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Resolution No. 94101 RESOLUTION NO. 9410 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 VERNON AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE AND ENTER INTO EXCLUSIVE AGREEMENTS WITH 4 ANY THIRD PARTY RESPECTING THE POTENTIAL PURCHASE OF ANY CITY ASSET 5 6 WHEREAS, the City of Vernon (the "City") is a municipal 7 corporation and a chartered city of the State of California organized 8 and existing under its Charter and the Constitution of the State of 9 California; and 10 WHEREAS, the City is in the process of evaluating potential 11 transactions regarding the City's 134 MW Malburg Generation Station 12 and associated real and personal assets owned by the City, including 13 Power Purchase Agreements, transmission assets and rights and 14 generation assets (the "Project"); and 15 WHEREAS, the City needs to negotiate and enter into 16 exclusive agreements with third parties respecting the potential 17 purchase of any City asset respecting the Project; and 18 WHEREAS, the City desires to authorize the City 1g Administrator to negotiate and enter into such exclusive agreements 20 with third parties. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 22 CITY OF VERNON AS FOLLOWS: 23 SECTION 1: The City Council of the City of Vernon hereby 24 finds and determines that the recitals contained hereinabove are true 25 and correct. 26 SECTION 2: The City Council of the City of Vernon hereby 27 authorizes the City Administrator, or his designee, to take all steps 28 necessary and appropriate to negotiate and enter into exclusive City 1 2 3 4 5 6 7 8 9 10 111 121 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 agreements with third parties respecting the potential purchase of any asset relating to the Project. SECTION 3: 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 4th day of September, 2007. AIEST : MANUELA GIRO ity Clerk Name: Leonis C. Malburg Title: Mayor / - 2 - 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No. 9410, was 6 duly adopted by the City Council of the City of Vernon at a regular 7 meeting of the City Council duly held on Tuesday, September 4, 2007, 8 and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the 9 City of Vernon. 9 10 11 MANUELA IRON, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - SUPPORTING DOCUMENTS CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: September 12, 2007 TO: Donal O'Callaghan, Director of Light & Power FROM: Nelly Giron, City Clerk RE: Resolution No. 9410 - A Resolution of the City Council of the City of Vernon Authorizing the City Administrator to Negotiate and Enter into Exclusive Agreements with Any Third Party Respecting the Potential Purchase of Any City Asset Transmitted herewith is a signed copy of Resolution No. 9410, referenced above, which was approved by City Council on September 4, 2007. NG:dr c: Sharon Duckworth Resolution No. 9410