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TOWN OF TRUCKEE <br /> California <br /> RESOLUTION 2016-42 <br /> A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE AUTHORIZING <br /> AND IMPLEMENTING THE MPOWER PROGRAM <br /> WHEREAS, the Sierra Valley Energy Authority ("Authority") is a joint exercise of <br /> powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government <br /> Code of the State of California (Section 6500 and following) (the "Act") and the Joint Exercise of <br /> Powers Agreement for the Establishment of the Sierra Valley Energy Authority effective on <br /> September 9, 2015, as amended from time to time (the "Authority Agreement"); and <br /> WHEREAS, Chapter 29 of The Improvement Act of 1911, being Division 7 of the <br /> California Streets and Highways Code (as amended from time to time, "Chapter 29") authorizes <br /> the contractual assessment financing of certain improvements (as enumerated from time to time <br /> in Chapter 29, "Improvements"); and <br /> WHEREAS, Authority has established the mPOWER Program to provide for the <br /> financing of Improvements pursuant to Chapter 29 within counties and cities in the State of <br /> California that elect to participate in mPOWER Program; and <br /> WHEREAS, the Town of Truckee (the "Local Agency") believes that the financing of <br /> Improvements by the Authority for properties participating in the mPOWER Program within its <br /> boundaries would accomplish a public purpose; and <br /> WHEREAS, Local Agency wishes to authorize the Authority to undertake the <br /> mPOWER Program within its boundaries as described in this Resolution and to approve an <br /> Associate Member Amendment to the Joint Exercise of Powers Agreement for the <br /> Establishment of the Sierra Valley Energy Authority (mPOWER Program) (the "Authority <br /> Agreement Amendment"); and <br /> WHEREAS, Local Agency will not be responsible for the conduct of any proceedings <br /> required to be taken under Chapter 29; the levy and collection of assessments or any required <br /> remedial action in the case of delinquencies in the payment of any assessments or the <br /> issuance, sale or administration of any bonds issued in connection with the mPOWER Program. <br /> ****** <br /> NOW THEREFORE BE IT RESOLVED AS FOLLOWS: <br /> 1. This Town Council finds and declares that properties within Local Agency's <br /> jurisdiction will benefit from the availability of the mPOWER Program to conduct <br /> contractual assessment proceedings and finance the installation of Improvements <br /> pursuant to Chapter 29. <br /> 2. This Town Council consents to Authority undertaking contractual assessment <br /> proceedings under Chapter 29 for all of the properties within Local Agency's <br /> jurisdictional area and to the contractual assessment financing of <br /> Improvements by Authority, upon the request by and voluntary agreement of <br /> owners of such properties, in compliance with the laws, rules and <br />