HomeMy WebLinkAboutReso. 1988-318 - Resolution approving and authorizing execution of amendment no. 1 to project agreement no.2 for the california-oregon transmission project R411
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RESOLUTION NO. g2 -5/8.
RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF AMENDMENT NO. 1 TO
PROJECT AGREEMENT NO. 2 FOR THE
CALIFORNIA-OREGON TRANSMISSION PROJECT
WHEREAS, the City of Redding has entered into that
certain Project Agreement No . 2 for the California-Oregon
Transmission Project (the "Agreement" ) dated as of
September 30, 1985, with the Transmission Agency of Northern
California ("TANC") and the other members of TANC; and
WHEREAS, this City and the other parties to the
Agreement desire to amend the Agreement as provided in the
Transmission Agency of Northern California Project Agreement
No . 2 for the California-Oregon Transmission Project Amendment
No . 1 (the "Project Agreement Amendment" ) ;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF REDDING as follows :
Section 1. The City, having participated in the
preparation and review of the Draft Environmental Impact Report
for the California-Oregon Transmission Project (the "Project" )
and having reviewed the Final Environmental Impact Report for
the Project does hereby approve the Final Environmental Impact
Report for the Project ; adopt the findings made by TANC as lead
agency under the California Environmental Quality Act ("CEQA" ) ;
and approve the Project for purposes of CEQA.
Section 2 . The Project Agreement Amendment, in
substantially the form submitted to this meeting and made a
part hereof as though set forth in full herein, be and the same
• •
is hereby approved . The Mayor is hereby authorized and
directed to execute and deliver the Project Agreement Amendment
in the form presented to this meeting with such changes ,
insertions and omissions as may be approved by the Mayor , said
execution being conclusive evidence of such approval .
Section 3 . The Mayor and each other proper officer
of the City, acting singly, is authorized and directed to
execute and deliver any and all documents and instruments , and
to do and cause to be done any and all acts and things ,
necessary or proper for carrying out the transactions
contemplated by the Project Agreement Amendment and by this
resolution.
Section 4 . This resolution shall take effect
immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 6th day of September , 1988 , and
was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS : Buffum, Carter, Dahl, Fulton, & Johannessen
NOES: COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS : None
ABSTAIN: COUNCIL MEMBERS: None
' ;e/
K�MAUR'ICE PJOHANNESSEN, Mayor
City of Redding
ATTEST: FORM PPROVED:
".7:0'44.4e,
ETHEL A. N CHOLS RAMDALL A. HAYS , ity Attorney
City Clerk
2
a 410
EXECUTION COPY
TRANSMISSION AGENCY OF
NORTHERN CALIFORNIA
PROJECT AGREEMENT NO. 2
FOR THE
CALIFORNIA-OREGON TRANSMISSION PROJECT
AMENDMENT NO. 1
TRANSMISSION AGENCY OF NORTHERN CALIFORNIA
PROJECT AGREEMENT NO. 2
FOR THE
CALIFORNIA-OREGON TRANSMISSION PROJECT
AMENDMENT NO. 1
AMONG
THE TRANSMISSION AGENCY OF NORTHERN CALIFORNIA
THE CITY OF ALAMEDA
THE CITY OF BIGGS
THE CITY OF GRIDLEY
THE CITY OF HEALDSBURG
THE CITY OF LODI
THE CITY OF LOMPOC
THE MODESTO IRRIGATION DISTRICT
THE CITY OF PALO ALTO
THE PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE
THE CITY OF REDDING
THE CITY OF ROSEVILLE
THE SACRAMENTO MUNICIPAL UTILITY DISTRICT
THE CITY OF SANTA CLARA
THE TURLOCK IRRIGATION DISTRICT
THE CITY OF UKIAH
• 410
PREAMBLE
This Amendment No. 1 is made and entered into as of
, by and among the Transmission Agency of
Ncrthern California, hereinafter referred to as "TANC" ; the
Cities of Alameda, Biggs, Gridley, Healdsburg, Lodi , Lompoc, Palo
Alto, Redding, Roseville, Santa Clara, and Ukiah; the Sacramento
Municipal Utility District ; the Modesto Irrigation District; the
Turlock Irrigation District; and the Plumas-Sierra Rural Electric
Cooperative; hereinafter collectively referred to as "Members"
and individually as "Member" , for the purpose of amending the
September 30 , 1985, "Transmission Agency of Northern California
Project Agreement No. 2 for the California-Oregon Transmission
Project" among the same parties, hereinafter referred to as
"Project Agreement No. 2" .
RECITALS
WHEREAS:
A. On December 10, 1984, TANC was duly established as a
joint powers agency, pursuant to Section 6500 et seq. of the
California Government Code, by an agreement among the Members
entitled "Joint Powers Agreement, Transmission Agency of Northern
California" ; and
B. TANC, in its own name, or for the benefit of its
Members, has the power to acquire by purchase, or eminent domain,
construct, finance, operate and maintain facilities for electric
power transmission including, without limitation, the power to
purchase, lease, operate, develop, contract for, or own, new or
upgraded transmission lines, and facilities for the benefit of
the Members; and
C. Each Member of TANC owns and operates a system for the
distribution of electric power and energy, and is authorized to
obtain transmission facilities or rights to transmission transfer
-1- Amendment No. 1
Project Agreement No. 2
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capability for its present or future requirements, through
ccntracts with TANC or otherwise; and
D. TANC, on behalf of its Members, executed the
December 19, 1984 , "Memorandum of Understanding, California-
Oregon Transmission Project, " among certain California entities
and the Western Area Power Administration, which sets forth
principles for the development of the California-Oregon
Transmission Project including the designation of TANC as Project
Manager ; and
E. The Members of TANC entered into the June 19, 1985,
"Project Agreement" for the purposes of issuing and selling a
promissory note for financing studies and other preliminary costs
to be incurred prior to making a decision, after environmental
and other review, of whether to undertake construction of the
California-Oregon Transmission Project; and
F. The Members of TANC entered into the September 30, 1985,
"Transmission Agency of Northern California Project Agreement
No. 2 for the California-Oregon Transmission Project" for the
purpose of refinancing the promissory note and to finance certain
feasibility and planning studies, and to provide for TANC' s share
of the costs for Project Development Work for the California-
Oregon Transmission Project; and
G. TANC, on behalf of its Members, executed the
September 30, 1985, "California-Oregon Transmission Project
Development Agreement" for the purpose of completing required
activities such as obtaining approvals, certificates, licenses
and permits as required by law and regulation before undertaking
construction of the Project; and
H. TANC, on behalf of its Members, entered into the
Memorandum of Understanding Annex dated February 6, 1986, with
the initial Participants and additional non-federal public
entities which allocated a 3 .125 percent Project entitlement
among the additional Participants and re-allocated the remaining
entitlement among the initial Participants; and
-2- Amendment No. 1
Project Agreement No. 2
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I . On January 20, 1988, TANC certified the Final
Environmental Impact Report for the California-Oregon
Transmission Project , the Los Banos-Gates Transmission Project ,
and the Pacific Northwest Reinforcement Project, made findings
pursuant to the California Environmental Quality Act, and
approved the California-Oregon Transmission Project; and
J. Each Member executing this Amendment No. 1 has
participated in the preparation and review of the Draft
Environmental Impact Report and has reviewed and approved the
Final Environmental Impact Report for the California-Oregon
Transmission Project and adopted the findings made by TANC as
lead agency for the California-Oregon Transmission Project; and
K. The Members of TANC have approved the California-Oregon
Transmission Project for the purposes of the California
Environmental Quality Act and desire to authorize TANC to
undertake additional work in the California-Oregon Transmission
Project beyond planning and feasibility studies.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions set forth in this Amendment No. 1, TAMC and the
Members agree as follows:
1 . Except as modified herein, all capitalized terms used in
this Amendment No. 1 shall have the same meaning as set forth in
Project Agreement No. 2 .
1 . 1 Section 1 . 1 of Project Agreement No. 2 is amended
to read as follows:
"1 . 1 Agreement - This Project Agreement No. 2
among the Members and TANC, as amended and supplemented
from time to time in accordance with the terms hereof . "
1 . 2 Project Agreement No. 2 is amended by adding a new
Section 1. 24 which reads as follows:
-3- Amendment No. 1
Project Agreement No. 2
• • .
"1 . 24 Acquisition and Construction Work - Any
work necessary or useful for acquisition and
construction of the Project , including any land or
rights in land in connection therewith; and, in
addition, that work to be done pursuant to or in the
negotiation of Intertie Agreements for : management and
administrative services; economic, legal , engineering,
and other activities; and services which may be
necessary or convenient in connection with Intertie
Agreements. "
1 . 3 Section 1 . 9 of the Project Agreement No. 2 is
amended to read as follows:
"1 .9 Intertie Agreements - Agreements related to
the Project which have been or which may be entered
into by the Participants, including TANC, which
include, but are not limited to, the MOU, the Interim
Cost Sharing Agreement , the Project Development
Agreement, any amendments to the foregoing agreements,
and other agreements related to the Project entered
into by TANC as Project Manager or by TANC on behalf of
the Members. "
2 . Section 2 .1 of Project Agreement No. 2 is amended to
read as follows:
"2 .1 Scope - TANC is hereby authorized and directed to
act on behalf of the Members in activities related to
Phase I and Phase II of the Project as a Participant and as
Project Manager pursuant to the Intertie Agreements, subject
to procedures for Member approval and authorization
established by the TANC Commission pursuant to this
Agreement and the Joint Powers Agreement . "
-4- Amendment No. 1
Project Agreement No. 2
•
3 . Section 2. 2 . 2 of Project Agreement No. 2 is amended to
read as follows :
"2 . 2 . 2 Phase II shall consist of Acquisition and
Construction Work . "
4 . Section 2 . 3 of Project Agreement No. 2 is amended to
read as follows:
"2 . 3 Participation - Pursuant to Paragraph 15 of the
Joint Powers Agreement , the Members executing this Agreement
have each elected to participate in Phase I in the
Participation Percentages set forth in Appendix C, as
Appendix C may be amended, and to participate in Phase II in
those same Participation Percentages to the extent of
amounts available from Phase I Indebtedness; provided,
however that such election to participate in Phase II shall
not constitute an election to take a Participation
Percentage for purposes of Section 5.1. "
5 . The introduction to Section 3. 2 of Project Agreement
No. 2 is amended to read as follows:
"3. 2 Specific Duties and Responsibilities - TANC,
through its Commission, shall perform all duties appropriate
for the implementation of Phase I and Phase II of the
Project, subject to the terms hereof, including but not
limited to: "
6 . Section 3 . 2. 5 of Project Agreement No. 2 shall not apply
to Phase II .
7 . Section 4 . 1 .6 of Project Agreement No. 2 is amended by
adding a new Section 4. 1 .6 . 3 which reads as follows:
"4 . 1 .6.3 Acquisition and Construction Work. "
-5- Amendment No. 1
Project Agreement No. 2
• 411
8. Project Agreement No. 2 is amended by adding a new
Section 4 . 1 . 8 which reads as follows:
"4 . 1 . 8 Each Member severally agrees that the
obligations and covenants set forth in Section 4. 1 shall
extend to Phase II to the extent that any Phase II work is
undertaken pursuant to this Agreement . "
9 . Project Agreement No. 2 is amended by adding a new
Section 4 . 1 . 9 which reads as follows:
"4 . 1 .9 Phase I Indebtedness, as defined in Section
4 . 1 . 5 . 1, shall be limited to a principal amount not to
exceed $26,800, 000. "
10 . Project Agreement No. 2 is amended by adding a new
Section 4 . 1 . 10 which reads as follows:
"4 . 1 .10 All expenditures by TANC pursuant to this
Agreement shall be in accordance with the budgets approved
by the TANC Commission. "
11. Except as modified herein, all provisions of Project
Agreement No. 2 shall remain in full force and effect.
12 . To the extent permitted by law, each Member agrees that
it shall , promptly after executing this Amendment No. 1, take all
actions as are reasonably necessary to amend existing
authorizations or financing ordinances in order to permit the use
of Phase I Indebtedness for Acquisition and Construction Work .
13 . This Amendment No. 1 may be executed in several
counterparts, each of which shall be deemed to be an original and
all of which, when taken together, shall constitute a single
agreement .
-6- Amendment No. 1
Project Agreement No. 2
•
IN WITNESS WHEREOF, the Parties have executed this Amendment
No. 1 as of the date first written above.
CITY OF ALAMEDA
By
And
Address
CITY OF BIGGS
By
And
Address
CITY OF GRIDLEY
By
And
Address
CITY OF HEALDSBURG
By
And
Address
CITY OF LODI
By
And
Address
-7- Amendment No. 1
Project Agreement No. 2
{ • •
CITY OF LOMPOC
By
And
Address
MODESTO IRRIGATION DISTRICT
By
And
Address
CITY OF PALO ALTO
By
And
Address
CITY OF REDDING
By
And
Address
CITY OF ROSEVILLE
By
And
Address
SACRAMENTO MUNICIPAL UTILITY DISTRICT
By
And
Address
-8- Amendment No. 1
Project Agreement No. 2
•
CITY OF SANTA CLARA
By
And
Address
TURLOCK IRRIGATION DISTRICT
By
And
Address
CITY OF UKIAH
By
And
Address
PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE
By
And
Address
TRANSMISSION AGENCY OF NORTHERN CALIFORNIA
By
And
Address P. 0. Box 661030
Sacramento, CA 95866
-9- Amendment No. 1
Project Agreement No. 2
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