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HomeMy WebLinkAbout2017-04ORDINANCE NO. 2017-04 APPROVING THE MCE JOINT POWERS AGREEMENT AND AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM The Danville Town Council does ordain as follows: SECTION 1. The Town of Danville has been actively investigating options to provide electric services to constituents within its service area with the intent of promoting use of renewable energy and reducing energy related greenhouse gas emissions. SECTION 2. On September 24, 2002, the Governor signed into law Assembly Bill 117 (Stat. 2002, ch. 838; see California Public Utilities Code section 366.2; hereinafter referred to as the "Act"), which authorizes any California city or county, whose governing body so elects, to combine the electricity load of its residents and businesses in a community- wide electricity aggregation program known as Community Choice Aggregation. SECTION 3. The Act expressly authorizes participation in a Community Choice Aggregation (CCA) program through a joint powers agency, and on December 19, 2008, MCE was established as a joint power authority pursuant to a Joint Powers Agreement, as amended from time to time. SECTION 4. On February 2, 2010 the California Public Utilities Commission certified the "Implementation Plan" of MCE, confirming MCE's compliance with the requirements of the Act. SECTION 5. In order to become a member of MCE, the Act requires the Town of Danville to individually adopt an ordinance electing to implement a Community Choice Aggregation program within its jurisdiction by and through its participation in MCE. SECTION 6. Based upon all of the above, the Town Council elects to implement a Community Choice Aggregation program within the Town of Danville's jurisdiction by and through the Town of Danville's participation in MCE. The Mayor is hereby authorized to execute the MCE Joint Powers Agreement. SECTION 7. This ordinance shall take effect on the later of (a) the date the Board of Directors of MCE adopts a Resolution adding the Town as a member of MCE, or (b) 30 days after its adoption. The City Clerk should have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before adoption and once within fifteen (15) days after adoption. The foregoing Ordinance was introduced on May 16, 2017 and approved and adopted by the Danville Town Council at a regular meeting held on June 6, 2017, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Arnerich, Blackwell, Morgan, Stepper, Storer None None None APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2017-04 of said Town and that said ordinance was published according to law. Dated: a City Clerk of Town of Dan PAGE 2 OF ORDINANCE NO. 2017-04