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RESOLUTION NO. ":::UJ -77
A RESOLUTION authorizing the execution of
an amendment to the power sales contract
with the United States of Americ~, Depart-
ment of Energy, acting by and through the
Bonneville Power Administrator, relating
to changing the period for the adjustment
of wholesale power rates.
WHEREAS, the City of Port Angeles, a municipal corporation
of the State of Washington (hereinafter referred to as the "City"),
is authorized by law to purchase electric power and sell such to its
consumers; and
tiHEREAS, the United States of America, Department of
Energy, acting by and through the Bonneville Power Administrator
(Bonneville) has requested the City to amend its power sales con-
tract (Contract No. l4-03-59315)to change the existing five-year
rate adjustment period to an annual rate adjustment period; now
therefore
IT IS HEREBY .RESOLVED:
The Mayor and City Manager of the City are hereby author-
ized and directed, on behalf of the City, to execute with Bonneville
Amendment No. 2 to Contract No. 14-03-59315 draft of October 5, 1977,
a copy of which is attached hereto and by this reference incorpor-
ated herein.
ADOPTED by the Council of the City of Port Angeles this
23rd day of November, 1977.
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arian C. Parrish, City Clerk
~~~aci2h
MAYOR
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Amendatory Agreement No. 2 to
Contract No. 14-03-59315
10-5-77
AMENDATORY AGEEEMENf
,
executed by the
UNITED STATES OF AMERICA
DEPARlMENf OF Ei\TERGY
acting by and ~hrough the
BONNEVILLE POWER AmnNISTRATOR
and
CITY OF PORT ANGELES, WASHINGTON .
This AMENDATORY AGREEHENf, executed
, 1977, by the
UNITED STATES OF AHERICA (Government), Department of Energy, acting by and
through the BO~ILLE POWER An\UNISTRATOR (Administrator), and ClIT OF
PORT ANGELES, WASHINGTON, (Purchaser), a IT\lll1icipal corporation of the State
of Washington,
WITNESSETH:
l~REAS the parties hereto executed a power sales contract (Contract
No. 14-03-59315, which as amended is hereinafter referred to as '.'Power Sales
Contrace') providing for the sale and delivery of finn pOHer and energy to
the Purchaser; and
WHEREAS the parties hereto have detennined that in order to develop
,.,rho1esale power rates in an orderly and efficient manner, it is necessary to
modify provisions of section l4(a) of the Gen~ra1 Crnltract Provisions attached
. to the Po,,'er Sales Contract to ultimately allow an arumal review of the power
rates; and
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WHEREAS the Administrator is authorized pursuant to law to dispose of
electric power and energy generated at various Federal hydroelectric projects
in the Pacific Northwest, or acquired from other resources, and to enter into
related agreements;
N~~, THEREFORE, the parties 'hereto mutually agree as follows:
1. Effective Date of Agreement. This amendatory agreement shall be
.
effective as of 2400 hours on the date of execution.
2. J\mencDnent of Power Sales Contract. The General Contract Provisions
,
attached to the Power Sales Contract are hereby amended by deleting section 14(a)
and substituting the following:
"ea) As used in this section, the words 'Rate Adjustment Date'
shall mean December 20, 1979, and December 20 of each fifth year thereafter;
provided, however, that after contract purchasers representing not less
than 80 percent of all the Administrator's then outstanding prnier sales
contracts have agreed to a g~neral contract provision substantially in
the form of this section 14(a), the words IRate Adjustment Date' shall
mean December 20, 1979 or July 1, 1980; and any July 1 after July 1, 1980,
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as specffied by the Administrator; provided, further, that an equitable
adjustment of rates shall occur not less frequently~than once every five
years, and that the Administrator shall as soon as feasible, but in no
event less than 90 days prior.to the date of filing of any proposed rate
schedule or schedules with the agency designated by the Secretary of the
Department of Energy to confinn and approve the Government T s schedules of
rates and charges for electric energy, notify the Purchaser of his intention
to file such proposed schedule or schedules together with the detail con-
cenung such schedule or schedules as is then available."
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If the definition of URate Adjustment Daten providing for the equitable
adjustment of rates at appropriate intervals, not less frequently than once in
every five years, as incorporated subsequent to the effective date hereof in
any new or amended power sales contract with the Administrator's customers
'varies from the revised definition of "Rate Adjustment Date" specified above,
the Administrator will offer to amend this .contract to incorporate such
definition incorporated in any such pmver sales contract.
IN WITNESS hHEREOF, the parties hereto have executed this amendatory
agreement in several counterparts.
UNITED STATES OF AMERICA
Department of Energy
By
BOlmeville Power Administrator
CITY OF PORT ANGELES, WASHINGTON
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