(a) The PSC between Municipality and AMP, substantially in the form filed with the City Recorder including Appendices thereto is approved, and the Electric Department General Manager of Municipality is hereby authorized to execute and deliver such Power Sales Contract, with such changes as the Electric Department General Manager may approve as neither inconsistent with this Ordinance nor materially detrimental to the Municipality, his or her execution of the PSC to be conclusive evidence of such approval.
(b) The Electric Department General Manager is hereby authorized to acquire on behalf of the Municipality, as a Participant, as defined in the PSC, Power Sales Contract Resources (hereafter “PSCR Share”), as defined in the PSC, without bid, from AMP and to executive and deliver any and all documents necessary to become a Participant in the AMP Fremont Energy Center project pursuant to the conditions set forth herein and in the PSC and to carry out its obligations there under and to arrange for the buy-out of any excess power and energy currently under contract with AMP as the Electric Department General Manager deems in the best interests of the Municipality.
(c) It is further acknowledged and understood that because the Participants will finalize the precise PSCR Share to be acquired by each Participant electing to enter into the PSC after all such Participants execute and deliver the PSC, the Electric Department General Manager in connection with the execution and delivery of the PSC, is authorized and directed to determine and acquire Municipality’s PSCR Share (not taking into account the Step-Up as defined in the PSC), of up to a nominal amount of 4302 kilowatts, after consultation with AMP and the other Participants regarding the PSCR Share available pursuant to said PSC, such PSCR Share to be set forth in Appendix A of the PSC, such determination as to such PSCR Share being conclusively evidenced by the adoption of Appendix A to the PSC, as authorized therein.
(d) The Electric Department General Manager of this Municipality, as a part of such officer’s official duties, is hereby appointed as Municipality’s representative for any meetings or determinations of the Participants or the Participant’s Committee pursuant to the PSC and is authorized and directed, acting for, in the name of and on behalf of this Municipality, to vote Municipality’s PSCR Share with regard to any determinations regarding the AMP Fremont Energy Center project as set forth in the PSC.
(e) The Electric Department General Manager may appoint, in writing, from time to time as necessary, another representative of the Municipality as his or her alternate to carry out the duties set forth in subsection (d) hereof.
(6-6-11)