and investment banker in the Gas Supplier/Prepayment Counterparty Syndicate, authorize the City Attorney to negotiate an agreement with Citigroup and to negotiate, as needed, with institutions to provide additional underwriter and gas supplier services relating to the Gas Supplier/Prepayment Counterparty Syndicate. 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 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 (land correct. SECTION 2: The City Council of the City of Vernon hereby appoints Citigroup to act as its lead underwriter, gas supplier and investment banker in the Gas Supplier/Prepayment Counterparty Syndicate, authorizes the City Attorney, or his designee, to take all steps necessary and appropriate to negotiate an agreement with Citigroup to provide such services to the City, and authorizes the City Attorney, or his designee, to take all steps necessary and appropriate to negotiate an agreement, as needed, with junior underwriters to join the Gas Supplier/Prepayment Counterparty Syndicate. Once the negotiations have been completed, the City Attorney shall submit the final agreements to the City Council for its approval. SECTION 3: The Acting 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 1"t day of February, 2006. ATTEST : l BRUC4 V. MqLKENHORST, JR. %cting y Clerk EONIS C. MA BURG, Mayor - 2 - 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8966, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, February 1, 2006, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BR E . MALKENHORST, JR. Acting City Clerk - 3 -