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CC Resolution No. 04-318 RESOLUTION NO. 04-318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION AND DELIVERY OF THE ELECTRIC PROGRAM WIND UP AGREEMENT WITH ABAG POWER WHEREAS, the City was a member of the Association of Bay Area Governments (ABAG) POWER Electric Aggregation Program; and WHEREAS, the ABAG POWER Electric Aggregation Program was suspended on June 30,2001; and WHEREAS, ABAG POWER has retained certain funds owed to City as an offset to certain risks and potential liabilities that would otherwise pass to the agency; and WHEREAS, ABAG POWER has received authorization from its Board of Directors to wind up the program and distribute remaining funds to members, while at the same time passing any remaining risk to members as well. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby authorizes the execution and delivery ofthe Electric Program Wind Up Agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of May 2004, by the following vote: Vote Members 2fthe Q!y Council AYES: NOES: ABSENT: ABSTAIN: Kwok, Lowenthal, Sandoval, Wang None James None ATTEST: .~~ City Clerk APãVED J/fø t~