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HomeMy Public PortalAbout053-2007 - Authorizing Power Sales - IMPA - RP&LCITY ORDINANCE NO. 53-2007 An Ordinance of the City of Richmond, authorizing the execution and delivery of the Second Amendatory Agreement to the Power Sales Contract between Indiana Municipal Power Agency and the City of Richmond, and other matters connected therewith. WHEREAS, the City of Richmond (the "Member") is a municipality owning and operating on January 1, 1980, an electric utility which furnished electric service to the public and purchased electric power from public utilities; and WHEREAS, the Member is required by law to provide its customers with an adequate, reliable and economic supply of electric power and energy, but has determined that individually it is not financially capable of providing the planning, financing, locating and building of needed new facilities for generation and transmission to satisfy future requirements of its customers; and WHEREAS, based upon its obligations to serve its customers, and the above considerations, the Member determined that it was in its best interest to join with other municipalities in the State of Indiana as a member of the Indiana Municipal Power Agency (the "Agency") for the purpose of undertaking the planning, financing, ownership and operation of a project or projects to supply electric power and energy for its needs; and WHEREAS, the Agency and the Member entered into, and have carried out their respective obligations under, the Contract Creating the Agency and Power Sales Contract, as heretofore amended and supplemented (collectively, the "Original Contracts"), each between the Member and the Agency, attached hereto and made a part hereof, and WHEREAS, under the Power Sales Contract the Agency agreed to sell and deliver to the Member, and the Member agreed to purchase and receive from the Agency, all electric power and energy which the Member required for the operation of its municipal electric system for a term expiring April 1, 2032; and WHEREAS, the Agency is acquiring ownership of new power supply resources that will require the issuance of debt with a long-term (at least 30 years) amortization of debt service and associated costs to provide the most economic and reliable power supply to the Member and other members of the Agency; and WHEREAS, it is in the best interests of the Agency and the Member to enter into the Second Amendatory Agreement to the Power Sales Contract between the Agency and the Member (the "Amendment"), to establish a term beginning July 16, 2007 through April 1, 2042 to allow the Agency to issue new debt with a long-term amortization that would extend beyond the current term of the Power Sales Contract; and WHEREAS, the Original Contracts and the Amendment, marked as Exhibit A, are attached hereto, incorporated herein by reference and two (2) copies of each are on file in the office of the City Clerk for public inspection pursuant to IC 36-1-5-4; and WHEREAS, Member desires to amend the Power Sales Contract to extend the term in the manner described above. WHEREAS, representatives of the Member have reviewed the Original Contracts and the Amendment and have obtained independent advice and counsel with respect thereto where appropriate and the Member has had the opportunity to review the Original Contracts and the Amendment with the Agency; and WHEREAS, based upon the foregoing facts, the Member by this Ordinance hereby finds and determines to ratify the Original Contracts and approve the Amendment. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE MEMBER: Section 1. The findings and determinations set forth in the preambles to this Ordinance are hereby made findings and determinations of the Member. Section 2. By this Ordinance, the entry of the Member into the Original Contracts and its performance of the terms and conditions thereof are hereby ratified and confirmed. The Member is authorized pursuant to this Ordinance (a) to enter into the Amendment in substantially the form attached hereto as Exhibit A, and (b) to be bound by the terms and conditions of the Original Contracts as supplemented and amended by the Amendment, as further supplemented from time to time, the By -Laws of the Agency and such other lawful actions as may be heretofore have been taken by the Board of Commissioners of the Agency. Section 3. By this Ordinance, the Mayor of the City of Richmond is hereby authorized and directed to execute and deliver, and the City Clerk is hereby authorized to attest and seal, the Amendment. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 7. This Ordinance shall be in full force and effect from and after its passage. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this 16th day of _July , 2007. CITY OF RICHMOND, INDIANA By_S/S Diana J. Pappin President, Common Council ATTEST: _S/S Karen Chasteen City Clerk (SEAL) Presented by me, the undersigned City Clerk of the City of Richmond, to the Mayor of the City of Richmond for his/her approval on this 17th day of _July , at •� S/S Karen Chasteen City Clerk Approved by the undersigned Mayor of the City of Richmond, this _17th _ day of _July , _2007 S/S Sarah L. Hutton Mayor, City of Richmond