HomeMy WebLinkAboutRES 2005-34 - Board TRUCKEE DONNER
Public Utility District
Resolution No. 2005 - 34
AUTHORIZING THE EXECUTION AND DELIVERY OF A POWER SUPPLY
AGREEMENT WITH UTAH ASSOCIATED MUNICIPAL POWER SYSTEMS;
AND RELATED MATTERS.
WHEREAS, Truckee Donner Public Utility District, California (the "Member) owns and
operates a utility system for the provision of electric energy to its residents and others (the
"System) and is a member of Utah Associated Municipal Power Systems ("UAMPS) pursuant to
the provisions of the Utah Associated Municipal Power Systems Amended and Restated
Agreement for Joint and Cooperative Action dated as of February 17, 1999, as amended (the
"Joint Action Agreement);
WHEREAS, the Member desires to purchase all or a portion of its requirements for electric
power and energy from or through UAMPS and has entered into a Power Pooling Agreement with
UAMPS to provide for the efficient and economic utilization of its power supply resources;
WHEREAS, firm transactions may be advantageously utilized by the Member to manage
costs of acquiring bulk supplies of electric power and energy to meet the requirements of the
consumers served by the System and UAMPS has offered to enter into a Master Firm Power
Supply Agreement (the "Power Supply Agreement) with the Member pursuant to which UAMPS
and the Member may from time to time enter into various firm transactions for the purchase and
sale of firm supplies of electric power and energy; and
WHEREAS, the Member now desires to authorize and approve the Power Supply
Agreement and to delegate authority to the Member's Representative to UAMPS (the "Member
Representative') to enter into firm power supply transactions from time to time with UAMPS
thereunder, subject to the parameters set forth in this Resolution;
NOW, THEREFORE, BE IT RESOLVED by the Board of Truckee Donner Public Utility
District as follows:
Section 1. Execution, Delivery and Filing of the Power Supply Agreement The Power
Supply Agreement, in substantially the form presented at the meeting at which this resolution is
adopted, is hereby authorized and approved, and the President is hereby authorized, empowered
and directed to execute and deliver the Power Supply Agreement on behalf of the Member, and
the District Clerk is hereby authorized, empowered and directed to attest, countersign and affix the
corporate seal of the Member to the Power Supply Agreement, with such changes to the Power
Supply Agreement from the form attached hereto as are approved by the President, his execution
thereof to constitute conclusive evidence of such approval. Promptly upon its execution, the Power
Supply Agreement shall be filed in the official records of the Member.
2 Resolution 2005- 34
Section 2. Authorization of Transactions and Transaction Schedules. The Member
Representative is hereby authorized to enter into one or more Transactions with UAMPS pursuant
to the provisions of the Power Supply Agreement and to execute on behalf of the Member one or
more Transaction Schedules reflecting such Transactions. This authorization shall extend to all
Transactions which, in the aggregate, (1) provide a quantity of electric power energy that does not
exceed the Member's anticipated requirements for the period covered by the Transaction or
Transactions (such anticipated requirements being as determined by the Member Representative
based upon the operating history of the System) and (ii) are reasonably anticipated to require
payments by the Member in each year not exceeding the budgeted power supply costs of the
System for the fiscal year in which such Transaction or Transactions are entered into by the
Member. All other Transactions shall require the prior approval of the Board,
Section 3. Other Actions with Respect to the Joint Action Agreement The President,
District Clerk, the Member Representative and other officers and employees of the Member shall
take all actions necessary or reasonably required to carry out, give effect to, and consummate the
transactions contemplated hereby and shall take all actions necessary to carry out the execution
and delivery of the Power Supply Agreement and the performance thereof.
Section 4. Miscellaneous; Effective Date. (a) All previous acts and resolutions in conflict
with this resolution or any pad hereof are hereby repealed to the extent of such conflict.
(b) In case any provision in this resolution shall be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
(c) This resolution shall take effect immediately upon its adoption and approval.
ADOPTED AND APPROVED this seventh day of December 2005.
AYES: Directors Aguera, Hemig, Sutton and Thomason
NOES: None
ABSTAIN: None
ABSENT: Director Taylor
TRU7 D �ER PUBLI UTILITY DISTRICT
Ro a ig, TDresiaedt
ATTEST: [SEAL]
Peter L. Holzmeister, District Clerk
2 Resolution 2005- 34