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HomeMy WebLinkAboutResolution 6817 N.C.S. 02/03/1975 p 0 1 11 2 1 v ll: !ulr i l l v- o ml ��� T:RODU„_ED B f III I Ik .n ' mr UN SA ' ^ONDED BY COUNCILMAN ul III41N141 � h I N C Y CO �'Nldl ui� �V Ilh I 1 -� i tobe'rt E Dal I I v • • Robert A. Brunner • II CITY COUNCIL • „ IL. OF THE 46 • CITY OF PETALU_MA • � Y RESOLUTION NO. 6817 N.C.S. RATIFYING SIGNING OF CONTRACT WITH SONOMA COUNTY WATER AGENCY AND AUTHORIZING SIGNING OF SUPPLEMENT TO SAID CONTRACT. WHEREAS, this City Council by Resolution No. 6683, • . adopted August 19, 1974, duly authorized the execution of a contract entitled "Agreement for Water Supply and Construction . of Russian River- Cotati Intertie Project" between the City of Cotati, City of 'Petaluma, of Rohnert Park, City of Santa Rosa, City of Sonoma, Forestville County Water District, North Marin County Water District and Valley of the Moon County Water District (herein collectively called the "Water Contractors ") and Sonoma County Water Agency (herein called the "Agency "); • WHEREAS; said contract was signed by all parties thereto on or about October 25,'1974 and became effective on • that date; WHEREAS, on October 17, 1974 the State of California, State Water Resources'Control Board, issued Order No. WR 74 -30, which order among other things amends existing permits and provides for the issuance of new permits which permits taken to- gether limit the right of the Agency to divert water from the Russian River to 92 cubic feet per second and to a total annual diversion - -of 37,544- acre -feet per water year; WHERES, under ? permits the Agency will not be able -- to deliver - the - full - ::mounts of water contracted to be delivered by it. pursuant to said contract during the term of said contract; • a�e -tee .7e� 3 a 6 - (.42/ / WHEREAS, the Agency is using its best efforts to obtain entitlements to divert additional water from the Russian River; WHEREAS, the Agency's water distribution system is now being utilized to capacity, and the construction of said initial features of the Russian River - Cotati Intertie - pursuant to section 2.2 of said contract will expand the capacity of the Agency's water distribution system and will enable the Agency to deliver additional water within the en- titlements now held by it and will be of benefit to this City even if the Agency is unable to obtain entitlements to divert additional water from the Russian River; WHEREAS, there has been submitted to this City Council a proposed Supplement'to Agreement for Water Supply and Construction of Russian River - Cotati Intertie Project; and WHEREAS, this City Council desires to avoid any question as to the validity or enforceability of said con- tract resulting from the issuance of said Order No. WR 74 -30 and to provide further assurance to prospective purchasers of the revenue bonds of the Agency to be issued to finance the construction of the Russian River - Cotati Intertie Proj ect that this City proposes to make the payments required to be made by it pursuant to the terms and conditions of said • contract; NOW, THEREFORE, BE IT RESOLVED by this City Council of the City of Petaluma, as follows: 1. All of the recitals herei.l c.:r.taine5 are true and correct and this City Council so finds. 2. The action of the Mayor and the City Clerk of the City in signing said contract on October 25, 1974 . 2 • be and it is hereby ratified, confirmed and adopted as the action of the City of Petaluma. 3. The Mayor and the City -Clerk of the City be and they hereby are authorized and directed to execute a Supplement to Agreement for Water Supply and Construction of Russian River - Cotati Intertie Project in the form heretofore submitted to this City Council and hereby approved, with such changes as may be deemed by counsel- to the City to be 'necessary . and •as shall be approved by - s-add .Mayor and said City Clerk. PASSED AND ADOPTED this 3rd day of February 1975, by the following vote: AYES: Councilmen Brunner, Cavanagh, Daly, Harberson, Mattei, Perry, and Mayor Putnam. NOES: None. ABSENT: None. Mayor of the.City o Petaluma [SEAL] Attest: - a - Tcy--Cler / W of the City of Petaluma 3 I. CLERK'S CERTIF" CAT E Ilr I, Marjorie J. Wilson, City Clerk of the City Petaluma, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a Regular meeting of the City Council of said City duly and regularly held at the regular meeting, place thereof on the 3rd day of February , 1975, of which meeting all of the members ..of _said, City Council had due notice and at which • a majority thereof were present; and that at said meeting said resolution was adopted by the following vote: AYES: Councilmen Brunner, Cavanagh, Daly, Harberson, Mattel, Perry, and Mayor Putnam. NOES: None. • ABSENT: None. I further certify that I have carefully compared the same with the original minutes'of said meeting on file and of record in my office; that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. WITNESS my hand and the seal of the City of Petaluma this 4th day of Februar► 1975 . City .C' erk.. of th'°C;i -ty of Petaluma, Cali f,orri ate'. [Seal]