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RESOLUTION NO. 2009-132 <br />RESOLUTION RELATING TO A SUPPLEMENTAL <br />AGENCY AGREEMENT BETWEEN THE SOUTHERN <br />CALIFORNIA PUBLIC POWER AUTHORITY AND THE <br />CITY OF LOS ANGELES ACTING BY AND THROUGH <br />THE DEPARTMENT OF WATER AND POWER: (I) <br />AUTHORIZING THE NEGOTIATION, DEVELOPMENT, <br />EXECUTION AND DELIVERY OF A SUPPLEMENTAL <br />AGENCY AGREEMENT BETWEEN THE SOUTHERN <br />CALIFORNIA PUBLIC POWER AUTHORITY AND THE <br />CITY OF LOS ANGELES ACTING BY AND THROUGH <br />THE DEPARTMENT OF WATER AND POWER; (II) <br />AUTHORIZING CERTAIN RELATED ACTIONS; AND (III) <br />AUTHORIZING THE OFFICERS OF THE AUTHORITY <br />TO DO ALL OTHER THINGS DEEMED NECESSARY OR <br />ADVISABLE <br />WHEREAS, the Southern California Public Power Authority (referred to herein as <br />"SCPPA" or "the Authority") was created pursuant to provisions contained in the Joint Exercise <br />of Powers Act found in Chapter 5 of Division 7 of Title 1 of the Government Code of California, <br />as amended from time to time (the "Act"), by its members, which are municipalities and an <br />irrigation district that supply electricity in the State of California, for the purpose of jointly and <br />cooperatively undertaking planning, financing, development, acquisition, construction, <br />reconstruction, improvement, enlargement, betterment, operation and maintenance of projects for <br />the generation or transmission of electric energy, including generation saving technologies in <br />accordance with the Act. <br />WHEREAS, Pursuant to the Act, and pursuant to the Joint Powers Agreement between <br />SCPPA and its members dated as of November 1, 1980 as amended, SCPPA was created and <br />formed as a separate and distinct public entity apart from its members; and <br />WHEREAS, Pursuant to the terns of the Act, and the Joint Powers Agreement <br />constituting SCPPA's formative instrument, SCPPA has the power to plan, develop, finance, <br />own, acquire, design, construct, operate, maintain and repair electric generation or transmission <br />projects or cause such projects to be planned, developed, financed, designed, constructed, <br />operated, maintained and repaired, and to provide by agreement to perform such matters or carry <br />forth activities preliminary to such matters; and <br />WHEREAS, the City of Los Angeles acting by and through the Department of Water and <br />Power (the "LADWP") is a California municipal utility, created and existing pursuant to the Los <br />Angeles City Charter, which provides electric energy to its citizens through its municipally <br />owned electric system. LAPWD is one of the parties to the SCPPA Joint Powers Agreement and <br />is one of the eleven founding member municipalities which formed SCPPA. Since the initial <br />creation of SCPPA pursuant to its Joint Powers Agreement LADWP has acted, in part, through <br />SCPPA's Board of Directors to carry out numerous generation, transmission and other projects <br />through SCPPA. <br />