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RESOLUTION NO. 2007-35 <br />RESOLUTION RELATING TO THE ANAHEIM MUNICIPAL POWER <br />STATION ("AMPS")PROJECT:(I)AUTHORIZING THE NEGOTIATION, <br />EXECUTION AND DELIVERY OF A PLANNING AND DEVELOPMENT <br />AGREEMENT BETWEEN THE SOUTHERN CALIFORNIA PUBLIC <br />POWER AUTHORITY ("SCPPA") AND THE CITY OF ANAHEIM <br />("ANAHEIM") FOR THE PURPOSE OF PLANNING AND <br />DEVELOPMENT OF THE ANAHEIM MUNICIPAL POWER <br />STATION;(II) AUTHORIZING THE NEGOTIATION, EXECUTION AND <br />DELIVERY OF A POWER SALES AGREEMENT BETWEEN SCPPA <br />AND ANAHEIM; (III) AUTHORIZING CERTAIN RELATED ACTIONS; <br />AND (IV) AUTHORIZING THE OFFICERS OF THE AUTHORITY TO <br />DO ALL OTHER THINGS DEEMED NECESSARY OR 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 <br />California, as amended from time to time (the "Act"), by its members, which are municipalities <br />and an irrigation district that supply electricity in the State of California, for the purpose of <br />jointly and cooperatively undertaking planning, development, financing, acquisition, <br />construction, reconstruction, improvement, enlargement, betterment, operation and maintenance <br />of projects for the generation or transmission of electric energy in accordance with the Act; and <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 activities; and <br />WHEREAS, The City of Anaheim (referred to herein as "Anaheim") is a chartered <br />California municipality which provides electric energy to its citizens through its municipally <br />owned electric system. Anaheim is a party to the SCPPA Joint Powers Agreement and is one of <br />the founding member municipalities which formed SCPPA. The Anaheim Electric System <br />serves the entire electric service area within the Anaheim city limits entailing approximately 50 <br />square miles; and <br />WHEREAS, SCPPA and Anaheim desire to investigate, plan, and develop and provide <br />for the procurement, acquisition, construction and operation of a generating facility consisting of <br />a peaking power plant to be located on a proposed site in an industrial area within the City of <br />Anaheim, California, referred to herein as the Anaheim Municipal Power Station Project (or the <br />"AMPS Project" or "the Project"), including the necessary and appurtenant facilities thereto, and <br />the applicable portion of any common facilities, interconnection facilities and related facilities; <br />and <br />