HomeMy WebLinkAboutRESO 9155Resolution No 9155
Resolution of the Council of the City of Palo Alto Approving
Amendments to Three Geothermal Generating Project
Agreements Pertaining to Turlock Irrigation District's
Withdrawal from Membership in the Northern California
Power Agency
WHEREAS, the Turlock Irrigation District ("TID") has provided the required two-
years' notice oftennination of membership in the Northern California Power Agency ("NCP A")
in accordance with the Joint Powers Agreement, as amended ("JP A"), and the NCP A
Commission has determined that TID's withdrawal shall be effective as of April 1, 2011; and
WHEREAS, TID's termination of membership under the JPA will affect the rights
and obligations under various agreements of TID, NCP A members and NCP A, and thus will
require those agreements to be terminated or amended; and
WHEREAS, under the JP A, a member is obligated to pay its pro-rata share of all
debts, liabilities and obligations of NCP A as of the effective date of termination as a condition
precedent to such member's withdrawal from membership; and
WHEREAS, TID and NCP A have identified the agreements to be tenninated or
amended, and the parties have reached agreement on and settled their respective claims; and
WHEREAS, as of February 24, 2011, the NCPA Commission approved the
following agreements that NCP A members, including Palo Alto, are now required to approve by
action of their governing bodies:
follows:
1. Amendment Number Two to Agreement for Construction, Operation and
Financing of Geothermal Generating Project Number 3;
2. Amended and Restated Geothermal Project Operating Agreement Between
Northern California Power Agency and the Geothennal Project Participants; and
3. Amendment Number One to Northern California Power Agency Facilities
Agreement.
NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as
SECTION 1. The Council hereby approves and authorizes the City Manager on
behalf of the City of Palo Alto to execute the following contracts: (1) Amendment Number Two
to Agreement For Construction, Operation And Financing Of Geothennal Generating Project
Number 3; (2) Amended And Restated Geothennal Project Operating Agreement Between
Northern California Power Agency And The Geothermal Project Participants; and (3)
Amendment Number One To Northern California Power Agency Facilities Agreement.
SECTION 2. The Council finds that the adoption of this resolution does not meet
the definition of a project under Section 21065 of the California Environmental Quality Act and,
therefore, no environmental assessment is required.
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