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Resolution 2702-99 \r RESOLUTION NO. 2702-99 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT CONCERNING THE DEVELOPMENT AND IMPLEMENTATION OF ENERGY CONSERVATION MEASURES WHEREAS, the South Tahoe Public Utility District (District) uses significant quantities of electricity for operation ofthe District's facilities including, but not limited to, lighting, pumps, and other equipment; and WHEREAS, Government Code ~ 4217.10, et seq., provides that the District may enter into an energy service contract and a facility ground lease on such terms as the District's Board of Directors determines are in the best interest of the District; and WHEREAS, Government Code ~ 4217.10 provides that the provisions of Government Code ~ 4217.10, et seq" shall be construed to provide the greatest possible flexibility to the District in structuring agreements entered into pursuant to these provisions so that economic benefits may be maximized and financing and other costs associated with the design and construction of alternate energy projects may be minimized; and \. WHEREAS, the District and e-three, a Sierra Pacific Resource Corporation, (e-three) entered into a Letter oflntent dated April 17, 1998 for the purpose of retaining e-three to perform a Detailed Energy Study (Study) ofthe District's facilities; and WHEREAS, the results of the Study confirm that the District will reduce its electrical costs by the implementation of the energy conservation measures identified in the Study; and WHEREAS, the District and e-three have negotiated the terms for a Guaranteed Energy Services Agreement for the implementation of the energy conservation measures identified in the Study; and WHEREAS, the District has given public notice at least two weeks in advance of the regularly scheduled public hearing at which the District will consider authorizing the District to enter into the Guaranteed Energy Services Agreement; and WHEREAS, the Board of Directors of the District has conducted a public hearing in accordance with the public notice and heard and considered all public comments. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: \. 1. The anticipated cost to the District of electrical energy conservation measures provided under the Guaranteed Energy Services Agreement will be less than the anticipated=marginal cost to the District for electrical energy that would have been consumed by the District in the absence of those measures. Resolution No. 2702-99 Page 2 \.,., 2. The difference, if any, between the fair rental value for the property subject to a lease and the agreed rent is anticipated to be offset by other benefits provided under the Guaranteed Energy Services Agreement since the District has elected not lease any facilities to e- three but, instead, pay the entire cost of the energy conservation measures in advance from funds already budgeted for this purpose. 3. The District's payment of the entire cost of the energy conservation measures from currently budgeted funds, rather than entering into a lease, will reduce the total cost of the energy conservation measures to the District and, as a result, further benefit the District. 4. The terms and conditions of the Guaranteed Energy Services Agreement are in the best interests of the District. 5. The Board of Directors of the District approves the Guaranteed Energy Services Agreement and authorizes the General Manager to sign the Guaranteed Energy Services Agreement, subject to final review and approval by legal counse~ and take any additional action(s) necessary and appropriate to implement this Resolution. 6. This Resolution shall take effect immediately. ~ WE, THE UNDERSIGNED, do hereby certify that the above and foregoing Resolution was duly and regularly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a regular meeting duly held on the 7th day of October, 1999, by the following vote: AYES: Directors Wallace, Strohm, Jones, Gochnauer, Mosbacher. NOES: None ABSENT: None ATTEST: , ~. . .' i '~. Zi"s R. Jones, L'nl ofthe Board cJ/~" 5k A'" Kathy Sharp. lerk ofthe Bo~d and Ex-Officio Secretary to Board of Directors '-' 216757vl:7627.52