HomeMy WebLinkAboutResolution 2004-144 N.C.S. 08/16/2004 Resolution No.2004-144 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH ABAG
POWER TO WIND UP ELECTRIC PROGRAM
WHEREAS, the City of Petaluma was a member of the ABAG Power Electric
Aggregation Program; and,
WHEREAS, as a result of the California energy crisis, the ABAG Power Electric
Aggregation Program was suspended on June 30, 2001; and,
WHEREAS, at the time of the Electric Aggregation Program's suspension, ABAG
Power retained certain funds from its members, including the City of Petaluma, to cover
potential operating expenses, as well as program wind up costs; and,
WHEREAS, ABAG Power filed a claim in the PG&E bankruptcy case on behalf of
Electric Program members to recover funds associated with Direct Access credits that PG&E had
refused to pay in the months leading up to its bankruptcy filing; and,
WHEREAS, ABAG Power has reached a settlement with PG&E; and,
WHEREAS, ABAG Power has received authorization from its Board of Directors to
wind up the program and distribute remaining funds to members, while at the same time passing
any remaining risks to members as well.
NOW, THEREFORE, BE IT RESOLVED by the Petaluma City Council that:
1. The City Manager is authorized to execute a Wind Up Agreement with ABAG
Power, subject to the review and approval of the City Attorney.
2. This resolution. shall. become effective immediately.
Resolution No. 2004-144 N.C.S.
3. All portions of this resolution are severable. Should any individual component of this
resolution be adjudged to be invalid and unenforceable by a body of competent
jurisdiction, then the remaining resolution portions shall be and continue in full force
and effect, except as to those resolution portions that have been adjudge invalid. The
City Council of the City of Petaluma hereby declares that it would have adopted this
resolution and each section, subsection, clause, sentence, phrase and other portion
thereof, irrespective of the fact that one or more section subsection, clause sentence,
phrase or other portion maybe held invalid or unconstitutional.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting ~ r
on the ........J.bci day of .......E~ug11sL.................................., 20Q.4.., by the
following vote:
?ty Attorney
AYES: Mayor Glass, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt
NOES: None
ABSENT: Harri QQ '
1
ATTEST: ~~/I~(/I;tI;C/!v............................ ~i'~
City Cle k Mayor
Council File
Res. No......20OA-1.4A..........N.C.S.