HomeMy WebLinkAbout1970-07-07 Min - Board July 7, 19 70
The members of the Board of Directors of the Truckee Donner Public Utility
District met in a regular session in the conference room of the District at
7:30 P.M.
Upon roll call the following Directors were noted present: Doyle, Rose, Loehr
and Moore. Director Stone was absent at this time.
Guests present: Neil R. Henessy, Alpine Smith, Jack Duttwieller, Karl Kuttel.
Employees present: Cattan, Paulus, Bliss.
The meeting was called to order by President Doyle. The minutes of the June 16,
1970 meeting were approved as written.
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BILLS AND BILLS FOR BOARD'S APPROVAL
Mr. Paulus stated that the Manchester bill of $7,110.44 for the Prosser Well must
be added to the list handed out; that we may have to transfer some money from
time deposits. It was noted that there was a correction of $S.00 on Johnston
Pump bill. A motion was made by Mr. Moore and seconded by Mr. Rose that the
bills paid and bills for Board's approval be approved.
ROLL CALL: Doyle, aye; Rose, aye; Loehr, aye; Stone, absent;- Moore,, aye.
Motion carried. So ordered. dills attached hereto being a part of these minutes.
BIDS FOR 6-" PIPE LINE BY COOLIE CORRAL
The bids were opened by Mr. Cattan. Only two of eight bids were submitted.
Mr. Cattan mentioned that the pipe at one end water has to be pumped and the pipe
will be furnished by the District.
(Director Stone arrived at this time.)
'Poo- The matter of the bid opening was postponed so that Mr. Paulus could check the
post office for further bids that might have been mailed.
PROSSER LAKE VIEW ESTATES
A letter from Lauren Russell dated June 29, 1970 was read which stated that he
(the developer) did not want to be held liable to commitments to the District in
the event the land wasn't developed. This matter was tabled pending an opinion
from Paul Chamberlain.
HOSPITAL 2ND POINT OF DELIVERY
This matter was discussed at length at the last meeting. -A letter dated June 29
was written to the hospital stating the price of $1,S00 had been recommended.
However, Mr. Intorf, the hospital administrator, would like a formal recommenda-
tion from the Board to this effect so that he may present the District's recommen-
dation to the hospital board on July 1S. A motion was made by Mr. Rose and
seconded by Mr. Loehr that the Board concurred with the Manager's recommendation
of $15,S00 for the 2nd point of delivery to the hospital.
ROLL CALL: Doyle, aye; Rose, aye; Loehr, aye; Stone, aye; Moore, aye.
Motion carried. So ordered. A letter will be sent to the hospital regarding the
formal motion by the board.
POEMN
BIDS FOR 6" PIPE LINE BY COOLIE CORRAL
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- Mr. Paulus returned from the Post 0 f f i ce; and since no further bids were received,
the two bids submitted were noted as follows'.
ALPINE SMITH CONSTR. CO. $2,432.40
SIERRA PACIFIC CONSTR. CO. 6,074.80
Mr. Cattan recommended that the low bid of Alpine Smith Construction Company be
accepted. A motion was made by Mr. Rose and seconded by Mr. Moore that the low
bid of $2,432.40 from Alpine Smith Construction Company be accepted.
ROLL CALL: Doyle, aye; Rose, aye; Loehr, aye; Stone, aye; Moore., aye.
Motion carried. So ordered. PAGE 109
(July 7, 1970 - Continued)
ROBERT BUTLER EASEMENT
This matter was acted upon by the Board at a previous meeting and a subsequent
easement agreement was signed by the District and Mr. Butler. A letter was
received from Mr. Butler recently stating that he wished to add several other
stipulations to the agreement. In essence Mr. Butler wishes a 400'-500' water
line at the back of his property line so that he may give service to his 5 lots.
Originally the District agreed to provide a tap at the tank for this line.
After evaluation of the request, a motion was made by Mr. Stone and seconded by
Mr. Moore that the Board adhere to their original agreement but that a letter
be sent to Mr. Butler from Paul Chamberlain stating that the road would revert
back to Mr. Butler should the District abandon their easement.
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ROLL CALL: Doyle, aye; Rose, aye; Loehr, aye; Stone, aye; Moore, aye.
Motion carried. So ordered.
NEIL R. HENNESY - EASEMENT (BOX 2006, GRASS VALLEY, CA.)
This matter was considered at the last regular meeting, and the Board advised
Mr. Hennesy to consult with the Recreation Department. The result of his consul-
tation was that the recreation board would concur with the utility board. Mr.
Hennesy's letter of June 3 to Paul Doyle was read. Mr. Hennesy distributed
copies of a map showing the road the recreation department agreed to. The
proposed road is approximately 43,0001 and ends at Martis Valley Estates. Mr.
Hennesy stated he would have the road surveyed if the easement was granted
and the road would give access to District land and also to recreation land for
car parking. The road would be offered to the county for dedication, and they
could accept it without maintenance. Mr. Doyle stated he felt the Board could
not give away land without compensation and cited the Lakeworld agreement. Mr.
i Henesy stated the easement would be on a 99 year lease basis and coincide with
the recreation department lease with the District. There is about 1/2 acre on
the District side and 1/2 acre on the recreation district side. Mr. Rose
mentioned this road would enable us to serve customers in the future, that this
is a parallel situation to Lakeworld and the road would be valuable to commer-
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ci al property as well as to the recreation department.
(Mr. Loehr excused himself at 8:22 P.M. because of conflict of interests.)
Mr. Moore mentioned that one possible advantage to the road would be that a lot
would be opened for access in the northeast corner. Mr. Stone stated he looked
j at the road and it should be there for preservation of the meadow, that we
should sell the land to the recreation department for $1 so they could develop
the meadow for recreational purposes. Mr. Hennesy stated the water in the
meadow can be controlled by a ditch along the south line of the Shane property.
The amount of proper compensation for this easement was discussed. Mr. Cattan
offered to arrive at a figure based on the exact square footage of the road.
f Mr. Rose suggested that perhaps the District could have the road appraised.
Mr. Cattan suggested $5,000 based on linear feet.
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Mr. Stone made a motion that the District grant the 60' right-of-way with compen-
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sation of $5,000 with the approval of the recreation board. (Motion died for
j lack of a second.)
Mr. Hennesy stated he felt $5,000 was too much, that he felt a lease on a 99
year basis was fair. Mr. Jack Duttwieller (from audience) stated that Pat Shane
had access years ago, that the access was taken from him and promised to him
should he want it in the future. Mr. Doyle stated he could find no promises to
this effect by the former Manager Mr. Longo, but that it certainly was not the
intention of this Board to suppress expansion, Mr. Hennesy stated he felt the
proposed campground certainly was compatible with the recreational trend in the
area. Mr. Hennesy stated it was estimated that the road from Brockway to the
Shane property could cost between $15,000-$17,000 and perhaps as high as
$25,000. Mr. Cattan stated that an appraiser would not consider the benefits
to the parties involved.
(Mr. Loehr returned to the meeting at 8:47 P.M.)
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July 7, 1970
PAGE 110
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(July 7, 19 70 - Continued)
HENNESY - CONTINUED
Mr. Rose suggested compensation of $3,000, and Mr. Hennesy stated he felt this
amount was more realistic than $5,0 0 0.
Mr. Stone withdrew his previous motion and made a motion that the District .
engage an appraiser to appraise the 60' right-of-way for commercial zoning.
(Motion died for lack of a second.) It was noted that an appraiser would cost
$300 to $750. Mr. Jack Dutwieller (from audience) stated that the county
.,,,, appraised the land at $3,000 an acre.
Avo
A motion was made by Mr. Rose and seconded by Mr. Moore that the District give
an easement to the party represented by Mr. Hennesy for $3,000 with the approval
of the recreation district.
ROLL CALL: Doyle, aye; Rose, aye; Loehr, abstain; Stone, nay; Moore, aye.
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Motion carried. So ordered.
MANAGER'S REPORT
DONNER CREEK WELL PUMP: Giving 350 GPM. The well won't give us any more
troi 11e. The tanks fill in 10 hours. We can run water now from Gateway to the
Forest Service tank. Mr. Cattan would like to build a small retaining wall
around the tank and to cover the top; he will get bids from local contractors.
PROSSER LAKE WELL: Well was terminated for testing Friday, Saturday and
Sunday. Nee oulders around it. The yield should be the same as the Prosser
Heights well. We should test the water with a meter so we will know what size
pump to order.
BOOSTER PUMP BEFORE LINE OF PROSSER HEIGHTS WELL: Mr. Cattan feels a booster
pump is necessary at this location and has several quotations. The power would
be supplied from the nearby power pole. Electric controls for the pump could
�..., be in the building. We need a box to cover the booster pump, which would cost
approximately $950 and provide 50 gallons for standby. A motion was made by
Mr. Loehr and seconded by Mr. Rose that the Manager proceed with the booster
pump purchase.
ROLL CALL: Doyle, aye; Rose, aye; Loehr, aye; Stone, aye; Moore, aye.
Motion carried. So ordered.
OVERTIME, G. CATTAN, 4TH OF JULY WEEKEND
For work at the Prosser Lake Well over the 4th of July weekend, the Board
granted Mr. Cattan compensatory vacation time off for labors expended.
BRIEN WALTERS - INTEREST
Mr. Paulus stated he had thoroughly researched the minute books and had found
references to interest rates being discussed but that there is no mention of
interest in the contract. The District still owes Mr. Walter's firm $15 79.59.
Mr. Moore stated he recalled that the District could pay interest if we were
pressed for making the payments. Mr. Rose and Mr. Doyle concurred. No formal
action by the Board at this time.
RENO PUMP AND SUPPLY
The Board feels that the District should try to recover money from Reno Pump and
Supply on the Prosser Lake Heights project. Mr. Paulus stated he had written a
letter to them and that the response was not satisfactory. It was understood
that Harry Jones has no California license. The Board directed the office to
obtain an opinion from Paul Chamberlain in this matter.
SIERRA MEADOWS WATER TANK
A meeting was held with Duane Anderson from Murray McCormick. If the District
allows this subdivision to use water for testing, dirty water will back up into
town. The county department agrees with the District in this matter.
July 7, 1970 PAGE 111
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(July 7, 19 70 - Continued)
NEW CONFERENCE ROOM CHAIRS
Carlisle displayed a sample chair costing $58 - $75 depending on whether the
chair tilts or not. Mr. Moore suggested that the office contact Armanko for
another estimate on chairs.
DISCONNECT PROCEDURE
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Mr. Paulus stated that several Directors had ordered reconnects without knowing
'f the situation, that the office only orders disconnects after proper notifica-
tion to the customer. Mr. Paulus feels the Directors should abide by their
policy that "You may be disconnected after 30 days for non-payment". When the
office has to send a man right back to reconnect after we disconnect, it makes
the District look "silly". Mr. Moore said he felt if a Director assumed the
responsibility to reconnect, he should also assume the responsibility of pay-
ment. Mr. Stone stated he was one of the Directors who had been contacted by
a customer and he felt that a Director should have something to say and that
disconnects should not be made on Friday nights. Mr. Paulus reiterated that
the customers have plenty of notice and can call the numbers listed on the
re cording.
The meeting was recessed at 9:5 8 P.M. The meeting was reconvened at 10:00 P.M.
No further business to come before this Board, a motion was made by Mr. Loehr
and seconded by Mr. Rose that the meeting be adjourned.
ROLL CALL: Doyle, aye; Rose, aye; Loehr, aye; Stone, aye; Moore, aye.
Motion carried. Meeting adjourned at 10:00 P.M.
C
PAUL DOYLE,'PRESIDENT., BOARD OF DIRECTORS "--IN
CAROLYN BLISS CORDING SECRETARY
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PAGE 112 July 7, 1970
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TRUCKEE DONNER PUBLIC UTILITY DISTRICT
GENERAL FUND
Bank Balance 6/16/70 $28,929.60
Deposits 22,969..37
Approved billings $22,141.61
State Comp. Ins. 2,400.00
Delta Lines 33.01
Porta Films 8.50
Murray, Burns & Kienlen .03
U. S. Post Office 76.00 -
Kate Ghirard (welding) 15.00
C & M Drilling (partial) 1.9500.00
Alpine Smith Constr. (Gateway) 1,S6S.20
Walters, Ball Hibdon & Shaw (well data & subdivider) 6 33.2 7
Tom Paulus (janitorial) 60.00
Ponderosa Investments (water inv.) 213.17
Joe Straub (vacation) 190.22 (28,836.01)
JUNE 30 PAYROLL O.T. GROSS + NET
Cattan 700.00 S32.02
Burdick 5 S 7.76 4 21.16
Paulus 5S0.00 40 8.65
Silva 517.44 420.88
Reynolds 42.30 517.00 396.46
Archer 21.33 467.37 �80.39
Grow 35.55 452.6 7 357.16 .
Straub 279.36 20S.48
Osburn 228.80 168.86
Pine 228.80 183.24
Bliss 19S.13 183.82 (3,658.12)
99.18 4,703.33
BANK BALANCE 7/6/70 $19.404.84
BILLS FOR BOARD APPROVAL
{
Armanko Office Supply 34.09
Alpha Hdwe Co. 3.54
Buck & 011ies Texaco 26.09
A. Carlisle & Co. (Office Exp.) 19.20
Calif. Assoc. of Employers (dues) 60.00
" (ins.) 287.30
George Cattan (expense acct.) S.00
Calif. Municipal Util. Assoc. (dues) 1S0.00
Delta Lines (freight) 11.29
Edco (tape recordings) 30.15
Fred's Richfield (tire) 31.88
J. R. Deterding (inv. & 101' water line) 871.58
Robert C. Gebhardt (pipe for pump job) 71.66
Graybar Elec. Co. (fiberglass pipe poles) 126.45
Johnston Pump Co. (Donner Well) 2,289.00
Joe's Auto Service (Bruce's pickup) 51.6 8
KTRT (adv.) 4S.00
McClean Eng. Co. (calculator) 3.S 0
Montague/Fisher, Inc. (add'1 pipe, Prosser Well) 100.15
Osburn's Garage (George's car, front end) 21.54
C. Olano (welding) 18.00
Pittsburgh-Des Moines Steel Co. (steel for wells) 34.39
Phelps Dodge Corp. (conductor, inv.) 11320.04
Osburn's Super Service (diesel) 6.18
Pacific Telephone 4.00
it 209.85
Rockwell Mfg. Co. (meters) 252.55
R T E Corp. (transformers) 2,733.15
Truckee Hardware & Rentals (Donner Well) 18.72
Truckee Tahoe Lumber Co. 4.07
Tahoe Truckee Agency (ins.) 157.00
Record Supply Co. (well, inv. maint.) S25.10
Sierra Sun (bid) 8.00
Sun Printing Co. 13.13
Sangamo Elec. Co. (elec. meters) 10S.67
Sierra Sun 17.60
Sacramento Pipe Works (inv.) 734.44
Walt's Gulf Service 4.50
Vincent Supply Co. (repair couplings) 135.88
Wedco (inv, items) 1,614.98
Truckee Donner Disposal 6.60 (12,162.95)
Balance after payment of above billings 7,241.89
NOTE: SEE CORRECTIONS TO THIS LIST IN OFFICIAL MINUTES.
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BID 'D TO: July 7, lQ 7n
RAY SMITH CONSTR. CO. BID SAY
ITEM: 6" STEEL WATER MAIN
UNIT PRICE
CONTRACTOR 3 IN. COUPLINGS WE V ON 1 L TOTAL
SIERRA PACIFIC CONSTR. CO $9.30 Ft. $69074.80
TE I CHERT & SON
KARL KUTTEL
RAY SMITH CONSTR. $3.40 Ft.
AKA. ALPINE SMITH) $2,432.40
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BOB WHITE'S EXCAV.
CHUCK CONWAY
WALTER SIMS
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TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
P. 0. BOX 30B
TRUCKEE, CALIFORNIA 95734
Telephone 587-38%
JULY 6.9 1970
THERE WILL BE A SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT HELD AFTER
THE REGULAR MEETING OF THE BOARD ON JULY 75, 1970.9 IN THE
CONFERENCE ROOM OF THE DISTRICT.
AGENDA: FINALIZE THE THIRD R.E.A. LOAN
ewr Cal?
GEORGE CATTAN, MlANAGER
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CALIFORNIA 44-C TRUCKEE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
SPECIAL MEETING OF BOARD OF DIRECTORS
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A special meeting of the Board of Directors of Truckee Donner
Public Utility District was held July 7 , 1970 , at the main office of
the District in Truckee, California, at 10 P.M. o'clock.
The meeting was called to order by Paul A. Doyle, who pre-
sided, and George Cattan, Secretary, acted as Secretary of the meeting.
Upon roll call the Secretary reported that the following
members of the Board of Directors were present: Paul A. Doyle, David
C. Rose, Henry G. Loehr, Nelson Stone, and Robert I . Moore, said
persons being all of the members of the Board of Directors.
The president reviewed the amendment dated March 6 , 1970 , to
the REA loan contract, dated October 28, 1963 , as previously amended,
heretofore entered into between the District and the Government pro-
viding for an additional loan in an amount not to exceed $130 ,000 to
finance the construction of certain electric facilities adding to the
a
then existing electric system of the District.
The President then presented to the meeting a form of pro-
posed resolution providing for the issuance of $130 ,000 principal
amount of bonds of the District, and related purposes , and stated
that the issuance of bonds in this amount was contemplated by the
amendment to the loan contract, and that the form of the resolution
had been approved by counsel for the District. Manager then read
to the meeting the form of the proposed resolution. Such form was
then fully discussed, and on motion duly made by Director Loehr
and seconded by Director Stone the following resolution was adopted:
July 7, 19 70 Page 113
I F
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liesolution JS:id
9-P-105
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RESOLUTION NO*. 7011
Adopted July 7 , 1970
A RESOLUTION PROVIDING FOR THE ISSUANCE OF $1302000
PRINCIPAL AMOUNT OF BONDS OF TRUCKEE DONNER PUBLIC
.UTILITY DISTRICT; PRESCRIBING THE DATE .AND FORM OF
SAID BONDS; PRESCRIBING THE INTEREST RATE AND THE
MATURITIES THEREOF AND THE SALE THEREOF TO UNITED
STATES OF AMERICA; AUTHORIZING THE EXECUTION OF SAID
BONDS; PROVIDING FOR.THE LEVY OF TAXES FOR THE PAY-
MENT THEREOF; AND PROVIDING FOR THE PLEDGING OF
REVENUES TO SECURE SUCH PAYMENT-
NO.
CALIFORNIA -C TRUCKEE
July 7, 1970 Page 113 A
. Resolution `
9-2105
r
RESOLUTION NO. 0 11
A RESOLUTION PROVIDING FOR THE ISSUANCE OF $130,000 PRINCIPAL
AMOUNT OF BONDS OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT; PRE-
SCRIBING THE DATE AND FORK OF SAID BONDS; PRESCRIBING THE INTEREST
RATE AND THE MATURITIES THEREOF AND THE SALE THEREOF TO UNITED
STATES OF ANERICA; AUTHORIZING THE EXECUTION OF SAID BONDS; PRO-
VIDING FOR THE LEVY OF TAXES FOR. THE PAYMENT THEREOF; AND PROVID-
ING FOR THE PLEDGING OF REVENUES TO SECURE SUCH PAYMENT.
WHEREAS, Truckee Donner- Public Utility District (hereinafter called the
"Districts') has, pursuant to the Public Utility District Act (hereinafter called
the "District Act") of California (Division 7, Section 15501 et seq. of the Public
Utilities Code of the State of California), duly changed its name, its former name
having been "Truckee Public Utility District"; and
WHEREAS, the District is authorized, pursuant to the District Act, to
issue general obligation bonds to pay the cost of acquiring, constructing or_ com
pleting the whole or any portion of any utility or works referred to in the District
Act, or for acquiring any works, land, structures, rights or other property necessary
or convenient to carry out the objects, purposes or powers of the District; and
WHEREAS, the District owns and operates a public utility system (said
publics utility system and all improvements, enlargements, extensions, betterments
or additions thereto, whenever and however made, being hereinafter called the
"System"), consisting of electric transmission, distribution and service lines
and facilities; and
WHEREAS, the District is authorized, pursuant to Section 16578 of the
District Act, to accept loans from the United States of America (hereinafter called
the "Government") without limitation by any other provisions of the District Act
requiring approval of indebtedness for the purpose of financing the construction,
maintenance and operation of any enterprise in which the District is authorized
to engage, and the Board of Directors (hereinafter called the "Board of Di:'ectorsrs)
of the District is authorized to issue bonds to the Government evidencing loans
made by the Government to the. District, and to do all things necessary in order
to avail the District of such loans; and
WHEREAS, the District) pursuant to the authority vested in it by
Section 16578 of the District Act, has heretofore entered into a certain loan
contract, dated as of October 28-, 1963, and a certain agreement, dated as of
June 11, 1968, amending said loan contract (said loan contract, as so amended,
being hereinafter called the "Original REA Loan Contract"), with the Government,
acting through the Administrator of the Rural Electrification Administration (herein-
after called the "Administrator"), providing for loans in an aggregate amount not in
excess of $482,000, by the Government to the District to finance the construction
by the District of certain improvements, enlargements, extensions, additions and
betterments of and to the System, which improvements, enlargements, extensions,
additions and betterments (hereinafter called the "Prior REA. Projects") consist of
electric transmission, distribution and service lines and all substations and
transformers, meters and other equipment necessary for the efficient operation
thereof; and
WHEREAS, the loans provided for in the Original REA Loan Contract are
evidenced by two series of the District's general obligation bonds, the first of
which series (hereinafter called the i1First 2% Series Bonds"), was issued, sold
and delivered by the District to the Government pursuant to Resolution No. 64-16
(hereinafter called the "First REA Bond Resolution's) duly adopted by the Board of
Directors on August 25, 1964, and the second of which series was issued, sold and
delivered by the .District to the Government pursuant to Resolution No.
(hereinafter called the "Second REA Bond Resolution's), duly adopted by the Board
of Directors on September 17, 1968; and
WHEREAS, the District in and by the First REA Bond Resolution, as amended
by the Second REA Bond Resolution, has pledged the net revenues of the System as
added security for the payment of the First 2% Series Bonds and the Second 2%
Series Bonds, excluding, however, from the revenues of the System the revenues
derived from certain facilities (hereinafter called the "Donner Lake System"), as
more particularly described and provided for in the Second REA Bond Resolution; and.
WHEREAS, the Board. of Directors has determined and does duly further
determine that its electric facilities shall be further improved and enlarged in
order to furnish electric service to additional consumers in rural areas not
receiving central station service (the facilities required to furnish service to
such additional consumers being hereinafter collectively called the "Third REA
Project"); and
WHEREAS, the Board of Directors on behalf of the District has applied
to the Government for an additional loan in an amount not in excess of $130,000
to finance the construction of the Third REA Project and has heretofore approved
and authorized the execution of a certain agreement (hereinafter called the
"Amendment") between the District and the Government, which amends the Original
REA Loan Contract in certain respects, including an increase in the amount of
the loans provided for therein by said amount of $130,000 (the Original REA Loan
Contract, as amended by the Amendment, being hereinafter called the "Loan
Contract"); and
WHEREAS, the Amendment has been executed by and on behalf of the parties
thereto; and
WHEREAS, the Loan Contract, as so amended, provides the terms and con-
ditions for the sale by the District and the purchase by the Government of an
�--- additional series of the District's general obligation bonds (hereinafter called
the "Third 2% Series Bonds") in an aggregate principal amount not in excess of
$130,000 to finance the construction of the Third REA Project; and
WHEREAS, it is intended hereby to provide for the issuance, sale and
delivery of the Third 2% Series Bonds as general obligation bonds of the District;
and
WHEREAS, it is also intended that the Third 2% Series Bonds issued
pursuant to this Resolution shall be secured equally and ratably with the First
210 Series Bonds and the Second 2% Series Bonds by a first lien on and pledge of
the net revenues of the System upon the same terms and conditions in respect of
the revenues of the Donner Lake System provided for in the Second REA Bond
Resolution (the term "System" as hereinafter used in this Resolution also being
deemed to exclude the Donner Lake System until such time as the District has
paid !-n t'ull the purchase price thereof); and
WHEREAS, it is also intended hereby to amend the Second REA Bond
Resolution in certain respects and the Government, as the holder of the First
2% Series Bonds and the Second 2% Series Bonds has consented to such amendments;
NOW, THEREFORE, BE IT RESOLVED by the Board .of Directors as follows:
SECTION 1. Bonds (.hereinafter called the "Third 2% Series Bonds") of
the District in the aggregate principal amount of $130,000 to be known as "Truckee
Donner Public Utility District Electric Bonds, Third 2% Series" shall be issued by
the Di_str l ct to pay the cost of the construction of the Third REA Project.
2 -
Resolut lon
9-2105
Nesolut Lon
9-.'10;)
SECTION 2. The Third 2% Series Bonds shall be issued to the Goverrxierlt
in ,iccordance with law, with the provisions of this Resolut ton and pursuant to the
Loan Contract (as amended by the Amendment). The Third 2% Series Bonds shall be
negotiable in form, of the character known as serial and shall be numbered from
1 to 32, both inclusive. Said Bonds numbered 1 to 18, both inclusive; shall be
in the denomination of $3,000 each; said Bonds numbered 19 to 28, both inclusive,
shall be in the denomination of $5,000 each; said Bonds numbered 29 to 31, both
inclusive, shall be in the denomination of $6,000 each; and said Bond numbered 32
shall be in the denomination of $8,000. All of said Third 2% Series Bonds shall
bear interest at the rate of two per centum (2%) per annum from their date until
paid, payable semi-annually on the first day of May and November in each year with
the first installment of interest payable on November 1, 1970. The principal and
i_iiterest on said Third 2%. Series Bonds shall be payable in lawful money of the
United States of America at the United States Treasury, Washington, D. C. The
Third 2% Series Bonds shall be dated May 1, 1970, and shall bear serial numbers
and shall mature as follows:
BOND NUMBERS AMOUNT MATURITY
1-18 $3,000 annually 5-1-1973 - 5-1-1990
19-28 5,000 annually 5-1-1991 - 5-1-2000
29_31 6,000 annually 5-1-2001 - 5-1-2003
32 8,000 annually 5-1-2oo4
The Third 2% Series Bonds shall be registered as to principal and. interest in the
name of the United States of America.
`~ SECTION 3. The Third 2% Series Bonds shall be substantially in the following
farm, the blanks in said form to be filled in with appropriate words or figures, to wit:
y-
_ 3 _
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UNITED STATES OF AMERICA
STATE OF CALIFORNIA
TRUCKEE DONNER PUBLIC- UTILITY- DISTRICT
ELECTRIC BONDS
THIRD 2% SERIES
No.
For value received, the Truckee Donner Public Utility District, a public
utility district organized and existing under the Constitution and laws of the State
of California, hereby acknowledges itself indebted and promises to pay to the bearer
thousand dollars ($ ) on the first day
of , 19 , unless this bond be sooner redeemed as hereinafter
provided), with interest thereon from the date hereof at the rate of two per centum
(2%) per annum, payable semi-annually on the first day of May and the first day of
November of each year, beginning November 1, 1970.
This bond is issued under and in strict compliance with the Constitution
and laws of the State of California and under and pursuant to proceedings of said
District duly adopted and taken.
This bond is subject to redemption, at the option of said District, prior
to the maturity date hereof, on any interest payment date, at' par plus accrued
interest to the date of redemption. Notice of the redemption hereof shall be given
by said District by sending to the registered owner hereof 30 days notice in writing
by registered mail. After the date fixed for such redemption, intereston this bond
thereafter shall cease.
It is hereby certified, recited and declared that all acts, conditions
and things required by law to exist, happen and to be performed precedent to and
in the issuance of this bond have existed, happened and been performed in due time
form and manner as required by law, and that the amount of this bond, together with
all other indebtedness of said District, does. not exceed any limit prescribed by
the Constitution or laws of the State of California. The full faith and credit
of said District are hereby pledged for the punctual payment of the principal of
and interest on this bond.
IN WITNESS WHEREOF, said Truckee Donner Public Utility District has caused
this bond to be executed in its name and on its behalf, under its seal, signed by the
1resident of its Board of Directors and by its Treasurer, and countersigned by its
Clerk, and this bond to be dated the lst day of May, 1970.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
by
President of its Boar of Directors
Countersigned:
Clerk of Truckee Donner Public Utility District
- 3A -
Resolution
9-2105
- I�-y
Resolution
9-2105
REGISTRATION STATEMENT
May 1, 1970
This bond i:. registered pursuant to the statute in such cases made and
provided in the flame of .the UNITED STATES OF AMERICA and the interest and princi-
pal thereof are hereafter payable to such owner.
Treasurer of Truckee Donner Public Utility
District
SECTION 4. The Clerk of the District is directed to cause the Third 2%
Series Bonds to be lithographed, to cause the blank spaces thereof to be filled in
to comply with the provisions hereof, to procure their execution by the proper
officers, and to deliver them to the Administrator of the Rural Electrification
Administration of the United States of America.
SECTION S. The Third 2% Series Bonds shall be sold by the Board of
Directors at the par value thereof subject to the credit for accrued interest,
all in accordance with the provisions of the Loan Contract. All credit memoranda
received upon the issuance of. such Bonds from the Government shall be held by the
District until the next interest payment date on such Bonds with respect to which
such credit memoranda may have been issued, and on such next interest payment
date following the receipt of such credit memoranda, such credit memoranda shall
be delivered to the Government in payment of the interest represented thereby.
SECTION 6. The President of the Board of Directors is hereby author-
ized and directed, as such officer, to sign each of the Third 2% Series Bonds
on behalf of the District, and the Clerk of the District is hereby authorized
,•� and directed to countersign each of such Bonds and affix the seal of the Dis-
trict thereto. Such signing, counter-signing and sealing shall be a sufficient
and binding execution of the Third 2% Series Bonds by the District. In case
any of such officers whose signatures or countersignatures .appearing on such
Bonds or coupons shall cease to be such officer before the delivery of such Bonds
to the Government, such signatures or countersignatures shall nevertheless be
valid and sufficient for all purposes the same as if they had remained in office
until the delivery of the Third 2%.Series Bonds.
SECTION ). Until definitive Third 2% Series Bonds are ready for
delivery, the District may execute and deliver in lieu thereof one or more type-
written, printed, or lithographed interim certificates substantially in the forts
of said Bonds as set forth in Section 3 above, with such insertions, variations,
and omissions as may be appropriate and with the following language added:
This certificate is issued solely for the convenience of the District
pending preparation and execution of the definitive. Bond hereby repre-
sented and acceptance of this certificate in lieu of said Bond shall
not in any way prejudice the rights and privileges of the holder hereof,
or in any way limit or impair the obligations of the District, but all
such rights, privileges and obligations shall be determined as if a
properly execurod and otherwise valid definitive Bond had been delivered
in place hereof.
,., SECTION 8. In case any of the Third 2% Series Bonds shall become mutif"
lated or be destroyed or lost, the District shall cause to be executed and de-
livered a new Bond of like date and tenor in exchange and substitution for, and
upon cancellation of, the mutilated Bond , or in lieu of and substitution for the
Bond so destroyed or lost, and if any such Dopd so mutilated, destroyed or lost
shall have matured, the District may pay the sane in lieu of delivering; a new
bond in substitution therefor. The applicant for such substituted Bono'i or pay-
ment shall furni.tih evi(lence satisfactory to the District of the destruction or
loss of any destroyed or lost Bond and shall also furnish indemnity satisfactory
to the Dictrfet and comply with the requiremears of the District in connection
therewith.
- 4 -
SECTION 9. Any of the Third 2% Series Bonds at the time outstanding
shall be subject to redemption at the option of the District, as a whole or in part,
in inverse numerical order, on any interest payment date, at the principal. amount
thereof plus accrued interest thereon to the date of redemption. Notice of the
redemption of any of the Bonds shall be given by the District by notice in writing
sent to the registered owner not less than 30 days prior to the date fixed for such
redemption. The Clerk of the District shall at all times maintain a record showing
the names and addresses of the holders of the Third 2% Series Bonds and of the serial
numbers of said Bonds held by each such holder. After the date fixed for such
redemption of any of said Bonds, interest on such of the Bonds shall cease.
SECTION 10. All Third 2% Series Bonds issued pursuant to this Resolution
which shall be returned or surrendered to the District by reason of the payment or
redemption thereof, or for exchange or for any other reason, shall be forthwith
cancelled and cremated and a certificate in respect of such cancellation and cremation
executed by the Clerk of the District shall be affixed to the appropriate records of
the District.
SECTION 11. In order to secure equally and ratably the payment of the
principal of and interest on the First 2% Series Bonds, the Second 2% Series Bonds
and the Third 2% Series Bonds (the First 2% Series Bonds, the Second 2% .Series Bonds
and the Third 2% Series Bonds being hereinafter sometimes collectively called the
"Bonds"), according to their tenor and effect without preference, priority, or
distinction as to the lien or otherwise of any of the said Bonds over any other
of said Bonds by reason of the priority in time of.the execution, delivery, or
maturity thereof, or the assignment or- negotiation thereof, or otherwise, and further
to secure the due performance of the covenants,. agreements and provisions in this
Resolution contained, and for the uses and purposes and upon the terms, conditions,
and provisos herein expressed and declared, the District does hereby irrevocably
pledge, assign and set over unto the Government, and its assigns, all revenues to
the extent herein provided derived by the District from the sale of electric energy,
or other service rendered or furnished by the District by or through the System,
after deducting therefrom the actual cost of the operation and maintenance of the
properties of the District from which such revenues shall be derived, provided,
however, that there shall not at any time be included in such cost of operation
and maintenance any amount to pay or make provisions for the payment of the princi-
pal of or interest on any indebtedness of the District maturing more than one (1)
,... year after the date of the .incurrence thereof, or any allowance for depreciation
or obsolescence (the revenues specified in this paragraph as being pledged hereby.
F being hereinafter called the "Revenues"), and a first, prior and paramount lien
on the Revenues for such purpose is hereby created.
SECTION 12. The Second REA Bond Resolution is amended by deleting there-
from section 12 thereof (relating to certain .acceleration of payments).
SECTION 13. In order to provide increased sinking fund payments required
in connection with the execution and delivery of the Third 2% Series Bonds,
section 12 of the First REA Bond Resolution and section 13 of the Second REA Bond
Resolution are superseded by a new section numbered and reading as follows;
SECTION 13. The District shall, on or before the first of each month
commencing with the month of August 1970, pay over and deposit out of the
Revenues for the preceding month the sum of $2,220 a month to and including
the month of February 1972, and the sum of $21 470 a month thereafter, plus the
amounts of any deficiencies in said amounts in the previous months due to
inadequacies of revenues, in one or more banks (each of which is herein some-
times referred to as a "Depositary") which shall have been approved by the
holder or holders of not less than a majority in principal amount of the
Bonds at the time outstanding (hereinafter collectively called the "Majori-cy
Bondholders") in a special sinking fund or funds in the Depositary or
Depositaries (such special sinking fund or funds being hereinafter collectively
called the "Special Revenue Fund") to be held for the benefit of all of those
who shall from time to time hold any of the Bonds (hereinafter sometimes
collectively called the "Bondholders") upon and- subject to the terms and con-
ditions in this Resolution contained, until there shall have been accumula}ed
in the Special Revenue Fund an amount of money (hereinafter called "Current
Requirements") sufficient for the payment of (1) the portion of the principal
of and interest on the Bonds which shall have become due but which shall be
unpaid, if any, and (2) the portion of the principal of and interest on the
Bonds which shall become due during the next two months. The District shail
also pay into the Special Revenue Fund all of the remaining Revenues, if a_ly,
until there shall have been accumulated in the Special Revenue Fund an amo-Int
of money (hereinafter called "Reserve Requirements") which shall be suffic=ent
for the payment of the portion of the principal of and the interest on the
notes which shall become due during the next succeeding calendar year. Any
revenues remaining after the 'Current Requirements and Reserve Requirements
- 5 -
Resolution
9-2105 `
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each year until the Bonds are paid or until the moneys in the :special Revenue
Fund or Speciaal t:evenue funds shall be in excess of Current Requirements and Re»
Serve Requirements, a tax sufficient to increase the Special Revenue Furd to such
atuounC. The tastes herein required to be levied and collected chall t)e in addi-
tion to all other taxes levied for District purposes .and shall be collected at
the time and in the same manner as other District taxes are collected and shall be
used for no purpose other than for the payment of interest and principal on the Bonds.
SECTION 18. The District shall cause to be prepared and shall adopt and
Iowa- promulgate a schedule of rates and charges for electric energy to be furnished by
the System to its consumers calculated to provide funds sufficient to meet the
requirements as specified in this Resolution, and to provide for all expenses of
operation and maintenance of the System, including reasonable reserves therefor
and said rates shall, .whenever necessary, be revised by the District to meet
said requirements.
SECTION 19. Except to secure the Bonds and loans made by* the Government to
the District, the District shall not, without the consent of the Majority Bond-
holders, hereafter charge, assign, pledge, mortgage- or otherwise encumber any of its
property, real or personal, tangible or intangible, wherever situate, or the rev-
enues arising therefrom.
SECTION 20. The District -shall duly and punctually pay the principal of
and interest on the Bonds at the dates and places and in the manner provided there-
in;according to the true intent and meaning thereof, and also all other sums becom-
ing due hereunder.
SECTION 21. The District shall at all times, so long as any of the Bonds
shall be outstanding, take or cause to be taken all such action as from time to time
may be necessary to preserve its corporate existence and to preserve and renew all
franchises, rights of way, easements, permits, and licenses now or hereafter to it
granted or upon it conferred, and shall comply with all valid laws, ordinances, re-
gulations, and requirements applicable to it or its property. The District shall
not, without the approval in writing of the Majority Bondholders take or suffer to
be taken any steps for reorganization or to consolidate with or merge into any other
corporation, or to sell, lease, or transfer for make any agreement therefor) any of
its properties, or any part thereof.
SECTION 22. The District shall at all times maintain and preserve its
properties and each and every part and parcel thereof in good repair, working order
and condition, and shall from time to. time make all needful and proper repairs,
renewals, and replacements and useful and proper alterations, additions, betteir"ients,
and improvements, and shall, subject to contingencies beyond its reasonable control,
at all times keep its plants and properties, in continuous operation and use all
reasonable diligence to furnish the consumers served by it with an adequate supply
of electric energy and other services. furnished by the District.
SECTION 23. Except as specifically authorized in writing in advance by the
Majority Bondholders, the District shall purchase all materials, equipment, and re-
placements to be incorporated in or used in connection with any of its properties oLt a•
right, and not subject to any conditional sales agreement, chattel mortgage, bailment
lease, or other agreement reserving to the seller any right, title, or lien.
SECTION 24, The District shall take out; as the respective risks are in-
curred, and maintain insurance of such classes and in such amounts, and from time to
time make such changes in respect thereof, as the Majority Bondholders shell have de-
termined to be advisable to safeguard the interests of the Bondholders. he District
shall, upon request of the I�.a jori.ty Bondholders,submit to the Bondholder designated i.-i
such request a schedule of its insurance in effect on the date specified in such re-
quest and also originals or duplicate originals of such insurance policies as may be
requested. If the District shall at any time- fail or refuse to ta!-e out or maintain
- 7 -
Resolution
9- 105
a j ,
insurance or to make changes in respect -thereof upon appropriate request by such
Bondholder or Bondholders, such Bondholder or Bondholders may take out such insur-
ance on behalf .and in the name of ttie` District and the District shall pay the cost
thereof.
SECTION 25. In the event of the failure of the District in any respect to
comply with the covenants and conditions herein contained with respect to the pro-
,..,, curing ,of insurance, the payment. of taxes, a-ssessr�erits, and other charges, the keep-
ing of its properties in repair and fre6,.of liens and other claims or to comply with
any other covenant ,contained in this Resolution, any Bondholder or Bondholders shall
have the right (without prejudice to any other rights arising by reason of such de-
fault) to advance or expend moneys for the purpose'of procuring such insurance, or
for the payment of insurance premiums, taxds'-, assessments, or other charges, or to
save the properties of the District from"sale or forfeiture for any unpaid tax or
assessment or otherwise, or to redeem the same from any tax or other sale, or to pur-
chase any tax title thereon, or to remove or purchase any mechanics' liens or other
encumbrance thereon, or to make repairs thereon, or to- comply with any other covenant
herein contained, or to prosecute or- defend any suit in relation to the properties
of the District, or in any manner to protect the properties of the District and the
title thereto, and all sums. so. advanced for any of the aforesaid purposes with in-
terest -thereon at the rate of five,per centum (5%) per annum shall be deemed a
charge upon the Revenues in the .same manner as the Bonds at the time outstanding are
secured and shalt be forthwith paid to the Bondholder or Bondholders making such ad-
vance or advances upon demand. it shall not be obligatory for any Bondholder in.
making any such advances or expenditures to inquire into the validity of any such
tax title, or of any of such taxes or asses6ments or sales therefor, or of any such
mechanics' liens or other encumbrance.
SECTION 26.. The District 'shall not, without the approval in writing of the
Majority Bondholders, (a) construct, make, lease, purchase, or otherwise acquire any
extensions or additions to the System, or enter into any contract in respect thereof,
except such extensions or additions as.may be financed with loans evidenced by.the
Bonds; (b) enter into any contract or contracts for the operation or maintenance of
all or any part of the System, for the purchase of electric energy or for the use by
.others of any part of the System; of (c) incur any expenses for legal, engineering,
supervisory, accounting, or other similar services for the System, except such reason-
able expenses as are .incurred in the routine -course of business.
SECTION 27, The District sh-all at all times keep proper books, records, and
accounts in -which full and true entries will be made of all of the dealings, business,
and affairs of the District, in accordance 'With good accounting practice. The District
shall furnish to each Bondholder; ' (a) not- less than once each month, a statement of
operations for the preceding month, including", without limitation, an analysis of the
System's revenues, expenses, and consumer accounts for the preceding month, and, if
directed by the Majority Bondholders, such statement shall be in such form and include
therein such information as may be specified' in -such direction; ' and (b) within thirty
(30) days after the close of each fiscal year`full and complete reports, certified by
its Treasurer, of its financial condition as of the end of such fiscal year and of its
System operations for such period, and -if requested by the` Majority Bondholders, such
reports shall be audited and certified by independent public accountants satisfn.ctory
to such Bondholder or Bondholders. Any Bondholder, through its agents, representatives,
accountants, or attorneys, shall 'at all times 'during` reasonable business hours have
accees to, and the right to inspect and make copies of, any or all books, records, and
Accounts and any or all invoices, contracts, leases, pay rolls, cancelled checks, State-
ments, and other documents and papers of every kind belonging to or in the possession
of the District or in anywise pertaining to its-business or the System.
SECTION 28. The District hereby covenants and agrees for the benefit of
the Bondholders, that it will from time to time adopt such further resolutious or n►ak, ,
execute, deliver or record such further instru-meats and further L.ssurances or do and
perform such acts and things as may now or hereafter be authorized' by laur, or as may
reasonably be required to comply with the terms and conditions of this Resolution and
the Loan Contract or with any laws of the State of California now or hereafter en,zctct-1
Resolution - 8 -
9-2105
Reso on
9-210
Si;CTION 29, Any Bondholder may, at any time or times in succession with_
out notice to or the consent of the District and upon such terms as such Bondholder
may prescribe, grant to any person, firm, or corporation who shall have. become obli--
gated to pay all or any part of the principal of or interest on any Fond held by or
indebtedness owed to. such Bondholder or who may be affected by the lien hereby.
created, an extension of the time for the.-payment. of such principal or interest, andof ter any such extcnsion the District will remain liable for the payment of such Bond
or indebtedness to the- same extent as though -it had at the time of such extension con-
sented thereto in writing.
SECTION 30 :In the event that- aay properties of the District (other
the Donner Lake System). shall be taken under: the power of eminent. domain, all pro-
coeds and avails therefrom, except to. the extent that all Bondholders shall consent
to other use and application thereof by the District, shall forthwith be paid into.
the Special Revenue Fund..
SECTION 31. The District shall not at any time e�nplo or enter into an c Y y on-
tract for, the employment of 'any manager or superintendent of the System, unless .such
employment or such contract shall first have been approved by the Majority Bondholders.
. If. during such periods as. the District shall be�.in default. in the making of. a payment
or payments of principal. of or interest on- one or snore of the Bonds, the'Ma jority Bond.-
holders shall at any time give notice to the District that, in their opinion, any
such transmission` and distribution system,._transmission .line ox generating plant
which is part of the Systera,. Is not being efficiently. operated, and shall request the
termination of the employment of.'any. such manager or superintendent or of an such
� Y
chief operators engineer or employee or:�shall' request the* termination of any o C..
rating contract in .respect of any such transmission and distributions systems. , trrans
mission line or :gener..ating-:plant which is part of the System, the District shall
terminate such emp.loyeaent or operating. contract. within. thirty (30)- days after the date
.of such notice. All :contracts' in respect of the employment of any such manager or
superintendent, or' any such chief operator, engineer or employee, or for the operace
tion of any such transmission and.distribution system, transmission line or gen-
erating plant, which. is part of the System, shall contain provisions to -permit comp
'�` pliance with the foregoing covenants.
SECTION 32. : The District' shall well .and trulyobserve and perform p all of the
covenants, agreements,. terms, and conditions contained in the Loan Contract on.- its part
to be observed or performed.
SECTION 33.. .Lf o.ne or more of. the following events (hereinafter called
"events of default") shall happen, that is to say:
(a) . default shall be made in the payiaent of an installment of or
Y on
account of interest on or principal of any Bond.or Bonds when and as the
same shall he required to be wade,, and such 'default -shall continue for thirty
(30) days;
(b)' default shall be made in the due observance or performance of any
y
other of the covenants,. conditions, or agreements on the part of the District
in any of the Bonds or in this' Resolution contained, and. such default .shall
continue for a period of thirty (30) days after written notice. specifying
such default and requiring the sane to be reme' died. shall have been given to
the District. by any Bondholder; •
(c) the District shall file a petitfon� in bankruptcy or be- ad udic aced
a bankrupt or insolvent, 'or shall make an assignment for the beneii.t of its
creditors, or shall consent to the appointment of..a receiver of itself or of
�^ its property;-
(d) a receiver for the District or any substantial portion of its i�ea
P prop
ea shell be appointed and the order appointing such receiver shall not b
vacated within 30 days after the entry thereof;.
(e) the District shall forfeit or otherwise be deprived of its cor-
porate charter or franchises, 'permits, or licenses required to carry on
any material portion of its business;-..or
(f) a final judgment shall be -entered, against, the Distract and shall
reni.in unsatisfied or without a stay in respect thereof for a prriod of 30
days;
E
then in each and every such case any Bondholder may, by notice in writing to the Dis-
trict and delivery of a copy thereof to the other Bondholders, declare all unpaid prim
cipal---of and .accrued interest on any or all notes held by such Boneholder to be due
and ,a able inmiediately; and upon any such declaration all such unpaid principal and
p Y
accrued interest so declared to be due and payable shall become and be due and -}gay-
able ir,cnediately, anything contained �ierein or in any Bona or Bonds to the contr,
,. t
notwitnstapaing; providea, owever, LiLUL it dL al-LY CA[Cte a�:Lt:i L.►►c u►iir�ctA.� �A.J_ ,ij��
of and accrued interest on any of the Bonds shall. h ave been so declared to be due
and payable, all payments in respect of principal and interest which shall have be-
P
come due and payable by the terms of such Bond 'Or_ Bonds shall be paid to the respect-
ive Bondholders, and all other defaults hereunder and under the Bonds shall have been
made good or secured to the satisfaction of all of the Bondholders, then and in every
such case, the Bondholder or Bondholders who shall have declared the principal of
and interest on notes held by such Bondholder or, Bondholders to; be due and payable r:oy,
by written notice to the District and delivery of a copy thereof to the other Bond-
holders, annul such declaration or declarations and waive such default or defaults and
the consequences thereof, but no such waiver shall extend to or affect any subsequent
default or impair any right consequent thereon,
SECTION 34.- If one or more of the events of default shall happen the Majority
Bondholders, for itself or themselves and as the agent or agents of the other Bond-
holders, personally or by attorney or trustee selected by such Bondholder or Bondholders,
in its or their discretion, may, in so far as not prohibited by law:
(a) collect and receive all moneys then on deposit in the Special
Revenue Fund and apply said moneys ratably, first, fto fhe payment of in-
debtedness secured by the Revenues pledged herein other than the principal
of or interest on the Bonds; second, to the ratable payment of interest
which shall have accrued on the Bonds and which shall be unpaid; third, to
the ratable payment of or on account of the unpaid principal of the Bonds;
and the balance, if any, shall be paid to whosoever shall be entitled there-
to; -and the Board of Directors, by the adoption of this Resolution, does
hereby approve such payment of the moneys in the Special Revenue Fund to
such Bondholders and does hereby expressly authorize and direct the appro-
priate officers of the District, upon written demand of such Bondholders,
forthwith to sign and deliver all necessary written orders or other docu-
ments in writing for such payment to such Bondholders of all moneys in the
Special Revenue Fund to be applied as aforesaid;
(b) proceed to enforce the rights of the Bondholders under this Reso-
lution by mandamus or by a suit or suits in equity or at law, whether for.
the specific performance of any covenant or agreement contained in this
Resolution or in the Bonds, or in aid of the -exercise of any other right
or power herein or by law or by statute granted or for the enforcement of
any other appropriate legal or equitable remedy as may be deemed most
effectual to protect and enforce the rights of the Bondholders hereunder
and to levy or cause to be levied taxes in amounts sufficient to protect
such rights;
(c) upon application to a court of competent jurisdiction, have
appointed, as a matter of right, . a receiver of the System, including all
tolls, rents, revenues, issues, incoaiie, receipts, profits, benefits, and
additions derived, received or had thereof or therefrom, with power to
operate and maintain the System, 'collect, receive and apply all revenue,
income, profits :nd receipts arising therefrom, and prescribe all rates,
tolls and charges, in the same way and manner as the District might do;
whenever all defaults in the payment of principal of and interest on the
,..-. notes and any other defaults under this Resolution shall have been made
good, such receiver shall be discharged by the court and shall surrender
control of the business C-111d possession of the property in his hands to the
District; and
(d) take possession and control of the System and proceed to operate
the same and to collect and receive the -income thereof, and after paying
all necessary and proper operating expenses and all other proper disburse-�
meat's or liabili Lies made or incurred in connection t��ith such operation, tt:,e
the surplus, if any there shall. be, as follows: First, in the paym�,nt Of all
outstanding past due interest on the Bonds, so fa;: as said net revenues cell
go, and paying pro rate the interest due on each Bonet when there is not
Resolution - 10 -
9-2105
Resolution
9-2105
enough to pay in full ail of the interest due on all the Bonds, and
second, if any sums shall remain after the payment of interest as afore
said, then in the payment of the principal of the Bonds which, by the terms
thereof, shall be due and payable in accordance with the terms thereof, and
paying pro rata when the money available is not sufficient to pay in full;
.when all legal taxes and charges, and all arrears of interest, and all
matured principal of the Bonds have been paid in full, the control of the
business and the possession of the System shall then be restored to the
District. The privilege herein granted shall be a continuing one so often
as the occasion therefor shall arise. -
SECTION 35. Ail of the provisions of this Resolution shall constitute a
contract between the District and the Bondholders, and no amendment, alteration or
modification of this Resolution shall be made which shall in any manner impair
g
Impede or lessen the rights of the holders of the Bonds then outstanding.
p
SECTION 36. Every right or remedy herein conferred upon or reserved to
the Bondholders shall be cumulative and shall be in addition to every other right
and remedy given hereunder or now or hereafter existing at law or in equity
g uit or b
statute; and the pursuit of any right of remedy shall not be construed as an y
election.
SECTION 37. The proper officers of the District are hereby authorized
empowered and directed, for and on behalf of the District and in its name, to dog
and perform all acts and things and to execute and deliver all instruments which
they shall, in their discretion, deem necessary or advisable to carry out and give
effect to the terms and provisions of this Resolution.
SECTION 38. If any paragraph, section, subdivision, sentence, clause,
phrase or portion of this Resolution shall for any reason be held illegal or invalid
or unenforceable, such decision shall not affect the validity of the remaining
portions of this Resolution and the Board of Directors hereby declares that it would
have adopted this Resolution and each and every paragraph, section, subdivision,
sentence, clause, phrase or portion hereof and authorized the issuance of the Bonds
pursuant hereto irrespective of the fact that any one or more paragraphs, sections,
subdivisions, sentences, clauses, phrases or portions of this Resolution may be held
illegal, invalid, or unenforceable.
SECTION 39. This Resolution shall take effect immediately.
PASSED AND ADOPTED THIS 7th day of July 19 70.
President, Board of Director of Truckee Eonner
Public Utility District
CERTIFICATE
Clerk of TRUCKEE DONNER PUBLIC UTIL
ITY DISTRICT
(hereinafter called the "District") do hereby certify that the attached Resolution
is a full, true and correct copy of the Resolution duly adopted by the Board of
Directors of the District at a meeting of the Board of Directors of the District,
duly convened and held pursuant to and in accordance with the bylaws of the District
and the laws of the State of California on the 7q-4 day of Jj/�y
19710 , and that said Resolution is still in full force and effect.
T IN WITNESS WHEREOF, I have hereunto subscribed my name as Clerk and affixed
the corporate seal of the District.
r
Clerk o Truc ee Donner Public Utility District
(Corporate Sear
- 11 -
:- 2 -
Vote on Resolution No. 7011 was in order. Resolution
No,. 7011 passed and adopted this 7th day of July, 1970 , by the
following roll call vote:
AYES: Doyle , Rose ,
Loehr , Stone ,
Moore
NOES: ,
ABSTAIN: , •
No further business appearing, the meeting was
adjourned.
w
Secretary
July 7 19 70 Page 114
WAIVER OF NOTICE
We, the members of the Board of Directors of Truckee Donner Public
Utility District (hereinafter called the "District") waive all notice
of the time, place and purpose of a special meeting of said Board of
Directors at Donner Pass Street, in Truckee, State of California, as
the place, and the 7th day of July, 19 70, at 7:30 P.M. , as the time for
the holding of such meeting for the purpose of acting upon:
RESOLUTION NO. 7011
A RESOLUTION PROVIDING FOR THE ISSUANCE OF $130,000
PRINCIPAL AMOUNT OF BONDS OF TRUCKEE DONNER PUBLIC
UTILITY DISTRICT; PRESCRIBING THE DATE AND FORM OF
SAID BONDS; PRESCRIBING THE INTEREST RATE AND THE
MATURITIES THEREOF AND THE SALE THEREOF TO UNITED
STATES OF AMERICA; AUTHORIZING THE EXECUTION OF SAID
BONDS; PROVIDING FOR THE LEVY OF TAXES FOR THE PAY-
MENT THEREOF; AND PROVIDING FOR THE PLEDGING OF
REVENUES TO SECURE SUCH PAYMENT.
IN WITNESS WHEREOF we have hereunto set our hands this 7th day of
July, 1970,
Paul A. Doyle
la _
David C. Rose
Henry G. Loehr
L
Nelson Stone
Robert I. Moore
being all members of the Board of Directors of Truckee Donner Public
Utility District.
July 7, 1970 Page 114 A
CERTIFICATE OF SECRETARY
I, GEORGE CATTAN, do hereby certify that: I am the Secretary
of the Truckee Donner Public Utility District, Nevada County, California;
the attached is a correct copy of the original minutes entered in the
minute book of the District of the Special Meeting of its Board of
Directors held July 7, 1970; at the meeting all members of the Board
were present and acted throughout; the form of Resolution No. 7011 incor-
porated the attached copy of the minutes is a- correct copy of the form
thereof adopted by the Board; and said resolution has not been rescinded
or modified.
IN WITNESS MiEREOF I have hereunto set my hand and affixed the
seal of the District this 7th day of July, 1970.
(SEAL�
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•
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July 7, 1970 PAGE 115
R i
7r.. "`Y:R�'`�S any <r-arJ` &' t �i_. �{•�5E ,t. :v,� t > .;x 6 p .
1 _�: f 527:.J�.,1�� � k-r.Y' .3t'r�•' dt'.i€F N-" ,�'SY{ __ .. -
} .. of
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(h t called the "-District") , a public utility diS_XX_1 .
and existing under the laws of the State of California, and of the Board of
the
..District (here inaf ter called the 1%o►aa :,of D ar aft -
n_
;� .rp�i�, r'>R c•°- h r,..; v K :_ - ¢ �ti 3_ 'r .� 1 ���f5'�v4_..'��+t.'•
} ,. ,•}r�t.d _ .,� !lF, ,,yy** A , 1 - i. 5: f y r _ ...i.4' /._ ►a:;:
' E4te thon t, w at i/f �/- -
-, Mtnr y
uly
1970
`!•� 1 .t T - - _ •l� a' �� i.'.: „ 'Q
... 4 we
signed ond executed
j
+ �# S dated as of May 1, 19 70, in the t,
1 f��j.
$130,0010, to be cue 1 i ve red to the UNITED STATES of A .RI CA in lieut
pending delivery of the definitive "Truckee Public Utility District Elec-
tric Bonds, Third 2 a Series" (hereinafter called the "Bonds") , in an aggre-
gate principal amount not in excess of $130,000, bearing interest at the
rate of two per centum per annum; authorized to be issued to the United
States of America under and pursuant to Resolution No. 701 i , adopted by the
Board of Directors on July 7, 1970. Ile ce rt.1 fy that, at the date of such
signing and execution, and on the date hereof, we were and are the duly
chosen, qualified and acting officers authcrized to execute said interim
certificates and the Bonds for they are exchangeable and holding the
offices indicated by the off cial titles opposite our respective names.
WE FURTHER CERTIFY that no lit uat i oJi of any nature is now pending or
threatened (either in State of 1�ederal courts) restraining or enjoining the
issuance, sale, execution or dei ivery s:>f said interim cernfi.cates or the
Bonds for which they are exchano,eai>Ic, or the construction of the Project
(REA Project, California 44-C: Truckee) , or in any manner questioning the
authority or proceedings for the issuance, sale, execution or delivery of
said interim certificates or the Bonds for which they are exchangeable, or
affecting the validity of said interim certificates or the Fonds for which
they are exchangeable, or the construction of said Project; that neither
the corporate existence of the District nor the title of its present offi-
cers to their respective offices is being contested, and that no proceed--
July 7, 19 70 PAGE 116
2 -
k
ings or authority for the issuance, sale, execution or delivery of said
j
interim certificates or the Bonds for which they are exchangeable have or
has been repealed, rescinded or revoked.,
WE FURTHER CERTIFY that the seal which has been impressed upon said
interim certificates and upon this certificate is the legally adopted,
proper and only official corporate seal of the District.
WITNESS our hands and said corporate seal this Seventh day of July,
1970.
EXP I RAT ION OF
SIGNATURE OFFICIAL TITLE TER1%I OF OFFICE
President, Board of Directors 11-30-71
� f
V `jV Secretary At pleasure of Board.
Treasurer At pleasure of Board.
The signatures above and upon the above-described interim certificate
guaranteed as those of the officers respectively designated above.
BANK OF AMERI CA
(Member Federal Reserve System)
k BY
1
4
7
�g
I
e
i
July 7, 19 70 PAGE 116 A
}
zo-
WAIVER OF NOTICE
We, the members of the Board of Directors of Truckee Donner Public
Utility District (hereinafter called the "District") waive all notice
of the time, place and purpose of a special meeting of said Board of
_ F Directors at Donner Pass Street, in Truckee, State of California, as
M
the place, and the 7th day of July, 19 70, at 7:30 P.M. , as the time for
the holding of such meting for the purpose of acting upon:
RESOLUT I OiN NO. 7011
A RESOLUTION PROVIDING FOR THE ISSUANCE OF $1303%000
PRINCIPAL AMOUNT OF BONDS OF TRUCKEE DONNER PUBLIC:
UTILITY DISTRICT; PRESCRIBING THE DATE AND FORM OF
SAID BONDS; PRESCRIBING TI ' INTEREST RATE AND THE
MATURITIES THEREOF AND THE SALE THEREOF TO- UNITED
STATES OF AMERICA; AUTHORIZING THE EXECUTION OF SAID
BONDS; PROVIDING FOR THE LEVY ,OF TAXES FOR THE PAY-
MENT THEREOF; AND PROVIDING FOR THE: PLEDGING OF
REVENUES TO SE CURE SUCH PAYMEIIN7.
IN WITNESS WHEREOF we have hereunto set our hands this 7th day of
July, 19 70.
Paul A. Doyle
David C. Rose
'.?
Henry G. Loehr
Nelson Stone
Robert I. Moore
being all members of the Board of Directors of Truckee Donner-. Public
Utility District.
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July 7. 1970 PAGE 117
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TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
P. O. BOX 30B
TRUCKEE, CALIFORNIA 95734
Telephone 587-3896
AGENDA
FOR
BOARD OF DIRECTORS
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
JULY 21, 1970 - 7:30 P.M.
1. Roll Call
2. Approval of minutes of regular meeting of July 7, 1970 and of
Special Meeting of July 7, 1970 (REA)
3. Bills paid and bills for Board's approval
4. Sierra Meadows - Water Tank
S. Fred Tombolini - Booster Site
6. Prosser Lakeview Estates Units 4 and 5
7. Line to Martis Valley
8. Resolution 7012, Amendment to Resolution 6701, Irrigation and
Outdoor Lighting Sections
9. Nick Camola, Sha Neva Company, easement