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Home My Public Portal About053-1982 - Amendmet of Power Sales Contract and Capacity Purchase with IMPAORDINANCE NO. 53-1982 AN ORDINANCE CONCERNING AMENDMENT OF THE POWER SALES CONTRACT AND THE CAPACITY PURCHASE AGREEMENT BETWEEN THE CITY OF RICHMOND AND THE INDIANA MUNICIPAL POWER AGENCY AND OTHER MATTERS CONNECTED THEREWITH. WHEREAS, the Indiana Municipal Power Agency ("IMPA") has advised the City through the City's representative on the Board of Commissioners of IMPA that the Power Sales Contract and Capacity Purchase Agree- ment between the City and IMPA should be amended since certain delays in obtaining the necessary arrangements and regulatory approvals make it impossible for those agreements to be practically effective by January 1, 1983; and WHEREAS, the City finds it necessary and desirable to amend those documents to provide for their effectuation by July 1, 1983 and to authorize its appropriate officials to take any actions necessary to accomplish those amendments; NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana that: Section 1. Section 3(a) of the Power Sales Contract is hereby amended by deleting the phrase "...commencing January 1, 1983 or such earlier date as shall be determined by the Agency upon thirty days notice to the Member..." and by inserting in its place the phrase "...commencing on a date to be specified in a manner determined by the Agency, but in any event commencing no later than July 1, 1983, ..." Section 2. Section 2(A) of theCapacity Purchase Agreement is hereby amended by deleting the phrase "Commencing January 1, 1983 or such earlier date as shall be determined by the Agency upon 30 days notice to the Member ..." and inserting in its place "Commencing on a date to be specified in a manner determined by the Agency, but in any event commencing no later than July 1, 1983 ..." Section 3. The Mayor and Clerk are hereby authorized and directed to take any action necessary to effectuate the amendments provided for herein. Section 4. This ordinance shall be in full force and effect as of its passage. PASSED and ADOPTED this F"{='day of t �. ;,_ _l�.: , 1982, by the Common Council of the City of Richmond, Indiana. I L,_a __� ATTJ� ST: President of the Common Council Jc- JoE'len Trimble, City Clerk PRESENTED to the Mayor of the City of Richmond, Indiana this day of ?._. c, z 1982. i City Clerk APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana this_.-'-,' ._ day of i !', ., , 1982. ATTEST.:- �Mai � JoEllen Trimble, City Clerk ICE MILLER DONAmo & RYAN HARRY T. ICE BERKLEY W. DUCK III JAMES V. DONADIO RALPH A. COHEN KENNETH FOSTER JACK R. SNYDER R STANLEY LAWTON CHARLES E. WILSON ALAN T. NOLAN BRUCE A. POLI20TTO ROBERT D. RISCH G. DANIEL KELLEY, JIM DONALD F ELLIOTT, JR. AR THUR P. KALlERES G EO FFREY SEGAR SAMUEL R. BORN LELAND B. CROSS, JR DAVID M. MATTINGLY DONALD G. SUTHERLAND JAMES R F15HER JIM A. O'N EAL MARGARET C. A. YOUNG GEORGE B. GAV IT MARTIN J. KLAPER EDWARD J. OHLEYER JAMES D. KEMPER ALAN H. LOSLEY RICHARD E. PARKER JOHN A. GRAYSON BRUCE A. CORDINGLEY LEONARD J. BETLEY HARRY L. GONSO JEROME M. STRAUSS COPY BRUNDAGE ROBERT D. McCORD PHILLIP R. SCALETTA JAMES S. TELFER BARTON T. SPRUNGER EVAN E. STEGER W. C. SLANTON WILLIAM R. RIGG5 SUSAN S. TABLER MICHAEL H. BOLOT MERLE H. MILLER DAVID N. BREWER OF COU NS[L Mr. Irving A. Huffman Richmond Power & Light P.O. Box 908 Richmond, IN 47374 111 MONUMENT CIRCLE (317) 635-1213 INDIANAPOLIS, INDIANA 48204 October 11, 1982 THOMAS H. RISTINE BRUCE J. RASCH DAVID J. MALLON, JR DEBRA J. FOCHTMAN WAYNE E. GRESHAM MICHAEL A. SLICKMAN CHARLES E. GREER JAN P. ABBS JAMES L. PETCRSEN J05EPH A. $CNENK JAM CS A. SHAHAHAN LISA A. STONE PHILIP C. GEMETOS MARY M. HOLD BYRON L. MYERS STEPHEN M. TERRELL JAMES S. CUNNING PHILLIP L. SAYT JAMES H. DOBSON JAMES H. SCHWARZ RICHARD L. MADDOX THOMAS K. DOWNS RICHARD A. BIERLY JOHN R. THORNBURGH PHILIP A. WHISTLER ROBERT G. ZEIGLER JAMES F. GALLAGHER MARY SETH BRAITMAN JOHN F. PRESCOTT, JR. BRENDA S. HORN JEFFREY O. LEWIS GREGORY L. PEMBERTON FREDERICK WM L.CAVA ANTHONY P. GILLMAN SCOTT A. SMITH DEBRA EASTERDAY JACOUELINE A. SIMMONS GARY J. DANKERT DONALD C. BIGGS E. VAN OLSON MARC C- FRANKENSTEIN - GEORGE P. RYAN ILO! -I p1l Re: Indiana Municipal Power Agency - Ordinance Amending the Power Sales Contract and Capacity Purchase Agreement Dear Irv: Enclosed please find an ordinance which amends the Power Sales Contract and Capacity Purchase Agreement as to the date that those agreements will commence. Jesse Tilton asked that we send these out so that they would be available for your review prior to the regularly scheduled meeting on October 15. Please do not hesitate to call or write if you have any questions or comments. Kindest regards. Sincerely, ICES. MILLER DON-ADIO RYAN /Cz� - r Thomas' K . Downs TKD/sde Enclosure cc: Mr. Jim McClarnon Mr. Jesse C. Tilton, III Mr. Carl F. Lyon, Jr. s ORDINANCE NO. AN ORDINANCE CONCERNING AMENDMENT OF THE POWER SALES CONTRACT AND THE CAPACITY PURCHASE AGREEMENT BETWEEN THE CITY OF RICHMOND AND THE INDIANA MUNICIPAL POWER AGENCY AND OTHER MATTERS CONNECTED THEREWITH WHEREAS, the Indiana Municipal Power Agency ("IMPA") has advised the City through the City's representative on the Board of Commissioners of IMPA that the Power Sales Contract and Capacity Purchase Agreement between the City and IMPA should be amended since certain delays in obtaining the necessary arrange- ments and regulatory approval may make it impossible for those agreements to be practically effective by January 1, 1983; and WHEREAS, the City finds it necessary and desirable to amend those documents to provide for their effectuation by July 1, 1983 and to authorize its appropriate officials to take any actions necessary to accomplish those amendments; NOW, THEREFORE, BE IT ORDAINED: Section 1. Section 3(a) of the Power Sales Contract is hereby amended by deleting the phrase "... commencing January 1, 1983 or such earlier date as shall be determined by the Agency upon thirty days notice to the Member ..." and by inserting in its place the phrase "... commencing on a date to be specified in a manner determined by the Agency, but in any event commencing no later than July 1, 1983, ..." Section 2. Section 2(A) of the Capacity Purchase Agreement is hereby amended by deleting the phrase "Commencing January 1, 1983 or such earlier date as shall be determined by the Agency upon the 30 days notice to the Member ..." and inserting in its place "Commencing on a date to be specified in a manner determined by the Agency, but in any event commencing no later than July 1, 1983 ..." Section 3. The Mayor and Clerk are hereby authorized and directed to take any action necessary to effectuate the amend- ments provided for herein. Section 4. This ordinance shall be in full force and effect as of its passage. PASSED AND ADOPTED by the Common Council of the City of Richmond, this day of , 1982. COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA Presiding Officer ATTEST: Clerk (SEAL) Presented by me, the undersigned Clerk of the City of Richmond to the Mayor of said City for his/her approval on the day of , 1982 at .m. Clerk Approved by me, the undersigned Mayor of said City on the day of , 1982 at .m. Mayor, City of Richmond 2 -