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HomeMy WebLinkAbout30-77 . . e -rrI' 1r.77 Jl ~ . u_ ft.)L77 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. .. "'" ~ "'- : ....__.....~....I. r ' """-.-...._~.. . #",...... ... ' ...... ., ~",i" "'. ,. --.... .--,~ ...... -'" "- ~~TT~~T: . J:-: ~~.t!<~/~ arian C. Parrish, City Clerk ~~~aci2h MAYOR .. .; ""::':'" ....-;.~ ~ 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 , . -..... ~:...-- ,.... 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, . 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." 2 ~ _'.....-:; L . ... 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 .... , ~...6"-- " ,- "" .... ........... ........ /., -. ~ " -- .:" :' .... Title .. ..J ~\.. '- . ~(SEALj ..,. ..... - ". /..... ,...~ .. ... '., ~~.. ........ . ." " By .Title Cf1"""7ui ATTEST: By~e~ . Title &f ~ 3