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HomeMy WebLinkAboutresolution.council.063-06 1.___ RESOLUTION # in 3 (Series of20~ A RESOLUTION APPROVING AN AMENDMENT TO EXHIBIT D OF AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE MUNICIP AL ENERGY AGENCY OF NEBRASKA (MEAN), SETTING FORTH AN EXPANDED PROJECT LIST UNDER THE EXISTING ENERGY RESOURCE POOLING AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT WHEREAS, there has been submitted to the City Council an addition to Exhibit D of the Energy Resource Pooling Agreement between the City of Aspen, Colorado, and MEAN, a copy of which contract is annexed hereto and made a part thereof NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That the City Council of the City of Aspen hereby affirms its intent to participate in two additional energy projects as defined in amended Exhibit D of the Energy Resources Pooling agreement between the City of Aspen, Colorado and MEAN, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said Amendment and consents to the inclusion of two additional projects on behalf of the City of Aspen. Dated: ~(AA<1f 1& UrJ r; , I, Kathryn S. Koch, duly appointed and acting City Clerk do certifY that the foregoing is a true and accurate copy of thayfe)olution adppted y the Cjty Council of the City of Aspen, Colorado, at a meeting held~. CVJf ~b I 7~k\'b~t NOTICE TO SERVICE SCHEDULE M PARTICIPANTS NOTICE IS HEREBY GIVEN~ that on May 13,2004, the' Board of Directors of the Municipal Energy Agency of Nebraska (MEAN) approved entering into a Participatio~ Power Agreement with Nebraska Public Power District to purchase 11.78% (7 MW) of wind-generated energy from the Ainsworth Wind Energy Facility, as descnoed in paragraph A.l. below. FURTHERMORE, that on May 25) 2005, the MEAN Board of Directors approved entering ioto a Participation Agreement with the Public Power Generation Agency (pPGA) to purchase 36.36% (approximately 80 MW) entitlement share from Whelan Energy Center Unit 2, as described in paragraph B .1. below. FURTHERMORE., pursuant to Section 3.01 (c) of the Service Schedule M contract of the E.lectrical Resources Pooling Agreement (ERP A)) .as referenced in MEAN's Power Supply System Revenue Bond Resolution, adopted August 21, 2003: If at any time MEAN determines it necessary to commit to an additional Project, it will advise the City in writing of its intention to so commit, the nature of such Project, the estimated time such Project is scheduled for commercial operation and the aggregate principal amollDt of Bonds, if anYJ estimated to be issued in cormection therewith. Exhibit D hereto shall be amended to include such Project unless the City elects to become a Contract Purchaser as hereinafter provided. After such notification, the City will have sixty (60) days to advise MEAN by written notice that it has determined, by appropriate resolutioD) that it does not want to participate in such Project. Upon such notification:t the City shall continue to be a Requirements Purchaser until the latest date such Project or any other Project which consti tutes a Related Project for the City commences commercial operation, whereupon City shall become a Contractor Purchaser, and its obligation hereunder to purchase, and "MEAN's obligation to supply, electric power and energy, shall thereafter be at a Contract Demand equal to tbe Finn Power Requ~ent for the City at the date such Project commences commercial operation. FURTHERMORE, the MEAN Board of DirectOIS and Management Committee adopted a Resolution on May 18) 2006, which determined it necessary to commit to additional Projects, referred to as the Ai~orth Wind Energy Facility and Whelan Energy Center Unit 2 Project~ as descnoed below. THEREFORE, notice is hereby given to all Service Schedule M Participants as follows: A. Ainsworth Wind Energy Facility 1. Nature of Project: Participation in the Ainsworth Wind Energy Facility (hereinafter referred to as "Ainsworth Wind Project"), which is a wind-generated electric facility consisting of 3 6 wind turbines (rated at 1.65 MW each) for a net generating capability of approximately 60 MW (60,000 kW), located in Brown COlDlty~ Nebraska. 3. Exhibit D: Amend Exhibit D of the Service Schedule M contract to add the WEe 2 Project. The City of Aspen has sixty (60) days from receipt oftbis Notice to advise MEAN by written notice that it has determined, by appropriate resolution, that: A. The City of Aspen intends to participate in these Projects and the City consents to amending Exhibit D to include the Projects. (See attached Resolution.) OR B. The City of Aspen does not wish to participate in these Projects and the City intends to become a Contract Purchaser, pursuant to Section 3.01 (c) of the SSM. DATED: June 30. 2006 r1GIt~~~ Executive Director Municipal Energy Agency of Nebraska EXHIBIT D RELATED PROJECTS Dated: August 17, 2006 Not to exceed 1.70% of the output of Laramie River Station (approximately 28 M ) through Lincoln Electric System Not to exceed 10 MW of Hastings Energy Center #1 Up to 30 MW of electric generation facility consisting of wind turbines in Kimball County, Nebraska 6.67% joint ownership interest in Council Bluffs Energy Center Unit 4 (approxima ely 50 MW) Participation Power Agreement, dated October 26, 2004, with the Nebraska Public ower District for 11.78% (approximately 7 MW) purchase in Ainsworth Wind Energy F cility until such time as any evidences of indebtedness issued by NPPD with respect to Ainsworth Wind Energy Facility are no longer outstanding. Participation Agreement, dated September 1, 2005, with the Public Power Generati n Agency (PPGA) for 36.36% entitlement share (approximately 80 MW) in Whelan nergy Center Unit 2 (WEC 2) until such time as any evidences of indebtedness issued by PGA with respect to WEC 2 are no longer outstanding. Approved August 17. 2006 by MEAN Board of Directors Supersedes Exhibit D as approved May 18. 2006 Date Sent to Service Schedule M Participants September 14. 2006 ~A'