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Resolution 1995-71 . ~ ) . . RESOLUTION NO. 95-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE CITY OF GILROY'S PARTICIPATION IN ABAG' s POWER PURCHASING POOL AND AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO SIMILAR AGREEMENTS. WHEREAS, the City of Gilroy is currently purchasing natural gas and related transportation and distribution services from Pacific Gas & Electric (PG&E); and WHEREAS, energy rates in the Bay Area are among the highest in the nation, particularly for natural gas (and electricity); and WHEREAS, deregulation of the natural gas industry in 1986 and deregulation of the electric services industry currently under consideration by the California Public Utilities Commission and the State legislature is creating new opportunities for local governments to lower their energy costs through collective action; and WHEREAS, there are no existing power purchasing pools for Bay Area local governments interested in lower energy costs; and WHEREAS, bulk purchasing of natural gas has proven itself to be a legal and cost-effective means to achieve reduction in energy costs through the use of a competitive bid program; and WHEREAS, it would greatly benefit the City of Gilroy to be prepared to take advantages of any coming changing in the regulation of the electric market; and WHEREAS, the City of Gilroy is a member/associate member of the Association of Bay Area Governments (ABAG); and RESOLUTION NO. 95-71 - 1 - . . WHEREAS, ABAG, in conjunction with New Energy Ventures, Inc. (NEV) , proposes to form a Power Purchasing Pool Program to aggregate natural gas needs of interested ABAG members and associate members, to collectively negotiate a purchase of natural gas and transportation services through a competitive request for proposals, and to negotiate an agreement with PG&E for distribution of natural gas. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gilroy hereby authorizes the participation of the City of Gilroy in the ABAG Power Purchasing Pool to undertake a bulk purchasing program for natural gas and electricity (when legally authorized by the California Public Utilities Commission on behalf of the City of Gilroy and other ABAG members or cooperating members. BE IT FURTHER RESOLVED, that the City Administrator, or his designee, is authorized to enter into a subscription agreement with ABAG, in substantially the form set forth in the attached Exhibit A appointing ABAG as the agent for the City of Gilroy in negotiating a distribution agreement with PG&E, issuing a Request for Proposal for the purchase and transportation of natural gas and negotiation of a contract with the responsive, responsible proposer proposing the lowest costs. FINALLY, BE IT ALSO RESOLVED, that the City Administrator is authorized to execute and deliver the contracts negotiated by ABAG on behalf of the City of Gilroy and is appointed the City of Gilroy'S representative on ABAG's Power Purchasing Committee to oversee the operation of Power Purchasing Pool program. RESOLUTION NO. 95-71 - 2 - , . . PASSED AND ADOPTED this 16th day of October, 1995 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCI LMEMBERS : NONE . ABSENT: COUNCILMEMBERS: NONE . APPROVED: Ha~j.V Susanne E. Steinmetz, rk RESOLUTION NO. 95-71 - 3 - . . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 95 71 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of October , 19....2.L, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 17th day of October ,1995. Gilroy (Seal)