HomeMy WebLinkAboutRES 1964-02 - Board aasoLvrnan so. "102
(assorarrum or Acc�sraresl
BE IT BSSOLV� BY TH8 8071�D O! DIRSCTOIli CW !9B TAOCICSB Yt�i.IC
UTILITY DISTxICT as follcmax
That t2u BagSa�erLg Sestric� Ooatraei dateA ,Taaaary 13. 1964
be the Tsucl[M PUbI.JLC ULUfty Dt"Ir aed rge 8.
Erskine & Iac. of Nealo Cal I be
and it is hereby accepted bY the am of ID torso
BS IT P(JRTHSR BESOLVSD:
That the Ps e aidant of the D oasd of Dls�ctors and tho
Clerk of said Boasd be awd they are b*xvby auWpsisb tp
execute fire contract to the aaa of said ioasd.
Passed by the Board of D s on Wis 17th day of Jaauary• 1964
by tha Eollwlnq roll call vobi
Ayess a, NciVer, Spillnes, Pirpo
Noes: ItonAm
Absents Kaspiaa
?RIICKLfi'+ PUML-TC U?ILItY DISTRICT
8Y
Psuldeat o! the bard of Directors
J►TTIiST:
Cluk and tzrotf lc sLary
I, Franc is Longo. sz-ptficio sacs*tary of tbs ?sucku lnblic tJtillty
Dlatrict do h�saby C�stlty tDit the abov! 1s � true a nd costect
copy o f the a i autes of the sogulas mutieq of tour 8o�s�d of Dlr*ctor t
of the Tzuckea Public Util ity District he]Ldm the 17th day, of
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WAIVER OF NOTICE
We, the members of the Board of Directors of Truckee
Public Utility D istr ict::here in after called the "District"} waive all
notice of time, place and purpose of a special meeting of said Board
of Directors and fix Main Street, in Truckee, State of California, as
the 27th day of January, 1964, at '8a00 o'clock. P.M. , as the time for
the holding of such meeting for the purpose of acting upon:
1. The authorization of the execution of loan contract
with United States of America (hereinafter called the
"Government") , acting through the Administrator of
the Rural Electrification Administration, and which
will provide, among other things, for a loan of not to
exceed $367,000 to finance the construction of certain
improvements, enlargements, extensions betterments and
additions both inside and outside the boundaries of the
District of and to the existing electric system of the
District for the purpose of furnishing electric energy
to approximately 181 additional consumers, such loan
to be financed with the proceeds of an issue of general
obligation bonds of the District, payable serially,
secured by the pledge of the full f aith and credit of
the District supported by its power to levy and collect
taxes to the maximum extent presently provided provided
by 1 aw; and
2. The adoption of an Ordinance for the execution and
delivery of said loan contract and the taking of such
action as may be required by law in connection with the
adoption of said Ordinance.
IN WITNESS WHEREO we have hereunto set our hands this
27th day of Jan 1964
VA.,a A
0Z —doo�
L /4,0
01t lek-11
sing all members of the Board of Directors of Truckee
Public Utility District
w E
9-1113 JS:pm 10/25/63
REA Project Designation:
CALIFORNIA 44A TRUCKEE DISTRICT PUBLIC
LOAN CONTRACT
between
k
TRUCKEE PUBLIC UTILITY DISTRICT
and-
UNITED STATES of AMERI CA
Dated as of October 28, 1963
dent d form of document presented to and approved
by
t u l 5. . . t o ff' t ono d
or oration at a iz-atfting held u 7 9
Sooretary of Neetix
s
0
DEPARTMENT OF AGRICULTURE
RURAL FL ECTRI FI CATI ON AMINIS72ATI ON
u
No, Iq
sue.
a
i
9,4113
n
AGREEMENT, made as of October 28, 1963. pursuant to the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et se .}
(hereinafter called the "Act"), between TRUMEE PUBLIC UTILITY DISTRICT
(hereinafter called the "District"), a public utility district
organized and existing under the laws of the State of California,
and UNITED STATES OF AMERICA (hereinafter callus the "Government"
acting through the Administrator of the Rural Electrification
Administration (hereinafter called the "Administrator"),
y WHEREAS. the District tit .puthorized pursuant to The public Utility
District Act (hereinafter called the "District Act") of California (West's
Cal. Ann, Codes, as amended, Vol. 58, Div. 7 [19561) to issue general obligation
bonds to pay the costs incurred by it to acquire, construct, own, operate,
P r
control,or use, within or without or partly within and partly without the
District public works, including a revenue producing public utility for supply'm
ing its inhabitants with light, power and heat, and the District is further
authorized to do all things necessary or convenient to the full exercise of
the powers granted to it under the District Act; and
WHEREAS, the board of directors of the District (hereinafter called
the "Board of Directors") may, pursuant to section 16578 of the District Act,
on behalf of the District, and without having obtained approval and author*
zati.on therefor by the electorate of the District, accept s loan from United
States of America, or any department, instrumentality or agency thereof, and
issue general obligation bonds to United States of America evidencing the
loan received by the District from United States of America; and
WHEREAS, the District presently owns and operates an electric
utility distribution system thereinafter called the "ExistingFacilities"),
"a:
consisting of electric transmission, distribution and service lines and
related facilities serving approximately 677 consumers within the territot 8
f 1
limits of the District in Nevada County, California; and
WHEREAS, the District has heretofore detertai.ned that the Exi.sti,tit
g
Facilities should be improved, enlarged, bettered, extended and added tb Ln
certain areas wherein the District is authorized by the Di attict Act to furnish
service in order to serve approximately 181 additional consumers; and
WHEREAS, the District has applied to the Government for a loan
thereinafter called the "Loan'), in an amount not in excess of $367,000, to
be effected by the sale to the Government of a series of the District's
general obligation bonds, to finance the construction b the Distric
t ct of
the additional electric facilities which are required to bring electric
service to said additional 181 consumers and the Government is willing to make*
the Loan to the District upon the terms and conditions hereinafter provided;
p �
NOW, THEREFORE, for and in consideration of the mutual agreements
herein contained, the District and the Government agree as follows:
ARTICLE I
ISSUE AND SALE of BONDS
SECTION 1. For thy: purpose of furnishing electric energy to persons
g gy p on
in rural areas not receiving central station electric service the District
shall issue and sell to the Government, and the Government shall purchase
from
o the District at the par value thereof, subject to the credit for accrued
9-1113
interest hereinafter provided for in section 4 of article II hereof, an issue
of general obligation bonds of the -FL` strict to be designated "Truckee Public
Utility District Electric Bonds, First 2% Series" (hereinafter called the
"Bonds") in an aggregate principal amount not in excess of $►36 7,000, to
finance, pursuant to the provisions of the Act, the construction of certain
improvements, enlargements, extensions, betterments and additions of and to the
Existing Facilities (said improvements, enlargements, extensions, better,-
ments and additions being hereinafter called the "Project", and the Existing
Facilities, as improved, enlarged, extended, bettered and added to by the
Project or otherwise being hereinafter collectively called the "System"),
the System to be located in the County of Nevada, and in counties contiguous
thereto, all in the State of California.
SECTION 2, The Bonds shall be in the denomination of $1,000 or
some multiple thereof, and shall bear interest at the rate of two (2%) per
centum per annum, payable semi.-annually on May 1 and November 1 in each year,
The Bonds shall mature serially in order of serial numbers, lowest nilmhers first,
beginning on the semi-annual payment date next after tbree years from thei,r date,
The Bonds shall otherwise be in form and substance satisfactory to the
Administrator.
SECTION 3. The Bonds shall be issued pursuant to a resolution
(hereinafter called the "Bond Resolution") to be adopted by the Board of
Directors in conformity with the Constitution and laws of the State of
California, and the Bond Resolution shall be in form and substance satis-
factory to the Administrator. Such Bond Resolution shall provide, among other
matters: (1) that the District shall pledge its full faith and credit for
payment of the Bonds, supported by its power to levy and collect taxes to
the maximum extent presently authorized by law; (2) that, subject to all
applicable provisions of law., the District s--all maintain and establish,
for the payment of the Bonds or to assure economic feasibility of the System,
such sinking, reserve and other funds at such levels and for such periods
of time as the Administrator in his sole discretion shall require; (3) that,
subject to all applicable provisions Of law, the District shall not incur
additional 'Indebtedness in connection with the financing of the construction
or operation of the System except under arrangements, mutually agreed to by the
District and the Government; and 1.4; that the System shall be operated and
maintained as a separate and independent self-liquidating public utility.
ARTICLE II
PAYMENTS, DISPOSITION OF FUNDS AND CREDITS AND PAYMENTS
SECTION 1. The District, before the Government shall be required
to accept delivery of and make payment for any of the Bonds, shall'.0
(a) deliver to the Government, subject to the approval of the Adminis-
trator, evidence of the due authorization of this agreement, the
construction and operation of the Project and the issuance of the
Bonds, including, without limitation, the following
g:
(1) certified copies of the minutes of the meeting s of the Board
of Directors'rs at which were adopted the Bond Resolution author
izIng the issuance of the Bonds and the ordinance authorizing
the execution and delivery of this agreement, and providing for
the lawful construction of the Project;
2"w
g..1113
(2) evidence that the Dis-iLrict has duly registered when and where
required by law with all State and Federal authorities and
obtained therefrom all authorizations, permits and approvals
to the extent required by law in order to enable the District
vali.dly to adopt the Bond Resolution, to execute and deliver
the Bonds and this agreement; and to construct and operate
the System; and
(3) an opinion of counsel, who shall have previously been approved
by the Administrator, in form and substance satisfactory to the
Administrator; and
(b) furnish to the Government such information, opinions, documents and
proofs, in addition to the foregoing, as may be reasonably requested
by the Administrator,
SECTION 2. The District, after compliance by it Stith the requirements
of section 1 of this article Ii, shall from time to time submit to the
Administrator requisitions in form and detail as the Admin.istrator shall
prescribe, requesting the Government. to take delivery of and make payment
for a designated principal amount of the Bonds. Each requxsitic,n shall be
accompanied by the following,
(a) evidence satisfactory to the Administrator that the construction of
the Project to the date of the requisition complies in all resp ects
with the approved plans and with the provisions of this agreement;
(b) a certificate of an official of the District, satisfactory to the
Administrator, which shall specify(l.) all payments not previously
accounted for, theretofore made by the District from payments for
the Bonds previously received by the District from the Government here""
under, and (2) all unpaid obligations incurred in connection with
and relating to the Project;
I
(c) a statement, in such form and detail as the Administrator shall
prescribe, by an official of the District, satisfactory to the
Administrator, setting forth the purposes for which it is intended
the requested payment for the Bonds will be used by the District; and
(d) such information, opinions, documents and p roofs in addition to the
foregoing as may reason-ably be requested by the Administrator.
14
SECTION 3. Upon delivery to the Administrator of a requisition and
accompanying documents complying with the provisions of section 2 of this
I •*f
article II, the Administrator shall, within a reasonable time thereafter 1
the District has complied with the provisions of section 1 of this article II
to*the satisfaction of the Administrator, determine the amount which, in his
opinion, will be sufficient for such of the purposes specified in the statement
of purposes accompanying the requisition as the Administrator shall approve.
Such amount shall be $1,000 or some multiple thereof. The Administrator 'may
at any time, as a condition to the purchase of any one or more of the Bonds
require compliance by the District with any one or more of the terms and
covenants of this agreement to be performed by the District.
SECTION 4. The District shall, upon notification by the Administrator
of any such determination provided for in section 3 of this article II , deliver,
or cause to be delivered to the Government, Bonds in definitive form having an
aggregate principal amount equal to the amount so determined by the Administrator,
.t
9-1113
or in 1 ieu thereof, an interim certificate or certif i.cates in form and
substance satisfactory to the Administrator, accompanied by such receipts,
certificates, documents and opinions as the Administrator may reasonably
request, The Bonds so delivered shall be of maturities designated by the.
Administrator. Upon receipt of the Bonds so delivered, the Government shall
pay to the District, at such place or places as the Administrator may
designate, an amount equal to the aggregate principal amount of the Bonds
so delivered, and shall deliver to the District on the date of each delivery
by the District to the Government of any of the Bonds, an appropriate credit
memorandum for the interest which shall have accrued thereon to the date of
such delivery. The Government shall accept such credit memorandum on the
next interest payment date following such delivery as payment of the interest
which shall have accrued on the bonds so delivered from the date of such Bonds
to the date of such delivery.
SECTION 5. The District shall cause all moneys received by it from
the Government hereunder for Bonds to be deposited in trust for the Government
promptly after the receipt thereof in a bank or banks which shall have been
approved by the Administrator., Any account (hereinafter called "special Con-
struct ion.Account") in which any such moneys shall be deposited, shall be
designated as the "Truckee Public utility District, Trustee, Special Con-
struction Account". Moneys in any Special Construction Account shall be
used solely for .financing the construction of the Project and may be with-
drawn and paid out only upon written warrants duly approved by the general
manager of the District and the Board of Directors and signed by the
president of the Board of Directors .and another officer of the District,
The District, unless otherwise required by law, shall not deposit or
allow to remain on deposit any funds advance hereunder in any bank or
other depositary after notification by the Administrator to the effect that
such bank or c ther depositary is not satisfactory,
SECTION 6. The District shall cause each payment for the Bonds
- received by it from the Government hereunder to be expended only for such
of the purposes specified in the statement of purposes submitted to the
Administrator in connection with the requisition for such payment as shall
have been approved by the Administrator,
SECTION 7. Any moneys remaining unexpended in any Special Con-
struction Account upon completion of the project or upon the closing of the
Loan shall be applied by the District to the payment of or on account of
the Bonds previously purchased by the Government as the Administrator shall
designate. If such moneys shall be insufficient to pay one Bond, or if
there shall be a balance of such moneys remaining after the payment of
such Bonds as the Administrator shall designate, the Government will cause
such balance to be credited as a part payment of principal on the Bond of
the latest maturity then outstanding and shall cause to be delivered to
the District an appropriate credit memorandum indicating the fact, date
and amount of such credit.
SECTION 8. The Administrator may from time to time determine the
amount required to enable the District to perform its obligations hereunder.
Upon notification by the Administrator to the District in respect of any
such determination, any reduction in the maximum amount of the Loan result-
ing therefrom shall be conclusive and binding upon both the Government and
the District and the Government shall not be obligated to' purchase the
Bonds, or such one thereof, as the Administrator shall designate, in an
aggregate principal amount equal to the amount of such reductions, When
.4.
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9-1113
the Administrator shall determine that no further funds are required to
be advanced by the Government hereunder in order to enable the District
to perform its obligations hereunder, the Administrator shall, at such
time thereafter as he shall elect, execute and deliver to the District
a loan closing certificate (hereinafter called the "Loan Closing Certi.-
f icate"), which shall, among other things, specify the date of the closing
of the Loan, and the amount of the unpaid principal of and the unpaid
interest on the Bonds.
SECTION 9. If within two years from the date hereof, the District
has not complied with all conditions precedent to the purchase b y the
p
Government of all of the Bonds in the aggregate prinbi al amount of
$367,000, including the submission of requisitions for the purchase
thereof in compliance with section 2 of article II hereof, the Admi.ni.strat" or
may, at any time or times thereafter, request the District in writi.ig to
advise the Administrator whether the District will require any further
funds hereunder to complete construction of the Project and if so, to submILt
evidence to the Administrator within thirty days of the Districtls-.
need for additional time for compliance with such conditions. Upon con-
sideration of such evidence, if cany, and all other relevant circumstances
the Administrator may, in his discretion, by written notice to the
District, terminate any obligation of the Government to purchase any Bonds
not theretofore purchased by the Government, and such action by the
Administrator shall be conclusive.
ARTI CL E I I I
CONSTRUCTION
SECTION 1. The District shall cause the Project to be constructed
under contract with a responsible contractor or contractors, except to the
extent that the Administrator shall permit the District to construct by
force account any portion or portions of the Project. The term "force
account" shall mean the prosecution of construction work by the District
r
on its own account and the furnishing by the District of all labor,
transportation, materials, tools, supplies and equipment used in connection
therewith. Force account construction shall be prosecuted subject to such
terms and conditions as the Administrator shall prescribe and the District
shall keep accurate and detailed records of all costs and expenses in
connection therewith. The Project shall be constructed in such sections
as the Administrator shall direct.
SECTION 2. The Project shall be constructed in accordance with
the approved plans and specifications hereinafter provided for the pro-
visions of this agreement, and all contracts and subcontracts made pursuant
hereto. Construction of the Project or, if the Administrator shall
require the Project to be constructed in sections, of the resp ective
sections, shall be commenced promptly after the Government shall have
notified the District to commence such construction, and the Dist' ict
shall cause such construction to be prosecuted diligently and to be
completed within such reasonable time as the Administrator shall prescribe,
unless prevented from so doing by cause beyond the control and without
the fault or negligence of the District, including fires floods, strikes,
g , , k s,
and unusually severe weather conditions.
8
9-1113
SECTION 3. The District shall, if the Administrator shall so
require, invite bids for construction work on the Project, and for materials,
q
equipment or supplies to be used therein, and the Distract shall include
f
all persons designated by the Administrator strong those invited to submit
bids. If the Administrator shall so require, the District shall open
bids in the presence of a representative of the Administrator and, in
any event, the District shall open all bids publicly at the time and
place which shall have been specified in the notice to bidders. The
District shall award each contract to the lowest responsible bidder,
unless all bids are rejected, or unless, to the extent the District
may award contracts to a bidder other than the lowest responsible bidder,
the Administrator shall- approve the award of the contract to another
responsible bidder upon a showing that the award of the contract to such
bidder is in the best interests of the District.
SECTION 4. The Administrator may supervise the construction and
equipment of the Project, and shall have the right to inspect, examine, and
test all work and materials relating thereto, and the District shall
provide reasonable facilities therefor for the use of the Administrator
and his agents, The Administrator may reject any defective material or
workmanship and require that any such material shall be satisfactorily
replaced with proper material and that any such workmanship shall be
satis f actorily corrected.
SECTION 5. The District shall, at such time as the Administrator
shall determine, furnish to the Government (a) such certificates of the
approved engineer or engineers and of the officers and employees of the
District as the Administrator shall require with respect to the construction
of the System or any section thereof, and the cost thereof, and (b) a
complete and detailed engineering and legal description of the System,
or any section thereof, including a snap or maps, in form satisfactory
to the Administrator, showing the location and classification of all lines,
substations and transformers,
SECTION 6. The provisions of sectionsl to 5, inclusive, of this
article III shall be subject to the applicable provisions of law.
ARTICLE IV
PARTICULAR COVENANTS
SECTION 1. If the Administrator shall so require, the District
shall designate one or more engineers who shall performs the engineering
services involved in the construction of the Project or the several sections
thereof, and shall execute all certificates and other instruments per-
taining to engineering details required hereunder to be delivered to the
Government.
SECTION 2. The District shall submit, when the Administrator
shall so require and subject to the Administrator's approval, (a) plans
and specifications for the construction of each section of the Project,
identified by the signature of the approved engineer for such section
and, if the Administrator shall so require, certified by such officers
of the District as the Administrator shall require, as having been approved
by the District; (b) a contract or contracts for the construction of the
Project providing, if the Administrator shall so require, for the construction
6-
9-1113
thereof in one or more sections except to the extent the Administrator shall
perm,'it the construction thereof by force account; (c) contracts with the
approved engineer for all necessary engineering services in connection with
the construction of the several sections of the Project, and (d) a contract
or contracts for the purchase of materials, equipment and supplies for
use in connection with the construction or operation of the Project.
SECTION 3. The District shall not without the consent of the
Administrator enter into any contract for (a) the construction of the
Project, or any part thereof; (b) engineering or other services pertaining
to the Project; and (c) the purchase with funds advanced hereunder of
materials, equipment or supplies for use in connection with the construction
of the Project unless the effectiveness of each such'f4contract shall be
conditioned upon the approval of the Administrator; provided, however,
that such purchases, not in excess of $100 in any one instance and in
the aggregate not in excess of one per centum (1%) of the maximum amount
of the Loan, shall not require the prior consent or approval of the
Administrator.
SECTION 4. The District shall take out, at the times the res-
pective risks are incurred, and maintain, at all t a until the completion
of the Project, insurance of such classes and in such amounts as the
Administrator shall have determined to be advisable to safeg uard the interests
of the District and the Government. The District shall submit to the
Administrator a schedule of the insurance which it proposes to take out
and, ...-following the Administrator's approval thereof, shall deliver to the
Government, subject to the approval of 'the Administrator, orig inals or
duplicate originals of policies effecting,such insurance or certificates
in respect thereof. The District shall from time to time make chang es
IN
in such insurance as the Administrator shall determine to be advisable.
In the event that the District shall fail to take out or maintain insurance
determined by the Administrator to be advisable as aforesiid, the Adminew
istrator may take out such insurance on behalf of the District and the
District shall pay the cost thereof.
SECTION 5). The District shall submit to the Government, when
and to the extent required by the Administrator, evidence satisfactory to
the Administrator that the District has obtained easements from landowners
and releases from lienors and also franchises, authorizations, permits,
licenses, cel: .ificates of public convenience and necessity, approvals,
and orders from public bodies and others,' which the Administrator shall
deem necessary or advisable in connection, with the System, and, if
required so to do by the Administrator, the District shall cause such
easements and releases to be recorded in appropriate offices of record.
None of the funds advanced on account of the Loan shall be used by the
District to pay for easements obtained from landowners or releases
obtained from lienors,
SECTION 6 The District shall at all times cause to be kept
proper books, records and accounts in which full and true entries shall
be made of all dealings, business and affairs of the District in connection
with the System separate and apart from its other public works and public
utilities in accordance with good accounting practice, and shall safely
preserve the same. The Government through its agents$ representatives,
accountants or attorneys, shall at all times during reasonable business
hours have access to and the right to inspect and to make cop ies of all
books, records and accounts, and 'all invoices, contracts, leases, pay rolls,
cancelled checks, statements, plans, specifications, drawings and
91113
other documents and papers of every kind belonging to or in the possession
of the District in anywise pertaining to the System or other public
works or public utilities of the District, regardless of the nature
thereof.
SECTION 7. The District shall be bound by and perform all of
the terms and provisions of the Bond Resolution.
SECTION 8. The District shall, in performing its obligations
hereunder and under the Bond Resolution, comply in all respects with
the provisions of the Constitution and all applicable laws of the state
of California. The District shall cause each act or duty required to be
performed by it or on its behalf hereunder to be performed by the officer,
council, department, board or commission who or which is charged by law
with the performance thereof.
SECTION 9. The District shall forthwith, upon receipt thereof,
deliver to the Administrator any contractor's or subcontractor t s bond or
bonds relating to the constrgct ion of the Project,
SECTION 10. The District shall not serve any consumers through
the Project until the District. shall have been furnished evidence that
such consumers' premises have been properly wired. No portion of the
Project shall be operated or energized until the District shall have
furnished evidence satisfactory to the Administrator that the District
has complied with the provisions of section 4 of this article Iv in respect of
that P
t portion of the Project to be operated or energised.
SECTION *1. The District represents and warrants as follows
(a) it is a public utility district duly existing and in good
.
standing under and by virtue of the laws of the State of California,
and it has corporate power to enter into this agreement and to perform
every act required to be performed by it hereunder; (b) all proceedings
that are necessary for the valid execution of this agreement by it have
0
been duly taken and all required authorizations therefor have been secured;
�c) that the status of the District in respect of litigation or other
_ g
legal _Droce.edings affect"ng the District or any of its properties, and
the Bonds is as set forth in a certificate signed and sealed b the secretary
Y
of the District and submitted herewith; , (d) it has not entered into any
contract for construction, materials, equipment or engineering in connection
with the Project, except such as have been approved by the A ni.strator•
and (e) every statement contained in this agreement and in its application
for the Loan and in every- other document, statement certificate and opinion
� p
submitted to the Government by it or in its behalf is true and correct,
SECTION 12. No fee or commission has been or shall be paid and
no agreement therefor has been or shall be entered into by the District or
any of its officers, employees, agents or representatives in order to
secure the Loan,
SECTION 13. The District shall use or cause to be used in
connection with the expenditure of funds made available hereunder only
,such unmanufactured articles, materials and supplies as have be
en
een
mined or produced in the United States, and only such manufactured articles
materials and supplies as have been manufactured in the United States
substantially all from articles, materials or supplies mined produced,
or manufactured, as the case may be, in the United States., except to the
extent the Administrator shall determine that such use shall be impracticable
or that the cost thereof shall be unreasonable,
�.s_
W...w.
9-1113
SECTION 14. The District shall cause the System to be maintained
in good repair and working condition, and shall cause the same to be
continually operated in an efficient manner at a reasonable cost and from
time to time cause to be made all needful and proper repairs, renewals and
replacements.
SECTION 15, The District shall do or cause to be done such
acts, adopt or cause to be adopted such resolutions and deliver or cause
to be delivered such further assurances as may be necessary or proper for
the better assuring of or to secure further the rights and remedies of the
holder or holders of the Bonds.
SECTION 16, The District shall make diligent effort to extend
electric service to all unserved persons in rural areas in which the
District is authorized by law to provide service who (a) desire such service
and (b) meet all reasonable re.qufrements established by the District as a
condition of such service.
SECTION 17. The District hereby agrees that it will incorporate
or cause to be incorporated into any contract for construction work, or
modification thereof, as defined in the rules and regulations of the--- --
_9_
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�'yYi1WNi )rt'1#Yf'Y'�V.'l'MSiiiwti'a'p'�'w.Yfi#
9-1113 9/63
President's Committee on Equal to nt Opportunity whit .
�P 3� PPa �' his paid for in whole
or in part with funds obtained from the Federal Govnetint or borrowed on the
credit of the Federal Government pursuant to a grant, contract loan insurance
or guarantee, or undertaken pursuant to any Federal program. fnvoly suchgrant,
contract, loan, insurance or guarantee, the following equal opportunity clause:
PPo y
During the performance of this contract, the contractor agrees as follows:
g .
(1) The contractor will not discriminate against any employee or
applicant
for employment because of race, creed, color or national origin. The contractor
for
will take a ff irmat ive action to ensure that applicants are employed, and that em..
ployees are treated during employment without regard to their race! creed: color
or national origin. Such action shall include, but not be limited to the follow--oI ow
ing: employment, upgrading, demotion or transfer• recruitment or re cru itn�ent a d-
vert is ing; 1 ayoff or terminat ion; 9 ensat n•rates of pay or other forms of c
oa�p io and
selection for training, including apprenticeship. The contractor agrees g s to post
in conspicuous places, available toemployees and a I applicants for e
pp mployment, not ice s
to be provided setting forth the provisions of this nondiscrimination 'cl a use
(2) The contractor will, in all so 1 is it at ions or advert isesre nt s f or etap 1 ogee s
placed by or on behalf of the contractor, state that all ualified .a
q ppl scant s will
receive consideration for employment without regard to race, creed -.
al origin.
g , color or nation
(3) The contractor will send to each labor union or representative
of workers
with which he has a collective bargaining agreement or other contract act or understand.m
ing, a notice to be provided advising the said labor union or f
wa►rker s representative
of the contractor's commitments under this section, and sham, pos
t t copies of the no-m
t ice in conspicuous places available toemployees and a applicants f pp or employment,
(4) The contractor will comply with all provisions of E
mP p Executive order No.
10925 of March 6, 1961,- as amended by Executive Order 11114 of June 22, 1963, and
of the rules, regulations and relevant orders of the President's Committee ttee on Equal
Emp 1 oyment Opportunity created thereby,
(5) The contractor will furnish all information and reports required pbyExe-.
cut ive Order 10925 of March 6 , 1%1, as amended b Executive order 1111�4 of p June
22, 1963, and by the rules, regulations and orders of the said Committee
or pur--
suant thereto, and will permit access to his books records and acco
unts s by the
administering agency and the Committee for of investigation i
purposes g on t o ascertain
compliance with such rules, regulations and orders,
(6) In the event of the contractor's -none 1 ianee w '
omp it h the nond i s cr a t ion
clauses of this contract or with any of the said. rules regulations or orders, this
contract may be cancelled, terminated or suspended in whole or in con
-ma
art and the -a
p
tractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with 'procedures s authorized thorised in Execu-.
t ive Order No. 10925 of March 6 , 1961, as amended b Executive ve Order 1111�4 of June
22, 1963, and such other sanctions may P be imposed and remedies, ie s invoked as provided
in the sa�. i Executive Order or by rule regulation or ord
er of the President s
Committee on Equal Employment Opportunity,,
q mp yment nortunity t or as otherwise provided by law.
(7) The contractor will inc 1 ude the
provisions of paragraphs (1) through (7)
in every subcontract or purchase order unless exempted b
p y rules, regulations or
orders of the President's Committee on Equal Employment Opportunity issued purse..
ant to section 303 of Executive order 10925 of March 6 1961 as ."
. ,. _ � emended by Execu
t ive Order 11114 of June 22, 1963, so that such .
provisions will be binding upon
each subcontractor or vendor. The contractor will take such action ion with respect
to any subcontract or purchase order as the administer agency direct
g y ma yasa
means of enforcing such provisions, including sanctions for nonco 1 iance• Pro-
vided, threaten
vided, however, That in the event a contractor becomes involved in, or is"threaten--
ed with, 1 it igat ion with a subcontractor or vendor as a result such f
o s h direction
by the agency, the. contractor may request the United States t enter
. o nt r into such lift"
tigation to protect the interests of the United States.
..10 .�
0
ITMl
9-1113
The District further agrees that it will be bound by the above equal
opportunity clause in any federally assisted construction work which it
performs itself other than through the permanent work force directly
employed by an agency of government,
The District agrees that it will cooperate actively with the adminis-
tering agency and the President's Committee on Equal Employment oppor-
tunity in obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations and relevant orders
of the Committee, that it will furnish the administering agency and the
Committee such information as they may require for the supervision of
such compliance., and that it will otherwise assist the administering agency
in the dischaige of the agency's pr ry responsibility for securing
compliance. The District further agrees that it will refrain from
entering into any contract or contract modification subject to Executive
Order 11114 with a contractor debarred from, or who has not demonstrated
eligibility for, Government contracts and federally assisted construction
contracts pursuant to Part III, Subpart D of Executive Order 10925 and
will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be -imposed upon contractors and subcontractors
by the administering agency or the Committee pursuant to Part III, Subpart
D of Executive Order 10925. In addition, the District agrees that if it
fails or refuses to comply with these undertakings the administering
agency may cancel, terminate or suspend in whole or in part this contract,
may refrain from extending any further assistance under any of its programs
subject to Executive Order 11114 until satisfactory assurance of future
compliance has been received from such District, or may refer the case to
the Department of Justice for appropriate legal proceedings.
SECTION 18. The District shall, whenever requested so to do
by the Administrator, submit evidence satisfactory to the Administrator
of the economic and engineering feasibility of each part of the System
designated by the Administrator. If the District shall fail to submit
such evidence with respect to any such part, the Government may refuse to
make any advance or further advances hereunder or the Administrator may
determine that such part shall not be constructed and in such event the
District shall not construct such part. Any determination by the Adminis�
trator hereunder shall be conclusive and binding upon both the Government
and the District,
SECTION 19. No funds shall be advanced on account of the Loan
to finance the acquisition of any real property by the District, or any
construction thereon, until the District shall have submitted evidence
satisfactory to the Administrator that it has acquired or will acquire such
right, title or interest in such real property as the Administrator may
require.
ARTICLE V
EVENTS OF DEFAULT AND REMEDIES
SECTION 1. The happening of any of the following events (here-
inafter called "events of default") shall constitute a default by the
District under this agreement:
(a) any failure to perform, or any violation of, any term, covenant,
promise, condition or agreement on the part of the District to be
performed hereunder at the time and in the manner herein
provided; or
Cb) any breech of any warranty or any material or substantial
inaccuracy in any representation on the part of the District; or
Cc) any failure to perform, or any violation of, any term, covenant,
promise, condition or agreement on the part of the District to
be performed under the Bond Resolution at the time and in the
manner therein provided,
SECrION 2. Upon the happening of any event of default, as
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specif ied in section 1 of this article V, the Government may exercise
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any one or more of the following rights, privileges, powers and remedies ,
to the extent that the exercise thereof is not prohibited by law:
(a) refuse to make any further purchases of the Bonds, but the
refusal of the Government in such circumstances to make further
purchases of the Bonds shall in no event impair the obligation
of the District under the Bonds theretofore purchased. Any
purchase of the Bonds made by the Government after the happening
of any event of default shall 'not, however, constitute a waiver
of any default and shall not further-obligate the Government• and
(b) either at law or in equity or by statute, by suit, action or
other 'proceedings, protect and enforce the rights of the holder
or holders of the Bonds then outstanding, or enforce and compel
the performance of any or all covenants and duties herein
specified on the part of the District or its officials to be
performed.
SECTION 3. Every right, privilege, power or remedy herein or
in the Bond Resolution conferred upon or reserved to the Government or
to the holder or holders of the Bonds shall be cumulative and shall be
in addition to every other right, privilege, power and remedy conferred
or reserved,hereunder or now or hereafter existing at law or in equity or
by statute. The pursuit of any right, privilege, power or remedy shall
not be construed as an election,
ARTICLE VI.
MISCELLANEOUS
SECTION 1. No Member of or Delegate to the Congress of the
United States of America shall be admitted to any share or part of this
agreement or to any benefit to arise herefrom other than receipt of
electric service through the System on the same ter as other consumers
served by the System.
SECTION 2. The District and each of the officers signing this
agreement respectively acknowledge that they have received copies of
sections 286, 287, 641, 1001 and 1361 of Title 18, United States Code
Crimes and Criminal Procedure.
SECTION 3. Any reference herein to the Administrator shall be
deemed to mean the Administrator of the Rural Electrification Administration
or his duly authorized representative or any other or person authority in.
P y
whom may be vested the duties and functions which the Administrator is
now or may hereafter be authorized by law to perform.
SECTION 4, The term "plans" or "plans and specifications" shall
include any changes therein or modifications thereof that may from time
to time be agreed upon by the District and the Administrator.
SECTION 5. No counsel, engineer, instrument, or act of the
District, who or which shall be subject to the approval of the Administrator,
shall be deemed to be approved unless and until the District shall have
received the approval in writing of the Administrator or of his duly
authorized representative in respect thereof.
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SECTION b, The Administrator, in his absolute discretion and upon
such terms and conditions as he may determine, may waive the performance or
doing of any one or more of the acts to be performed or thins to be done
by the District, and any prov,is ion of this agreement may be modified or
Y
amended by mutual consent of the District and the Administrator. The
District shall not claim any modification, amen nt, rescission release
or annulment of any part of this agreement except pursuant to a written
instrument subscribed by the Administrator. The certificate b3�' or on behalf
elf
of the Adm.inistra R u r approving the requisition for an advance of funds
hereunder shall constitute a finding of sufficient performance b. p Y the
District of all acts prerequisite try such advance, or a waiver thereof•
provided, however, that any such waiver shall be effective onlywith i th reference
to such advance and shall not preclude the Administrator from requiring
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full performance of the acts so waived as a prerequisite to an subsequent
advance.
P q y quen t
SECTION 7. The District shall not assign this agreement g g t or any
part hereof or any moneys due or to become due hereunder,
SECTION 8. The descriptive headings of the various articles of
this agreement were formulated and inserted for convenience only and shall
not be deemed to affect the weaning or construction of any of the provisions
hereof.
SECTION 9. All demands, notices, a ravels designations
. pP g or
directions hereunder permitted or required to be made upon given po or g n to the
District shall be mailed to the District at Truckee California,, or such
other address as the District shall designate in writingthe
to Admi.n i s--
trator. All notices, designations or communications hereunder
permitted
or required to be given or sent to the Government or to the Administrat
or
for
shall be mailed to the Administrator at Washington ZS,. D., C, or such uch other
address as the Administrator shall designate in writingto the District,
ict.
SECTION 10. This agreement may be simultaneously executed and
delivered in two.,or more counterparts, each of which so executed and delivered
shall be deemeu to be an original, and all .shall constitute but one and the
same instrument.
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SECTION 11, Under no circumstances shall the Ustrict be obligated
g ted
to do or perform any act or thing prohibited by the Constitution or laws of
the State of California, and any covenant undertaking a� g or agreement ement herein
contained contrary to such Constitution. or laws shall be deemed of no effect,
The invalidity of any one or more phrases, clauses sentences
. , paragraphs or
provisions of this agreement shall not affect the validity of any remaining
. portion or portions hereof,
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SECTION 12. When the District shall have aid in full the rin-.
ci al an p F
p d interest on all the Bonds purchased from it by the Government
hereunder, then this agreement shall terminate and the District shall be
released from all obligations hereunder,
IN WITNESS WHEREOF, the District has caused this agreement to be
executed in its name and on its behalf by the signature of the re
g president
of its Board of Directors cc,u.r ter_ s*1_(1nature' of *ts tlerh' air
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attested by its secretary, and sealed with the seal of the District, all
as duly authorized by resolution duly adopted by the Board of Directors
of the District, as of the day and year first above written.
MD .BB PUBLIC UTILITY DISTRICT
by
President of its Board of Directors
Attest: by
Secretary Clerk, TRUCKEE PUBLIC UTIL DISTRICT
(Seal)
UNITED STATES OF Ate' I CA
by
Administrator
of
Rural Electrification Administration
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