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HomeMy WebLinkAboutRES 1973-06 - Board i t1 l i► I� 11 RE SOLI TTION Noe 7306 of 2 DONN ER PUBLIC UTILITY DISTRICT TRUCKEE � {► R ,I CONDITIONALLY APPROVING PROPOSED AGREEMENT O WITH SIERRA PACIFIC POWER COMPANY 1; AND LEASE 5 r ELECTRICAL FACILITIES HE DISTRICT'S ELE C ,, C)F T • � +1 • District, (hereinafter r erre , -- Donner Public Utility '} WH ERE As, Truckee di s- 7 E► organized public utility " a body politic and, duly 8 I to as "DISTRICT, is y . f California, including to the lave s of the State o trict, under and pursuant �+ 'tin 15 501 and following o the 'c Utility District Act, Section 10 California Pub y ' Public Utilities Cade, and California 11 `J s� of its utility services, owns, m 1 - � aid "DISTrRiCT as apart 12 WHEREASs s � s and • transmission, distribution, • operated facilities for the 13 tarns and ale of electrical energy, and 14 s Code hereinabove referr d ��I of said Public 15 Ut�.l.ities C "� WHEREAS, Section 1643 1 W I' ease or disposal of District rea It anion tether things the 1 11 t�, authori.ze s g 1S ,{ t of the Board it is for the and personal p p Y �1 ro ert , when In the judgmen �� of the District so to do; an lg best interests !i D'strict, have concluded ,after 19 11WHEREAS, the Board Of Directors of the. � reasons more fully et firth 'n the recitals of a propose 20 11 study and for re • • . b the Sierra Pacific Agreement and Lease submitted to said Distr�c �' 21 ► c said District to accept 's in the best interests �f ',j Power Co. , that it 1 22 `� o Sierra Pac 't facilities t �� and to lease its electrical ut�. 1 y 23 said proposal with the terms of that � stantial cc�nfc�rrnit�' ,i •c Power Company in sub 24 fi .I a Pacific Power Company, to-� with Sierra reemFnt and Lease ��il certain Ag 25 ndin or modification thereto, 26 gether with a memorandum of under sta g . and marked Exhibit "A' and hereto attached an copies of which are 27 p ..- I1 it " respectively. 2$ onditions precedent set 29 f Subject however to compllanCe with the c - including without limita Agreement and Lease, g i forth i n said proposed g - 0 � Agreement and Lease there � of said proposal. and 31 tip}n the submission I the "DISTRICT. under to approval " r b the electors of - 1 AND CHAMBERLAIN CHAMBERLAINI. ATTORNEYS AT LAW �! s SANK OF CALIFORNIA BLDG. � AUBURN. CALIFORNIA =� Page 78 1) ll ,; I; ii � BOARD OF DIRECTORS � R BE IT RESOLVED BY THE B ry. ?,t NOW THER,EFO E, �• ;+ as follows: UTILITY DIS'rRIC'T, - DONNER PUBLIC OF TR,jJCKEE - Donner Pub 'rectors of Truckee Don s: ti ' 1 . That .the Board °f 1 Section • or the best interests Of +i determines that It is f 4 li c Utility District hereby ' mto the Agreement ade by and enter in e District to accept the proposal 5 shown in copy th Sierra thereof rra Pacific Power Company, 6 ! as i, and Lease wi f �, >> - •n the memorandum of I; attached hereto, marked Exhibit A, �.ncludi g j or modification thereto; g understanding � ith one of the conditions prece i - Section 2. That n accordance w • ion shall be held in said District, within ninety days dent, a special elect �'0 mit to the qualified elector in the manner allowad by law, to sub 11 time and District the CaLle�tlnn as to whether or not said District should 12 ,� of the Dist i with Sierra • ro osal and enter into said Agreement and Lease j 1 3 accept said p p p 14 'i'; Pacific ,Power Company. of the District, including 3 That the staff and officers 15 Section �i ;► and directed to take �i�� <)c�-ion s net- ' r�ct le al counsel, are authorized 16 Dis g � ro riate to effect and finalize said Agreement and Lease, 17 �� es sa.ry or app P 4 e rov 18 isions of this Resolution. �: and to effectuate the p ra ra 19 1�1 h, clause or provision Section 4 That if any sectiOt's pa g p it shall for any reason be held to be invalid or unenforceable, 20 t, o f this R ;,c}ludo n ! ch section, clause car p - dit or unenforC-eability of su 2i the invalidity !' 'n rc�vi5ions of this Resolution* t,n shall not affect any of the rem ai 22 visi meeting of the Board of Directors 23 ;; Passed and ado ted at a regular g '! ' L 1973, by the following vote: •strict this 3 rd day of ,�pr� , 24 of said Dist I R• .fin erson 25 AYES: Dir�i c t.o r s ehr 26 R. 1\1aters ;, D• Xnders on `!, NOES: Directors Stone y'� ABSENT: Directors rctors , !; .S; � �! _ ER PUBLIC UTILITY DISTRICT TRUCK D NN 29 (SEAL) �- t. e oar o i ectors thereto . 30 �1 r7s � t. I � f. 31 ' :e. TEST: f: 32 r t eo �.._ CHAMBERLAIN AND CHAMBERLAIN 2 — —' ATTORNEYS AT LAW I! k BANK OF CALIFORNIA BLDG. page 7 d AU9URN. CALIFORNIA t I