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HomeMy WebLinkAbout1974-08-29 Min - Board AUGUST 29, 1974 The regular-adjourned meeting of the Board of Directors of the Truckee- Donner Public Utility District was called to order by President Waters at 7: 30 p.m. in the conference room of the district. ROLL CALL: J. Craig, present ; D. Anderson, absent, arrived 5 minutes late ; R. Anderson, absent ; P. Sutton, present ; R. Waters , present. EMPLOYEES PRESENT: Cash, Kinzie OTHERS PRESENT: Edwin N. Ness , Bond Counsel ; Dan Cook, Consultant ; Fosten Wilson W. RIVER STREET ASSESSMENT PROCEEDINGS j The Board acted on the necessary resolutions for the formation of the W. River Street Assessment District . Resolution 7413 directs the filing of the Boundary Map that was adopted on August 20 , 1974, with Nevada County Recorder. It was moved by Director Sutton and seconded by Director Craig that Resolution 7413 be adopted. All aye ; motion carried. Resolution 7414 is the Resolution of Intertion. There is a provision in the resolution for any surplus funds after. the construction of the project. The board has the choice of using the funds to maintain the system bLilt with the money or prorate it back to the property owners after two years . It was moved by Director Craig and seconded by Director Sutton that Resolution 7414 be adopted. All aye ; motion carried. The board received for filing purposes only the Resolution granting jurisdiction to the Board of Directors of the PUD adopted by the Nevada County Board of Supervisors , the Engineer' s Estimate of Cost , the Engineer' s report including Plans and Specifications , the Notice of Improvement and the Notice Inviting Sealed Bids . An extra $3 ,000 was figured in the total cost of the project for an additional bond discount. It was moved b Director Craig and seconded b Director Sutton that y g y Resolution 7415 , Resolution and Order Preliminarily Adopting Engineer' s Report, Setting Public Hearing hereon and Call for Bids , be adopted. All aye; motion carried. It was moved by Director D. Anderson and seconded by Director Craig the Resolution 7416 , Resolution Adopting Scale of Prevailing Wage Rates, be adopted. All aye ; motion carried. NOTICE OF INTENT TO SET PUBLIC HEARING Joe Joynt prepared resolutions setting forth public hearings for the negative declaration on the W. River Street project, Highway 267 Intertie project and Armstrong Tank project. The date set forth in the resolutions for the public hearings was October 1 ; however, the board felt that the 15-day waiting period could be met and the hearing was scheduled for September 17. The board may at any time prior to or after the public hearing on the environmental assessment alter the evaluations made by Cook Associates on the projects . r--. It was moved by Director D. Anderson and seconded by Director Craig that Resolution 7417 , Finding that the Proposed Construction of W. River Street Main Extension will not have a Significant Environmental Effect , Ordering Preparation, Filing and Posting of a Negative Declar- ation, Setting Public Hearing for Approval or Disapproval of the Project and the Negative Finding, be adopted. The date for the public hearing is scheduled for September 17 , 1974. ROLL CALL : Craig, aye; Anderson, aye; Sutton, aye ; Waters , aye ; R. Anderson, absent. Resolutions 7418 and 7419 have the same provisions as 7417 with the exception that they are for the Armstrong System Ugrading and Highway 267 System Intertie , respectively. It was moved by Director D. Anderson, and seconded by Director Craig that Resolution 7418 be adopted with the public hearing scheduled for September 17 . All aye; motion carried. ` Page 177 Notice of Intent to Set Public Hearing . . . continued It was moved by Director Craig and seconded by Director D. Anderson that Resolution 7419 be adopted. The public hearing for this project also being September 17. All aye; motion carried. Mr. Joynt prepared a resolution amending Resolution 7307 which sets forth the local guidelines implementing the California Environmental Quality Act of 1970. There have been State amendments to the original guidelines which should be adopted by the board. It was moved by Director Craig and seconded by Director D. Anderson that Resolution 7420, Amendments to Resolution 7307 , be adopted. All aye ; motion carried. Director D. Anderson Questioned the present status of the Jones-Rich suit. Mr. Joynt said that he has demurred (states the plaintiff has no grounds for suit) the complaint and the judge has sustained the demurer. The plaintiff then has ten days to amend the com- plaint and re-issue it to the judge for further review. If the com- plaint is not amended, the action is ended. Director Craig suggested keeping a log of the resolutions passed by the board in one book in addition to the originals in the Minute Book. The board felt this would be easier for research purposes . It was decided to have the present staff start a separate book of the current resolutions and work backwards . MANAGER' S REPORTS Hydrological Study by Dr. John Sharp Mr. Cash reported that the cost of the geological study will not be greater than the $20, 000 paid by Dart Resorts for the study as pre- viously reported. An invoice was paid in the amount of $2 , S00 which was for work on the Southside well totally separate from the under- ground study. This reduces the total amount paid to date for the study to $13 , 000+. Dr. Sharp has stated that in his opinion the total project cost will be $19, 700. There never was a contract between Dr. Sharp and any party regarding the underground water study. Mr. Cash presented the board with copies of the computer printout on the Alexander Grant bill in the amount of $6, 400. The board is to review this prior to the September 3 meeting at which time Mr. Murphy of Alexander Grant will be present. Mr. Cash stated that if additional information is needed regarding this bill , it could be obtained by Alexander Grant but would be difficult. He felt that there would probably be a charge to do further research. The board wished to know what portion of the bill is for auditing and what portion is for bookkeeping services . The manager reported that he and Joe Joynt have met with the manager of Fibreboard and gone over the new method of billing for power usage. The new method of billing will increase their power cost per year by approximately $25, 000. Mr. Cash estimated the total cost to the District to convert the Mill ' s electrical service from three points of delivery to one point of delivery at $6 ,450 . There would also be a substantial cost to Fibreboard should the delivery points be changed. Mr. Cash had agreement from the board to further nego- tiate a reasonable solution to the situation. Director Sutton asked Mr. Cash if the District has received formal notice of the hearing on the draft environmental impact report for the Donner Lake intake. Mr. Cash said that about a week ago he phoned the State Lands Commission regarding the hearing and they -- informed him that an "informal" date of September 24 had been esta- blished. Mr. Cash was told that prior to the meeting, the district would receive a formal notice of the hearing. Some Board members understood that the law requires 30 days notice for a hearing of this nature. As it stands to date , 30 days notice has not been given. Director Sutton asked Mr. Cash if he could make public the contact made to him by the Grand Jury. Mr. Cash explained that he was con- tacted by the Nevada County Grand Jury Foreman regarding an informal committee meeting they wished to have with two board members familiar with the Tahoe Donner subdivision and the Donner Lake water project . The Committee meeting was scheduled for tonight at 7 : 30 p .m. Mr. Cash contacted Chairman Waters regarding this and it was decided that the district board should conduct their meeting and attempt to reschedule 178 Page Two - August 29 , 1974 Page 1 Manager' s Report . . . continued another meeting with the Grand Jury. Mr. Cash was advised that he would be notified of another meeting date. Director Sutton asked who determines which two board members would meet with the jury committee . Mr. Waters thought that the two longest standing board members should attend which is Rex Anderson and himself. The board members agreed that the Grand Jury should be told that the board is willing to participate in their informal review. The board received copies of the existing insurance bond policies . Director Sutton asked if the insurance agent could be present at a -- future meeting to explain the insurance terminology. The board members expressed their regret at Mr. Duane Anderson' s resignation from the Board. Tonight' s meeting willbe his last in attendance. Mr. Anderson asked that the district reorganization which he has favored be considered by the new district manager and board. He also thought that the water rates should be- closely examined. He did not think it was right to have the electric department carrying part of the financial load of the water department. The board discussed the procedure to be followed in the selection of a new board member. Director Sutton stated she would like to see something in writing from each person that is interested. A letter indicating the reason for their interest and something about their background would suffice . She also recommended an advertisement in the paper announcing the vacancy, when the deadline is , and what the procedure is for those interested to submit their name. It was unanimously agreed that this procedure should be followed. It was moved by Chairman Waters and seconded by Director Craig that the meeting adjourn to executive session. The regular meeting was adjourned by President Waters at 9 : 35 p.m. TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By: Roy Waters , President of the Boar Merrilyn Kin ie, Rec ing Secr ary Page Three - August 29 , 1974 Page 179 • v' :t 742 4 RESOLUTION NO. RESOLUTION GRANTING JURISDICTION TO THE BOARD OF DIRECTORS OF THE TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, NEVADA COUNTY, CALIFORNIA, IN THE MATTER OF WEST RIVER STREET ASSESSMENT DISTRICT, TRUCKEE- DONNER PUBLIC UTILITY DISTRICT, NEVADA COUNTY, CALIFORNIA WHEREAS, the Board of Directors of the Truckee-Donner Public Utility District, Nevada County, California, did, on the 20th day of August, 1974, adopt a Resolution Requesting Juris- diction of the County of Nevada in connection with West River Street Assessment District, Truckee-Donner Public Utility District, Nevada County, California, which said Resolution proposed the con- struction of certain improvements and acquisitions; and WHEREAS, the Board of Directors of the Truckee-Donner Public Utility District, did, by its Resolution No. 74-12 request the consent of this Board of Supervisors thereto; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Nevada, State of California, that the public interest and convenience require the making of the improvements and acquisitions described in said proposed Resolution No. 74-12 above referred to and in the manner therein set forth, and that all of the lands included within the assessment district described ` in said proposed Resolution of Intention will be benefited by said proposed improvements and acquisitions. BE IT FURTHER RESOLVED that this Board of Supervisors of the County of Nevada hereby gives consent to the formation of said assessment district described in the proposed Resolution of Intention, to the making of the improvements and acquisitions therein described, and to the assumption of jurisdiction by the Board Y Page 180 of Directors of the Truckee-Donner Public Utility District for all purposes in connection with the formation of said assessment district and the making of the improvements and acquisitions includ- ing the levying, collecting and enforcement of the assessment of costs in relation to benefits received from the various improve- ments and acquisitions. The Clerk of the Board of Supervisors is hereby directed to certify a copy of this resolution and trans- mit it to the Clerk of the Truckee-Donner Public Utility District, I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Nevada, State of California, at a regular meeting thereof, held on the 27th day of August, 1974, by the following vote, to wit: AYES.- Supervisors Buchanan, Turner, Conway, Curran and Filer' NOES: Supervisors None ABSENT: Supervisors None THEO. A. KOHLER, JR. , County Clerk, County of Nevada, State of California BY: Deputy C1 erk to the Board THE FOREGOING INSTRUMENT S CORRECT COPY OF THE ORIGINAL . 7,41-264 ON FILE IN THIS OFFICE ATTEST: AUG 2 (1 THEO A. KOHLER, J2. County Clerk and cR-off' l0 4ier(4 Board of Sup i ors A By -2- Page 180-A RESOLUTION NO. 7413 RESOLUTION DIRECTING FILING OF BOUNDARY MAP WITH COUNTY RECORDER OF NEVADA COUNTY, CALIFORNIA WHEREAS, the Board of Directors of the Truckee-Donner Public Utility District, Nevada County, California, on the 20th day of August, 1974, approved the boundary map for West River Street Assess- ment District, Truckee-Donner Public Utility District, Nevada County, California, which said map is entitled, "Proposed Boundaries of West River Street Assessment District, Truckee-Donner Public Utility District, Nevada County, California; " NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee-Donner Public Utility District that a certified copy of said boundary map heretofore approved shall be filed with the County Recorder of Nevada in accordance with the provisions of Part 2, Division 4. 5 of the Streets and Highways Code of the State of California, A Passed and adopted at a regular adjourned meeting of the Board of Directors of the Truckee-Donner Public Utility District duly called and held in said District on the 29th day of August, 1974, by the following roll call vote: AYES : J. Craig D. Anderson , P. Sutton , R. Wat .rs NOES None , i ABSENT: R. Anderson TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By Roy Wat s, resident of the Board ATTEST: rk `r Page 181 CERTIFICATE OF FILING BOUNDARY MAP IN OFFICE OF COUNTY RECORDER I, the undersigned, hereby declare that on the — day of , 19 there was filed in the office of the County Recorder of the County of Nevada, State of California, in the Book of Maps of Assessment Districts in volume 1 at page _4 a map entitled, "Proposed Boundaries of hest River Street Assessment District, Truckee-Donner Public Utility District, Nevada County, California. " Executed at , California, this _ day of 19 I declare the foregoing to be true under penalty of perjury. THEO A. KOHLER, JR. , County Recorder, County of Nevada, State of California J-1-14 C(OPY t ' RESOLUTION OF INTENTION NO. 7 414 IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN WEST RIVER STREET ASSESSMENT ^- DISTRICT, TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, NEVADA COtT`3TY, CALIFORNIA BE IT RESOLVED by the Board of Directors of the Truckee- Donner Public Utility District, Nevada County, California, that it is the intention of said Board to order the following improve- ments and acquisitions to be made in West River Street Assessment District, Truckee-Donner Public Utility District, Nevada County, California, to wit: Improvements to the water system of the Truckee- Donner Public Utility District, consisting of pipe- lines, valves, fire hydrants, main line ties, services, excavation, backfill, base, paving and other appur- tenant wore generally in the area of West River Street, Truckee, California, together with the acquisition of capacity, rights of way, easements and other necessary �..., work, BE IT RESOLVED that said improvements to be constructed in the streets, avenues, lanes, courts, roads, places and/or public ways hereinabove described, will be of dimensions, materials, and in the particular locations, as set forth and shown on the plans and specifications and detailed drawings hereinafter referred to; together with the construction of all appurtenances thereto, includ- ing necessary fittings, trenchings, grading and regrading, excava- tion and fill, removal of obstructions, connections to existing services, back filling, reconstruction of existing ground surface as required to conditions existing prior to commencement of construc- tion, all in the manner, of the materials, and to the dimensions and to the grades, and in the particular locations as the same will be more fully shown on the plans and specifications and detailed drawings hereinafter referred to; 77 Page 182 That the structures and work and improvements herein des- cribed shall be constructed to the grades, sub-grades and eleva- tions severally to be shown upon the plans and profiles and detailed drawings thereof in the respective locations thereof, which said grades are hereby adopted as the official grades therefor for all purposes in connection with the proceedings pursuant to this Reso- lution of Intention. Notice is hereby. given that said grades may be new and different from those heretofore established or existing, or may be different from existing ground levels. All of said work shall include, without duplication, any and all street intersections, terminations and opposite termina- tions occurring within the limitations of said work. The attention of all persons is directed to the fact that not all of said classes of work above described may be construct- ed-upon all the streets and/or public ways above described in their entirety, but only upon the particular locations as shown on the plans and specifications hereafter referred to, which said plans and specifications shall govern as to- all details with relation to the same. BE IT FURTHER RESOLVED that the Board of Directors of the Truckee-Donner Public Utility District hereby makes the expen- ses and costs of said improvements and acquisitions chargeable upon a district, which said district said Board hereby declares the district benefited by the improvements and acquisitions herein described; said district shall include that territory in the unincorporated territory of the County of Nevada, State of California, which is shown on that certain map on f ile in the of f ice of the Clerk of the Truckee-Donner Public Utility District, and which is entitled and described "Proposed Boundaries of west River Street Assessment District, Truckee-Donner Public Utility District, Nevada County, California, " and which said map indicates by a boundary line the extent of the territory included in the proposed district and covers w 2- Resolution 7414 Page 182-A all details as to the extent of the area to be assessed; said map is, by this reference, incorporated herein and made a part hereof. Excepting from the area shown and delineated on said map hereinabove referred to, the area of all public streets, avenues, lanes, roads, drives, courts, places, public parks, and all ease- ments and rights-of-way therein contained belonging to the public, and also all property owned by the County of Nevada, the State of California, or the United States of America, or the Truckee-Donner Public Utility -District, contained therein, now in the use in the performance of a public function. NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments, and bearing interest at the rate of not to exceed seven per cent (7%) per annum, shall be issued herein in the manner provided in Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, the last installment of which shall mature fourteen (14) years from the 2nd day of July next succeeding ten (10) months from their date. NOTICE IS HEREBY FURTHER GIVEN that the procedure for collec- tion of assessments and advance retirement of bonds under the Improve- ment Bond Act of 1915 shall be as provided in Part ll.-I,, Division 10, of the Streets and Highways Code of the State of California. Proceedings for all work shall be taken pursuant to the Municipal Improvement Act of 1913 , and the bonds hereinabove described shall be issued under the provisions of the Improvement Bond Act of 1915. BE IT FURTHER RESOLVED that this Board of Directors hereby finds that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 does not apply to these proceedings. 3- Resolution 7414 Page 182-B BE IT FURTHER RESOLVED that in accordance with the pro- visions of Sections 10203 and 10204 of the Streets and Highways Code, being a part of the Municipal Improvement Act of 1913, the matter of the improvements and acquisitions herein referred to is hereby referred to COOK ASSOCIATES, the firm having charge and control of the improvements and acquisitions described in this reso- lution. Said firm is hereby directed to make and file with the Clerk of the Truckee-Donner Public Utility District a report in writing containing the following a. Plans and specifications of the proposed improve- meet if the improvement is not already installed; b. A general description of the works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances or property are to be • acquired as part of the improvement; C. An estimate of. the cost of the improvement and of the cost of lands, rights--of-way, easements and incidental expenses in connection with the improve- ment. d. A diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district as they existed at the time of the passage of the resolution of intention. Each subdivision, including each separate condomin- ium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. e. A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by such subdivisions, respectively, from the improvement. When any portion or percent- age of the cost and expenses of the improvement is ordered to be paid out of the treasury of the municipality, pursuant to Section 10200, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the improvement, and the assessment upon property proposed in the report shall include only the remainder of the estimated cost and expenses. The assessment shall refer to the sub- divisions by their respective numbers as assigned pursuant to subdivision (d) of this section. Resolution 7414 Page 182-C h eI 1 BE IT FURTHER RESOLVED that if any surplus remains in the Improvement Fund after the completion of the improvements and the payment of all claims from the Improvement Fund, said surplus. shall be distributed in accordance with Section 10427 of the Streets and Highways Code. BE IT FURTHER RESOLVED that the Board of Directors hereby finds that the public interest will not be served by allowing the property owners to take the contract for the work and improvements provided for in this Resolution of Intention, Passed and adopted at a regular adjourned meeting of the Board of Directors of the Truckee-Donner Public Utility District duly called and held in said District on the 29th day of August, 1974 , by the following roll call vote: AYES : J. Craig D. Anderson P. Sutton , R. Waters - NOES-: None • • ABSENT: R. Anderson , TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By Roy tqater , resident of the Board ATTEST: Clerk There Resolution 7414 -5_ Page 182-D ENGINEER'S ESTIMATE OF COST WEST RIVER STREET ASSESSMENT DISTRICT, TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, NEVADA COUNTY, CALIFORNIA 1 . ESTIMATED CONSTRUCTION COSTS 1. Connection to the Existing System - Lump Sum $ 2 ,000.00 2. Fire Hydrants Complete - 6 Ea. @ Seven Hundred Fifty Dollars ($750 .00) per Ea. 4,500.00 3 . 8" Gate Valves Complete - 4 Ea. @ Three Hundred Dollars ($300. 00) per Ea. 1,200.00 4 . 6" Gate Valves Complete - 1 Ea. @ Two Hundred Seventy- Two Dollars ($272 .00) per Ea. 272.00 5. Plugs - 4 Ea. @ One Hundred Fifty Dollars .($150 . 00) per Ea. 600. 00 6. 8" Water Main - 3 ,789 L.F. @ Eleven Dollars ($11.00) per L.F. 41,679. 00 7. 6" Water Main - 320 L.F. @ Ten Dollars ($10 .00) per L.F. 3,200. 00 8. 1" Water Service -- 1 Ea. @ Three Hundred Dollars ($300. 00) per Ea. 300.00 9. Railroad Crossing Complete 15 ,000. 00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 68,751. 00 II. PURCHASE OF CAPACITY IN EXISTING SYSTEM AND CONTINGENCIES 20 ,000 00 TOTAL ESTI1 ATED CONSTRUCTION COSTS PLUS PURCHASE OF CAPACITY IN EXISTING SYSTEM AND CONTINGENCIES - PROJECT COST $ 88 ,751.00 III. INCIDENTAL EXPENSES 1. Engineering Fee (13 0 of construction. costs) $8,937.63 2 . Legal Fee (3 0 of project 2 ,662 .53 cost) 3. Out-of-Pocket Legal Expenses 500.00 4. Bond Printing 500. 00 5 . Cost of Publications and Miscellaneous Costs of Proceedings 500 .00 TOTAL ESTIMATED INCIDENTAL EXPENSES 13 ,100 . 16 TOTAL PROJECT COST PLUS INCIDENTAL EXPENSES $101,851. 16 Bond Discount @ 90% of Par 11,316 . 79 TOTAL ESTIMATED AMOUNT OF BOND ISSUE AND TOTAL ESTIMATED AMOUNT TO BE ASSESSED $113 ,167. 95 Dated; August 29 , 1974. CO SSOCI ES n ineer of Work Page183 RESOLUTION NO. 7415 RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S REPORT, SETTING PUBLIC HEARING AND CALLING FOR BIDS, WEST RIVER STREET ASSESSMENT DISTRICT, TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, NEVADA COUNTY, CALIFORNIA WHEREAS, on the 29th day of August, 1974, the Board of Directors of the Truckee-Donner Public Utility District, Nevada County, California, adopted its Resolution of Intention for the improvements and acquisitions in West River Street Assessment District, Truckee-Donner Public Utility District, Nevada County, California, and referred said improvements and acquisitions to COOK ASSOCIATES, Engineer of Work for said assessment district; and WHEREAS, said Board of Directors directed that said Engineer of Work make and file with the Clerk of the Truckee-Donner Public Utility District a report in writing in accordance with the pro- visions and requirements of the Municipal Improvement Act of 1913 of the State of California; and WHEREAS, said Engineer of Work did, on the 29th day of August, 1974 , file with the Clerk of the Truckee-Donner Public Utility District a report in accordance with the said resolution, and said Clerk has presented the report to this Board for consideration; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee-Donner Public Utility District, Nevada County,, -Cali- fornia, and this Board hereby finds:_ 1. That the report made and filed by the Engineer of Work on the 29th day of August, 1974, contains all of the requirements provided for said report by the provisions of the Municipal Im- provement Act of 1913 , including (1) specifications; (2) plans and profiles and estimates of cost; (3) assessment diagram and assess- ment; (4) descriptions of easements and/or rights-of-way to be acquired. Page 184 2.* That said report, and each and every part thereof, is sufficient in every particular, and it is hereby determined that said report shall stand as the report for all subsequent proceed- ings under said Municipal Improvement Act of 1913; and BE IT FURTHER RESOLVED that Tuesday, the 1st day of October, 1974, at the hour of 7:30 o'clock P.M. of said day, at the meeting place of the Board of Directors of the Truckee-Donner Public Utility District, located in the offices of the Truckee-Donner Public Utility District, Old Highway 40 (Donner Pass Road) , Truckee, California, is hereby fixed as the time and place for hearing protests with relation to the proposed improvements and acquisitions described in said report; that any person interested in objecting to said improvements and acquisitions, the grades- to which the work will be done, or has been done, the extent of the assessment district, the assessment, or the engineer's estimate of cost and expenses, or any other act or determination of the Board of Directors or the Engineer of Work of the assessment district may file protest in writing with the Clerk of the Truckee-Donner Public Utility District at or before the hour fixed herein for hearing thereon; and BE IT FURTHER RESOLVED that the Clerk of the Truckee-Donner Public Utility District be, and he is hereby, directed to publish a Notice of Improvement pursuant to Section 6066 of the Govern- ment Code of the State of California, the first of which said- notices to be first published at least twenty (20) days prior to the date herein set for hearing of protests; and BE IT FURTHER RESOLVED that the Clerk of the Truckee-Donner Public Utility District be, and he is hereby, further directed to cause Notices of Improvement to be posted on all of the open streets within the district described in the Resolution of Intention 2- Resolution 7415 Page 184-A at not more than three hundred feet apart on each street so posted in accordance with the requirements of Sections 10302 and 10303 of the Municipal Improvement Act of 1913; and BE IT FURTHER RESOLVED that notices of the adoption of the Resolution of Intention and filing of the Engineer' s Report shall be mailed, postage prepaid, to all persons owning real prop- erty to be assessed whose names and addresses appear upon the last equalized assessment roll for taxes , or as known to the Clerk. Said notices shall contain the matters required in Section 10307 of the Municipal Improvement Act of 1913 of the State of California. BE IT FURTHER RESOLVED that this Board hereby prelimin- arily orders that the improvements and acquisitions described in . the Resolution of Intention be had and done in accordance with the plans and specifications and profiles for said work. The plans and specifications with said report are hereby adopted as the plans, profiles and specifications for the doing of said work and improve- ments , and said Board hereby orders that bids shall be received for the doing of said work and improvements on the 19th day of September, 1974 , until the hour of 5:00 o' clock P.M. of said day. Said bids or proposals shall be delivered on or before 5: 00 o'clock P.M. of the 19th day of September, 1974, at the office of the President of the Board of Directors of the Truckee-Donner Public Utility District, old Highway 40 (Donner Pass Road) , Truckee, California, which said time and place are hereby fixed as the time and place of a public meeting at which said bids will be publicly ' opened, examined and declared by the President of the Board of Directors of the Truckee-Donner Public Utility District. Said bids after being publicly opened, examined and declared, will be calculated by the Engineer of Work, their report returned to the -3- Resolution 7415 Page 184-B President of the Board of Directors and the report of the results of the bidding and the calculations of the Engineer of Work will be reported to the Board of Directors of the Truckee-Donner Public Utility District. ""~ The Board of. Directors reserves the right to reject any and all proposals or bids should it deem this necessary for the public good, and also the bid of any bidder who has been delinquent or unfaithful in any former contract with the Truckee-Donner Public Utility District. Passed and adopted at a regular adjourned meeting of the Board of Directors of the Truckee-Donner Public Utility District duly called and held in said District on the 29th day of August, 1974, by the following roll call vote: AYES : J. Craig R. Waters NOES : None • f • ABSENT: R. Anderson TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By Royr Wate - , President of the Board ATTEST: Le Clerk Tliert6f -4- Resolution 7415 Page 184-C A 4 RESOLUTION NO, 7416 RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES WHEREAS, the Board of Directors of the Truckee-Donner Public Utility District, Nevada County, California, on the 29th day of August, 1974 , adopted plans and specifications for the improvements and acquisitions to be made in West River Street Assessment District, Truckee-Donner Public Utility District, Nevada County, California; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee-Donner Public Utility District that said Board has determined and established the general prevailing rate of per diem wages for each type of craft or workman needed to execute or per- form the necessary work or improvements in accordance with the schedule appended hereto and described, "Schedule of Per Diem Wage Rates" ; and BE IT FURTHER RESOLVED that said "Schedule of Per Diem Wage Rates" be, and it is hereby, embodied in the Notice Inviting Sealed Bids and all contract documents in connection with said work and improvement hereinabove described. Passed and adopted at a regular adjourned meeting of the Board of Directors of the Truckee-Donner Public Utility District duly called and held in said District on the 29th day of August, 1974, by the following roll call vote: AYES : J. Craig D. Anderson • __,,,,_P _ Sutto • R. Waters • NOES : None . • ABSENT: R. Anderson • - TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By RoyrWat President of the Board ATTEST: D TrI Clerk Th -ot Page 185 i k F. SCHEDULE of PER DIEM WAGE RATES t Minimum Rate Per hour Classification Straight Time Overtime Saturdays Sundays Holidays Carpenters $10.42 $14.545 $14 .545 $18.67 $18.67 2 Cement Masons 9.95 13.645 17.34 17.34 17.34 3. Electricians or Electrical Workers 10. 982 20 . 860 20. 860 20 . 860 20. 860 4, Plumbers 10. 86 18.97 18.97 18.97 18.97 5. Construction Iron- workers OPeinforcing) 11.325 20.075 20. 075 20.075 20. 075 6. General Laborers 8.435 11.202 11.202 13.97 13. 97 7. operating Engineers (Backhoe 2 Yds. or Less) 11.68 16 .175 16.175 20 . 67 20. 67 8. Teamsters (5 Yd. Dump) 9. 385 12. 83 12. 83 16. 275 16.275 9. Transit Mix (6 to - 8 Yds. ) 9 .54 13.062 13.062 16. 585 16.585 10. Water Truck Drivers (3,000 Gals. ) 9.50 13. 002 13. 002 16 .505 16 .505 Any classification of workman or mechanic not listed herein shall be paid not less than Eight Dollars and Forty.-Three and one-Half Cents ($8. 435) per hour which includes employer paynLents set forth in Collective Bargainina Agreement applicable to the classification involved. Health and Welfare , Pension and Vacation benefits are included in the above amounts. Anything to the contrary in the above wage scale notwithstanding, the contractor and all subcontractors under him shall pay all their laborers , workmen, mechanics and emplo-Tees on said work a salary or wage at least: equal to the prevailing salary or wage for the same quality of service rendered to private persons , firms or corporations under similar employ- ment in the County of Nevada. mow-. Attachment - Res . 7416 Page 185-A l t 4 i NOTICE INVITING SEALED BIDS IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS IN WEST RIVER STREET ASSESSMENT DISTRICT, TRUCKEE- DONNER PUBLIC UTILITY DISTRICT, NEVADA COUNTY, CALIFORNIA Pursuant to the provisions of the Municipal Improvement Act of 1913 of the State of California, and to resolution of the Board of Directors of the Truckee-Donner Public Utility District directing this - Notice, said Board of Directors hereby invites sealed bids and proposals for doing the work and improvements described in the Resolution of Intention in the above entitled matter, of said Board of Directors of the Truckee-Donner Public Utility District. * Said Resolution of Intention is hereby referred to for a descrip- tion of said work and improvement, the grades to which it is to be done, a description of the district to be assessed to pay the costs and expenses thereof, the bonds to be issued, and for all ,•- further particulars contained in said Resolution of Intention. Reference is hereby further made to the plans and specifications and detailed drawings for said work on file in the office of the Clerk of the Truckee-Donner Public Utility District in accordance with which said work shall be done. NOTICE IS HEREBY GIVEN that the Board of Directors of the Truckee-Donner Public Utility District has heretofore established a prevailing rate and scale of wages in accordance with law, which rate and scale is as follows, to wit: Page 186 SCHEDULE OF PER DIEM WAGE RATES Minimum Rate Per hour Classification Straight Time Overtime Saturdays Sundays Holidays 1 Carpenters $10 .42 $14 .545 $14 .545 $18.67 $18.67 Cement Masons 9.95 13.645 17.34 17. 34 17.34 3. Electricians or Electrical Workers 10 .982 20. 860 20. 860 20. 860 20. 860 4, Plumbers 10. 86 18. 97 18.97 18.97 18. 97 5. Construction Iron- workers (Reinforcing) 11.325 20.075 20.075 20 .075 20. 075 6. General Laborers 8.435 11.202 11.202 13.97 13. 97 7. Operating Engineers (Backhoe 2 Yds. or Less) 11.68 16 .175 16. 175 20.67 20. 67 8. Teamsters (5 Yd. Dump) 9 .385 12 . 83 12 . 83 16. 275 16.275 9. Transit Mix (6 to 8 Yds. ) 9 .54 13.062 13.062 16. 585 16.585 10. Water Truck Drivers (3,000 Gals. ) 9.50 13. 002 13.002 16. 505 16 .505 Any classification of workman or mechanic not listed herein shall be paid not less than Eight Dollars and Forty-Three and One--Half Cents ($8. 435) per hour which includes employer payments set forth in Collective Bargaining Agreement applicable to the classification involved. Health and Welfare , Pension and Vacation benefits are included in the above amounts. Anything to the contrary in the above wage scale notwithstanding, the contractor and all subcontractors under him shall pay all their laborers , workmen, mechanics and employees on said work a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons , firms or corporations under similar employ- ment in the County of Nevada. 2- 186-A The contractor shall in the performance of the work and improvements conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations as may be required under the special statutes -pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. Veterans and resident local labor shall be given preference by the contractor whenever possible, if skill and work- ing ability permit without increasing the ultimate cost of the work and improvement to the Truckee-Donner Public Utility District. NOTICE IS HEREBY EXPRESSLY GIVEN that payments will be made to the contractor in cash by said Truckee-Donner Public Utility District but only from the proceeds of any assessments which are paid in cash or from the proceeds of the sale of any bonds which are to be issued on the unpaid assessments. Said payment will be. made to the contractor based upon the provisions in the speci- fications for payment based upon the quantity of labor and mate- rials furnished by said contractor. Commencing not more than sixty (60) days after the commence- ment of the work and within the first five (5) days of each calen- dar month during the construction period thereafter, the contrac- tor shall submit to the Engineer an itemized bill of the quantity and value of the materials accepted and work performed prior to the end of the preceding month, and the Engineer will, within a reasonable time, check such bill, make his estimate of the value of the same in accordance with the terms of the contract, and ninety per cent (90%) thereof shall be paid to said contractor on or before �...,, the 15th day of said calendar month; the remaining ten per cent (10%) of the amount due the contractor shall be paid thirty-five -3- 186-B days (35) after completion of all of said work and improvement and acceptance thereof by the Board of Directors of the Truckee- Donner -Public Utility District. All proposals or bids shall be accompanied by a check payable to said Truckee-Donner Public Utility District and certi- f ied by a responsible bank for an amount which shall not be less than ten per cent (10%) of the aggregate of the proposal, or by a bond for said amount and so payable, signed by the bidder and two sureties who shall justify, before any officer competent to administer an oath, in double the said amount, and over and above all statutory exemptions, or by a corporate surety bond in said amount satisfactory to the engineer. The time fixed for receiving sealed bids or proposals for the doing of said work and improvement herein ordered is the 19th day of September, 1974 , until the hour of 5:00 o' clock P.M. of said day, in the office of the President of the Board of Directors of the Truckee-Donner Public Utility District, Old Highway 40 (Donner Pass Road) , P.4. Box 309, Truckee, California. Said bids, after being publicly opened, examined and declared, will be calculated by the Engineer of Work, their report returned to the President of the Board of Directors and the report of the results of the bid- ding and the calculations of the Engineer of Work will be reported to the Board of Directors of the Truckee-Donner Public Utility District. The Board of Directors of the Truckee-Donner Public Utility District reserves the right to reject any and all proposals or bids, should it deem this necessary for the public good, and also the bid of any bidder who has been delinquent or unfaithful in any former contract with the Truckee-Donner Public Utility . - District. -4- 186-C Plans and specifications may be obtained at the office of the Truckee-Donner Public Utility District, Old Highway 40 (Donner Pass Road) , P.O. Box 309, Truckee, California 95734, or Cook Associates, 2060 Park Avenue, Oroville, California 95965. A fee of $20. 00 will be required per- set of plans. One-half of this amount is refundable upon return of each set in good condition within two weeks after the receipt of bids, Dated; _ August 2 9, 1974, M. REX ANDERSON, Clerk, Truckee-Donner Public Utility District, Nevada County, California. low-, -5- 186-D NOTICE OF IMPROVEMENT NOTICE IS HEREBY GIVEN that on Tuesday, the 1st day of October, 1974 , at the hour of 7 :3 0 P.M. of said day, there will be a► hearing on the. Resolution of Intention for West River Street Assessment District, Truckee-Donner Public Utility District, Nevada _County, California , and on the Engineer's Reoort filed pursuant thereto. Said hearing will be held at the meeting place of the Board of Directors of the Truckee-Donner Public Utility District, located in the offices of the Truckee-Donner Public Utility District, Old Highway 40 (Donner Pass Road) , Truckee, California. The purpose • of the hearing is to consider any and all protests that may be filed against the improvements and acquisitions to be made, the extent of the assessment district, or the proposed assessment. The Resolution of Intention provides for the construction. of improvements and acquisition of capacity in said West River Street Assessment District, Truckee-Donner Public Utility District, Nevada County, California. Said Resolution of Intention adopted on 29th day *of August, 1974, and the Engineer' s Report filed pursuant thereto on the 2 9 th day of August, 1974, in the office of the Clerk of the Truckee-Donner Public Utility District are referred to for all matters in connection with said proposed improvements and acquis- itions. Any persons interested in objecting to the proposed improve- ments and acquisitions, the extent of the assessment district, or to the proposed assessment, may file written protest with the Clerk of the Truckee-Donner Public Utility District at or before the time herein fixed for hearing. All protests must be in writing and addressed to the Clerk, Truckee-Donner Public Utility District, P.O. Box 309, Truckee, California 95734. The total estimated cost of the improvements and acquis- itions to be assessed upon the district is the sum of $113,167.95. Dated: August 29, 1974. M. REX ANDERSON, Clerk, Truckee-Donner Public Utility District, Nevada County, California !l AU 187 CERTIFICATE OF MAILING COPIES OF NOTICE OF IMPROVEMENT Y The undersigned hereby declares: f That during all of the times herein mentioned, he was, and now is, the duly appointed, qualified and acting Clerk of the Truckee-Donner Public Utility District, Nevada County, California; That on the 4th day of Sentember , 1974 , pursuant to the provisions of the Municipal Improvement Act of 1913, he mailed copies of Notice of Improvement, a copy of which is annexed hereto, marked "EXHIBIT A" , and by this reference made a part hereof, to all persons owning real property proposed to be assessed for the improvements in West River Street Assessment District, Truckee- Donner Public Utility District, Nevada County, California, and de- scribed in said Notice of Improvement, according to the names and addresses of such owners as the same appear on the last equalized assessment roll for taxes, prior to the date of such mailing, or as known to the undersigned. That a list of the property owners to whom said notices were mailed is also annexed hereto, as "EXHIBIT B, and made a part hereof. Executed at Truckee California, this 4th day of September , 19 74. y I declare the foregoing to be true under penalty of perjury. M. REX ANDERSON, Clerk, Truckee-Donner Public Utility District, Nevada County, California tV 0 ft 0 0 How & 0 njn � 0 m 0-%0 0 H to 0 ct, :3 H.t-t, N ::r:j 0 w t-b-1-h�-j 0 0 :r 0 0 m n rt HO - P-4 M 0 Ln rt �-j cli 0 w ft &. (Do rt, rt a :� � .`t.�o � u' 00ftp " 0 :r1.T 4. rt fl 0 rt tr U) r0 U) N �u h (D t h (D H-(D rt ll� W :34(D rt. CL 0 0 �l 0 ki (D 0 0 -Q 0 1-3 Li U) H(D 0- ti rf(D �l F: < p (D Z H.cu cu rt p :�r rt to 0 :::r C�l U) ::I () tc� p "3" (D (D 0 1 1 ti 0 1 U) U (D (D ::r NP. 0 q ell 0, rt :x (D (1) 0 Hl P. En Pi rt H. (,) 10 0 fil rt ;d kid C) (D 0 CIA 0 0 rt LO 0 rt 1 a " f-r to (D rt rT ti rr N M rt 0 �$ In M �3' H.1 0 0 :j " Iv (D P.) 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(D (D �l (D 0 0 t-h 0 P. Nft " M :j 0 rt P. _j rt F.A. P-W :7j (D Hl,rj rt 1-4 CL rt (D f-: 0 rt. U) 0 W 0 (D cl. (D ri H. n ki C, � fD C: En Ln 0 0 0 N (D rt t--h (D 0 �l :3 rt P. Ln :j rt w t10 H. (D 0 P.0 Pi (D (D rt P- (D (D rt rt F �j N ror00 P. f-.j 0 W 0 F" f= 0 rt " t-jCn V) rt m " 0 0 H.(n 0 En W H-Ol Fl-rt P- r S� :-1 0 rt '"0 :,-1 (D �j rt w " 0 rt rt " H a t3 rt (D �l (D 0 " (D �t ,-,A H_ it 0 W 0 tj ::j C: t:r n 0 :J (D C (D rt (D W CL rt 0 P-11 0 rt, rt (D rt rt M t-1 �' 0.1 rl u r 0) t:r rt :j H to rt rt F". tr Q (D 0 F,-r,' (D Ln (D �, H.c:: j-- F-a(D H- • N P- (D (n (D "U 10 uI (D (A 0 0 rr rt a p.W ;O rt FJ 1-3 "1 rt- V-,- 0 sZ n rl rt rr (n 0 (D rt- H- rt H- (n Itj F-A rt 0 rt rt- 0 En rt 11 rt 0 En a P. IJ (D h (D r, �-j �l < 0 W (D Fj-" (n 0 0 14 Ln (D q rr H- 0 0 w pr 2) rt P-(D 0) Pr 0 0 rt P.rt (D :X (n M CA rt Cl(D rt rt. :3,0 Cl :j M :3 :j % < " :3 (D rt, r: sv (D m m P- -j- rt Pi 0 0 rt (D Z (t rt tjo C7 " rt w rt rt (D rt- P- n f-t tv r-1 0 • 6r(D 10 P4.P- :r :3 :4 " 1-40 "34 �-1 rt kD (D rr. (D r. w 0 rt m m ki&h 0 0 (D 0 rt < rt rt Ln 1 0 (D I-Y W rt 0 " . 0 rt rr 0 0 CL t-j 0-3 0 P. a. F-J < (D (D U) 0 (D (D N rt (D (D rt 0 ft s PROPERTY OWNERS LIST WEST RIVER STREET ASSESSMENT DISTRICT, TRUCKEE--DONNER PUBLIC UTILITY DISTRICT, NEVADA COUNTY, CALIFORNIA Mailing Address of Assessment Number Property Owner Property Owner 1 Clunette S. Gebh ardt P.O. Box 817 Truckee, Ca. 95734 2 Vita-Bark, Inc. P.O. Box 794 West Sacramento, Ca. 95691 3 Vita-Bark, Inc. P.O. Box 794 West Sacramento, Ca. 95691 4 Jack F. and Lynn C. P.O. Box 956 Guzman Truckee , Ca. 95734 5 Cal Gas Truckee, P.O. Box 28397 Inc. Sacramento, Ca. 95813 6 Lowell E. , Jr. , and P.O. Box 355 Barbara K. Northrup Tahoe City, Ca. 95730 7 Norma J. Jacobsen P.O. Box 172 Truckee , Ca. 95734 8 Norma J. Jacobsen P.O. Box 172 Truckee, Ca. 95734 9 John J. and Corrine P.O. Box 217 E. Quintana Tahoe Vista, Ca. 95732 EXHIBIT "B" 4 I RESOLUTION No. 7417 2 of 3 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 4 FINDING THAT THE PROPOSED CONSTRUCTION OF "WEST RIVER STREET MAIN EXTENSION" WILL NOT HAVE A SIGNIFICANT 5 ENVIRONMENTAL EFFECT, ORDERING PREPARATION, FILING AND POSTING OF A NEGATIVE DECLARATION, SETTING PUBLIC 6 HEARING FOR APPROVAL OR DISAPPROVAL OF THE PROJECT AND THE NEGATIVE FINDING 7 8 WHEREAS, TRUCKEE--DONNER PUBLIC UTILITY DISTRICT, by and 9 through its Board of Directors, has ordered the preparation of 10 plans , specifications, studies and other documents for proposed 11 construction of a water line commonly known as WEST RIVER STREET 12 MAIN EXTENSION; and 13 WHEREAS, the Board of Directors directed the preparation 14 of an environmental assessment illuminating the impacts of the 15 proposed project, and the District' s water consultant has conduc- 16 ted an investigation and prepared an environmental assessment 17 describing the impact of the proposed work and said assessment has 18 been reviewed by the management and staff of the District; and 19 WHEREAS, the Board of Directors- has reviewed the environ- 20 mental assessment in the light of the collective knowledge of the 21 general area and the needs of the District; 22 NOW, THEREFORE, and pursuant to the Local Guidelines 23 Implementing The California Environmental Quality Control' Act of 24 1970 , as amended, adopted by the District on June 5 , 1973, 25 Resolution No. 73-07 : 26 BE IT RESOLVED, as follows : 27 1. The Board of Directors of TRUCKEE-DONNER PUBLIC 28 UTILITY DISTRICT finds that the proposed WEST RIVER STREET MAIN 29 EXTENSION will not have a significant effect on the environment. 30 2 . A negative declaration shall be prepared, a copy of 31 which is attached hereto, marked Exhibit "A and made a part 32 hereof. Immediately thereafter a true and correct copy of said Page 1. Page 188 i I negative declaration shall be filed with the County Clerk of the 2 County of Nevada, and a copy shall be posted .at the District 3 office at Truckee, California as well as any other place or 4 places as may be directed by the Board of Directors. 5 3. At its regular meeting to be held Semtember 17, 1974, at E 6 the District office, the Board of Directors will meet in public 7 session at which members of the public may appear and present 8 their views prior to the Board' s determination to approve or 9 disapprove the project and prior to the final "Notice of 10 Determination" by the District as to whether the project will or 11 will not have a significant effect on the environment. 12 4. A copy of the environmental assessment form and 13 environmental assessment checklist shall be kept on file at the 14 District office and shall be available for public inspection at 15 all reasonable hours. Copies may be obtained at .the District 16 office by any member of the public interested therein, the costs 17 thereof to be borne by the District. 18 5. Immediately following said public hearing on SeTntember 19 17, 1974 , the District shall cause to be prepared a "Notice of 20 Determination" on a form as prescribed by law and the Local 21 Guidelines adopted by the District, setting forth the decision of 22 the District to approve or disapprove the project, whether the 23 project will or will not have a significant environmental impact, 24 and a final determination of whether or not an environmental 25 impact report will be prepared. Said Notice of Determination 26 will then be filed with. the County Clerk with a copy of the 27 Negative Declaration attached and a copy posted at the District 28 office for a period of ten days. 29 Passed and adopted by the Board of Directors of TRUCKEE- 30 DONNER PUBLIC UTILITY DISTRICT at an adjourned regular meeting 31 thereof duly called, noticed and held in said district on the 32 29th day of August, 1974, by the fallowing roll call vote Page 2. Resolution No. 7417 Page 188-A 1 AYES: John Cra , T) A_ers on , 2 Patricia Siit -- -! o Wa.,te , 3 4 5 NOES: 'None 6 7 . 8 9 ABSENT: R. A.nrl-erson � r 10 • 11 12 TRUCKEE—DONNER PUBLIC UTILITY DISTRICT 13 14 BYV'j.1 R Y W RSIEII. vresiden of the 15 Boar o Directors 16 ATTEST: 17 18 Clerk flierbof 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Page 3. Resolution 7417 188-B 1 NEGATIVE DECLARATION 2 by 3 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 4 CONCERNING 5 WEST RIVER STREET MAIN EXTENSION 6 1. The proposed project, commonly known as "West River 7. STzeet Main Extension" , consists of construction of a water line 8 to the industrial area along West River Street, for consumptive 9 water and fireprotection, within the boundaries of TRUCKEE-DONNER 10 PUBLIC UTILITY DISTRICT, Truckee, Nevada County, California. 11 2. At an adjourned regular meeting of the Board of Direc- 12 tors of said district held August 29 , 1974 , the Board, by 13 resolution, made its findings that the proposed project will not 14 have a significant effect on the environment. 15 3. The reasons for this finding are : though the proposed 16 installation will be growth inducing in that the. installation will . 17 allow new and additional industrial endeavor within the service FF 18 area , the growth inducing aspects are not large when viewed in the . 19 context of the total district; the service area is already 20 industrially occupied and is in need of the installation for 21 fire protection, and the owners and occupiers of the lands within 22 the service area have long-advocated the installation by the 23 District, 24 4. The initial environmental assessment form and support- 25 ing environmental checklist was prepared by COOK ASSOCIATES, 26 engineering and water consultants for the District, thereafter 27 reviewed by staff, management and board. Copies may be obtained 28 at the District office , Truckee, Nevada County, California. 29 Dated: August 29 , 1974. ram, i 30 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 31 ...ATTEST: By ROY WATERS, President of the 32 Board of Dirdctors Clerk thereof Exhibit "A" - Resolution 7417 188-C t 1 RESOLUTION NO. 74 18 2 OF 3 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 4 FINDING THAT THE "ARMSTRONG SYSTEM UPGRADING" WILL NOT HAVE A SIGNIFICANT ENVIRONMENTAL 5 IMPACT, ORDERING PREPARATION, FILING AND POSTING OF A NEGATIVE DECLARATION, SETTING 6 PUBLIC HEARING FOR APPROVAL OR DISAPPROVAL OF THE PROJECT AND THE NEGATIVE FINDING 7 8 WHEREAS, TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, by and 9 through its Board of Directors, has ordered the preparation of 10 plans, specifications and other documents- for the upgrading of 11 the proposed ARMSTRONG SYSTEM UPGRADING; and 12 WHEREAS, the Board of Directors directed the preparation of 13 an environmental assessment illuminating the impacts of the 14 proposed ARMSTRONG SYSTEM UPGRADING, and the District' s water 15 consultant has conducted an investigation and prepared an 16 environmental assessment describing the impact of the proposed 17 work and said assessment has been reviewed by the management 18 and staf f of the District; and 19 WHEREAS, the Board of Directors has reviewed the environ- 20 mental assessment in light of the collective knowledge of the 21 general area and the needs of the District; 22 NOW, THEREFORE, and pursuant to the Local Guidelines 23 Implementing The California Environmental Quality Control Act of 24 1970, as amended, adopted by the District on June 5, 1973 , 25 Resolution No. 73-07; 26 BE IT RESOLVED, as follows: 27 1. The Board of Directors of TRUCKEE-DONNER PUBLIC 28 UTILITY DISTRICT finds that the proposed ARMSTRONG SYSTEM 29 UPGRADING will not have a significant effect on the environment. 30 2. A negative declaration shall be prepared, a copy of 31 which is attached hereto, marked Exhibit "A" , and made a part 32 hereof. Immediately thereafter a true and correct copy of said Page 1. 189 1 negative declaration shall be filed with the County Clerk of the 2 County of Nevada, and a copy shall be posted at the District 3 office at Truckee, California as well as any other place or 4 places as may be directed by the Board of Directors. 5 3. At its regular meeting to be held SeT)teml)er 1.7., 1974, at 6 the District office, the Board of Directors will meet in public 7 session at which members of the public may appear and present 8 their views prior to the Board' s determination to approve or 9 disapprove the project and prior to the final "Notice of 10 Determination" by the District as to whether the project will or 11 will not have a significant effect on the environment. 12 4. A copy of the env°ironmental, assessment form and 13 environmental assessment checklist shall be kept on file at the 14 District office and shall be available for public inspection at 15 all reasonable hours. Copies may be obtained at the District 16 office by any member of the public interested therein, the costs 17 thereof to be borne by the District. 18 5. Immediately following said public hearing on SentembeT 19 1711 1974 , the District shall cause to be prepared a "Notice of 20 Determination" on a form as prescribed by law and the Local 21 Guidelines adopted by the District, setting forth the decision of 22 the District to approve or disapprove the project, whether the 23 project will or will not have a significant environmental impact, 24 and a final determination of whether or not an environmental 25 impact report will be prepared. Said Notice of Determination will 26 then be filed with the County Clerk with a copy of the Negative 27 Declaration attached and a copy posted at the District office for 28 a period of ten days. 29 Passed and adopted by the Board of Directors of TRUCKEE- 30 DONNER PUBLIC UTILITY DISTRICT at an adjourned regular meeting 31 thereof duly called, noticed and held in said district on the 32 29th day of August, 1974 , by the following roll call vote : Page 2. Resolution No . 7418 189-A t 1 AYES: John :raid it ?wane A_naerson ► 2 Patricia SlAtton r Rov Waters , 3 4 5 NOES: None 6 ► ► 7 . 8 9 ABSENT: Rex .AnJer- son. 10 . 11 12 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 13 Y 14 ROY WATE resident of the Board of 0irectors 15 16 ATTEST: too"- 17 � 18 erk the of 19 20 21 22 23 24 25 26 27 28 R. 29 30 31 32 Page 3. Resolution No , 7418 Page 189-B 1 NEGATIVE DECLARATION 'z y 2 BY ~ 3 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 4 CONCERNING 5 ARMSTRONG SYSTEM UPGRADING 6 1. The proposed project, commonly known as "Armstrong 7 Sy.stem Upgrading" , consists of . construction of domestic water 8 facility improvements to the Armstrong tank and facilities for 9 the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, Truckee, Nevada County, 10 California. 11 2. At an adjourned regular meeting of the Board of 12 Directors of said district held August 29 , 1974 , the Board, by 13 resolution, made its finding that the proposed project will not 14 have a significant effect on the environment. 15 3. The reasons for this finding are: there will be a 16 minimal adverse environmental impact resulting from the construc- . 17 tion and -there will be positive , beneficial impacts consisting of 18 greater continuity of water .service, greater fire flow, lesser 19 operating costs and increased reliability. 20 4. The initial environmental assessment form and support- 21' ing environmental checklist was prepared by Cook Associates, 22 . engineering and water consultants for the District, thereafter 23 reviewed by staff, management and board. Copies may be obtained 24 at the District office, Truckee, Nevada County, California. 25 Dated : August 29, .1974. 26 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT ' 27 by ~ ROY WATERS, President of the 28 Board of Directors 29 ATTEST: 30 Clerk. thereof 31 32 EXHIBIT "A" Resolution No. 7418 189-C . s i i i i 1 ' RESOLUTION NO. 74 19 1 i 1 of 2 I TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 3 { FINDING THAT THE PROPOSED CONSTRUCTION OF "HIGHWAY 267 4 SYSTEM INTER-TIE" WILL NOT HAVE A SIGNIFICANT ENVIRON- MENTAL EFFECT, ORDERING PREPARATION, FILING AND POSTING 5 ' OF A NEGATIVE DECLARATION, SETTING PUBLIC HEARING FOR i 6 APPROVAL OR DISAPPROVAL OF THE PROJECT AND THE NEGATIVE FINDING 7 8 WHEREAS, TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, by and 9 through its Board of Directors has ordered the preparation of 1 g , P p , 10 ! plans, specifications, studies and other documents for proposed 11 construction of a water line inter-tie linking the Southside Well 12 and Spring of the District to the Truckee water service area, 1 13 commonly known as HIGHWAY 267 SYSTEM INTER-TIE; and I 14 WHEREAS, the Board of Directors directed the preparation 15 of an environmental assessment illuminating the impacts of the 16 proposed pr©ject, and the District' s water consultant has conduc- 17 ted an investigation and prepared an environmental assessment 18 describing the impact of the proposed work and said assessment has 19 been reviewed by the management and staff of the District; and 20 WHEREAS, the Board of Directors has reviewed the environ- 21 mental assessment in the light of the collective knowledge of the 22 general area 'and the needs of the District; 23 NOW, THEREFORE, and pursuant to the Local Guidelines 24 Implementing The California Environmental Quality Control Act of 25 19_7 0, as. amended, adopted by- the District on June 5, 1973, 26 resolution No. 73-07 ; 27 BE TT RESOLVED, as follows: 28 1. The Board of Directors of TRUCKEE--DONNER PUBLIC 29 UTILITY DISTRICT finds that the proposed. HIGHWAY .267 SYSTEM 30 INTER-TIE will not have a significant effect on the environment. 31 2. A negative declaration shall be prepared, a copy of 32 which is attached hereto, marked "Exhibit "A" , and made a part Page 1. Page 190 I i i i I� I i i i 1 1 ' hereof. Immediately thereafter a true and correct copy of said �4 2 ` negative declaration shall be filed with the County Clerk of the 1 i 3 County of Nevada, and a copy shall be posted in the District a 4 ! office at Truckee, California as well as any other place or 5 places as may be directed by the Board of Directors. ` 6 s 3. At its regular meeting to be held SeDtem.ber 17,1974, at 7 the District office, the Board of Directors will meet in public 8 session at which members of the public may appear and present { 9 their views prior to the Board' s determination to approve or 10 disapprove the project and prior to the final "Notice of 11 I, Determination by the District as to whether the project will or i 12 will not have a significant effect on the environment. I 13 4. A copy of the environmental assessment form and 14 environmental assessment checklist shall be kept on file at the 15 District office and shall be available for public inspection at 16 all reasonable hours. Copies may be obtained at the District I 17 office by any member of the public interested therein, the costs I 18 thereof to be borne by the District. 19 5. Immediately following said public hearing on September 20 179 1974, the District shall cause to be prepared a "Notice of 21 Determination" on a form as prescribed by law and the Local 22 Guidelines adopted by the District, setting forth the decision of 23 the District to approve or disapprove the project, whether the 24 project will or will not have a significant environmental impact, 25 and a final determination of whether or not an environmental { 26 impact report will be prepared. Said Notice of Determination 27 will then be filed with the County Clerk with a copy of the 28 Negative Declaration attached and a copy posted at the District 29 office for a period of ten days. 30 Passed and adopted by the Board of Directors of TRUCKEE- 31 DONNER PUBLIC UTILITY DISTRICT at an adjourned regular meeting 32 thereof, duly called, noticed and held in said district on the Page 2 . Resolution 7419 Page 190-A 1 29th day of August, 1974, by the following roll call vote : f 2 s i PO'` 3 AYES: John. Craig , 1luane Anrl.erson , 4 Patricia Sutton , Rov Waters , i 5 I • 6 7 NOES : 'done $ 9 • i 10 11 ABSENT: Rex Anr.erson 12 • i 13 14 TRUCKFF DONNER PUBLIC UTILITY DISTRICT I 15 f 16 By ROY 'WAT res:Ldent of the 17 Board oUDirectors 18 ATTEST: 19 i r" 20 f i Clerk they of 21 22 23 24 25 26 f 27 28 29 30 31 32 Page 3. Resolution 7419 . Pg. 190-B 1 NEGATIVE DECLARATION 2 by 3 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 4 CONCERNING 5 WEST RIVER STREET MAIN EXTENSION 6 1. The proposed project, commonly known as "West River 7 STreet Main Extension" , consists of construction of a water line 8 to the industrial area along West River Street, for consumptive 9 water and fireprotection, within the boundaries of TRUCKEE-DONNER 10 PUBLIC UTILITY DISTRICT, Truckee, Nevada County, California. 11 2. At an adjourned regular meeting of the Board of Direc- 12 tors of said district held August 29, 1974 , the Board, by 13 resolution, made its findings that the proposed project will not 14 have a significant effect on the environment. 15 3. The reasons for this finding are: though the proposed 16 installation will be growth inducing in that the installation will 17 allow new and additional industrial endeavor within the service 18 area, the growth inducing aspects are not large when viewed in the 19 context of the total district; the service area is already 20 industrially occupied and is in need of the installation for 21 fire protection, and the owners and occupiers of the lands within 22 the service area have long-advocated the installation by the 23 District, 24 4. The initial environmental assessment form and support- 25 ing environmental checklist was prepared by COOK ASSOCIATES, 26 engineering and water consultants for the District, thereafter 27 reviewed by staff, management and board. Copies may be obtained 28 at the District office, Truckee, Nevada County, California. r 29 Dated: August 29, 1974. 30 TRUCKEE-D ER PUBLI UTILITY DISTRICT 31 --ATTEST: By ROY WAT R , resident f the 32 Board - Dirdctors Clerk ereof Page 191 1 NEGATIVE DECLARATION 2 BY 3 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 4 CONCERNING 5 ARMSTRONG SYSTEM UPGRADING 6 1. The proposed project, commonly known as "Armstrong 7 System Upgrading" , consists of construction of domestic water 8 facility improvements to the Armstrong tank and facilities for 9 the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, Truckee, Nevada County, 10 California. 11 2. At an adjourned regular meeting of the Board of 12 Directors of said district held August 29 , 1974 , the Board, by 13 resolution, made its finding that the proposed project will not 14 have a significant effect on the environment. 15 3. The reasons for this finding are: there will be a 16 minimal adverse environmental impact resulting from the construc- 17 tion and there will be positive , beneficial impacts consisting of 18 greater continuity of water service, greater fire flow, lesser 19 operating costs and increased reliability. 20 4. The initial environmental assessment form and support- 21 ing environmental checklist was prepared by Cook Associates, 22 engineering and water consultants for the District, thereafter 23 reviewed by staff, management and board. Copies may be obtained 24 at the District office, Truckee, Nevada County, California. 25 Dated: August 29, 1974. 26 TRUCKEE-DO ER PUBLIC UTILITY DISTRICT 27 by ROY WATER , President of the 28 Board o irectors 29 ATTEST: 30 Clerk th re f 31 32 Page 192 i E: j; 1 NEGATIVE DECLARATION �f 2 r by 1 E 3 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 4 CONCERNING 5 HIGHWAY 267 SYSTEM INTER-TIE 6 1. The proposed project, commonly known as "Highway 267 � - 1 7 System Inter-Tie" , consists of construction of water line inter 8 tie line linkingthe District' s Southside well and Spring to the P g 9 1 water service area of downtown Truckee, thus providing an alter- 10 I nate routing of this major source of water to the major con sump- 11 1 tive service area, all within the boundaries of TRUCKEE-DONNER 12 PUBLIC UTILITY DISTRICT, Truckee, Nevada County, California. 13 2. At an adjourned regular meeting of the Board of Direc- 14 tors of said district, held on August 29, 1974, the Board, by 15 resolution, made its findings that the proposed project will not 16 have a significant effect on the environment. 17 3. The reasons for this finding are: there will be no 18 long term environmental impacts; there will be a limited impact 19 of traffic interruption during construction of about two weeks; 20 there will be a major environmental benefit to the region and 21 District by virtue of linking the major source and demand of 22 water. 23 4. The initial environmental assessment form and support- 24 ing environmental checklist was prepared by COOK ASSOCIATES, 25 engineering and water consultants for the District, thereafter 26 reviewed by staff, management and board. Copies may be obtained 27 j at the District office, Truckee, Nevada County, California. r 28 Dated: August 29, 1974. 29 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 30 31 ATTEST: By RO w , Presidbnt of the 32 Boar f Directors I C er reo Page 193 ii 1 j DECLARATION OF POSTING 2 3 I , the undersigned, say: 4 I am over the age of eighteen years and a competent 5 witness herein. 6 On September 10 1974 , I posted on the bulletin 7 board at the office of TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, 8 Truckee, Nevada County, California a true and correct copy of 9 Negative Declaration by TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 10 concerning WEST RIVER STREET MAIN EXTENSION, which declaration 11 is dated August 29 , 1974. 12 I declare under penalty of perjury that the foregoing is 13 true and correct. 14 Executed on September 10 , 1974 , at Truckee, California. 15 - 16 • 17 18 19 20 21 22 23 24 25 26 27 28 Pg. 194 i 1F 1 3t I 1 DECLARATION OF POSTING 2 3 I , the undersigned, say: 4 I am over the age of eighteen years and a competent 5 is witness herein. 6 On September 10 , 1974 , I posted on the bulletim 7 board at the office of TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, 8 Truckee, Nevada County, California, a true and correct copy of 9 Negative Declaration by TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 10 concerning ARMSTRONG SYSTEM UPGRADING, which declaration is 11 dated August 29 , 1974. 12 I declare under penalty of perjury that the foregoing is 13 true and correct. 14 Executed on September 10 , 1974 , at Truckee , California. 15 ' 16 LA 17 18 19 20 21 22 23 24 25 26 27 28 Pg. 195 F t.eie (rr1 S g 1 , DECLARATION OF POSTING i� 2 3 I, the undersigned, say 4 T am over the age of eighteen years and a competent 5 witness herein. 6 On September 10 , 1974, 1 posted on the bulletin 7 board at the office of TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, 8 Truckee, Nevada County, California, a true and correct copy of 9 - R B UTILITY DISTRICT Negative Declaration by TRUCKEEDONNE PUBLIC 10 concerning HIGHWAY 267 SYSTEM INTER-TIE, which declaration is 11 dated August 29, 1974. 12 j I declare under penalty of perjury that the foregoing is 13 true and correct. 14 Executed on September 10 1974, at Truckee, California. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t Page 196 RESOLUTION NO. 7420 of TRUCKEE-DONNER PUBLIC UTILITY DISTRICT AMENDING RESOLUTION No. 73-07, ADOPTED ON JUNE 51 1973, PROVIDING LOCAL GUIDELINES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED, PROVIDING FOR AMENDMENTS TO SAID LOCAL GUIDELINt8._ FOR THE PREPAR- ATION OF ENVIRONMENTAL IMPACT REPORTS WHEREAS, on June 5 , 1973, TRUCKEE-DONNER PUBLIC UTILITY DISTRICT adopted Local Guidelines Implementing The California Environmental Quality Act'..of 1970, as amended to that date, by Resolution No. 73-07, said local guidelines being on file in the office of the District at Truckee, Nevada County, California; and WHEREAS, certain sections of the Act have been since amended requiring the District to amend the Resolution No. 73-07 and the local guidelines, said amendments being attached hereto, marked Exhibit "A" , and by reference made a part hereof; NOW, THEREFORE, BE IT RESOLVED by the BOARD OF DIRECTORS of TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, that said District does hereby amend Resolution No. 73-07 by this amending resolu- tion to adopt and accept said Exhibit "A" amendments , and the said Local Guidelines are hereby amended as set forth herein. Passed and adopted by the Board of Directors of TRUCKEE- a(.j ourneO. DONNER PUBLIC UTILITY DISTRICT at a regular/meeting thereof duly called and held in said district on the 29th day of Seteml er , 1974, by the following roll call vote : AYES: John cTaia ► ?wane A.nJerson Pa:LrjQ.ja Suttgn r Roy' Waters NOES: None �. ABSENT: Rex Anderson' Page 1. Page 197 Resolution No. 74 20 Page 2. TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By' f ROY WERS, President of the Boa of Directors ATTEST: f 1 • Cle k T e of Pg. 197-A Section 10 is amended to read: §15025 Section 10. Emergency means a sudden and catastrophic calamity, caused by an occurrence or combination of occurrences of statewide or local impact such as fire, flood, landslide, earthquake, or other natural disaster, riot, war, accident, or sabotage, demanding immediate action to prevent or miti- gate loss or damage to life, health, property or essential public services . Section 15.5 is added to read: §15029.5 Section 15.5 Initial Study means a preliminary analysis pre- pared pursuant to Section 26 to determine whether an EIR or a Negative Declaration must be prepared. Section 16 is amended to read: §15030 Section 16. Lead Agency- means the public agency which has the principal responsibility for preparing environmental docu- ments and for carrying out or approving a project which may have a significant effect on the environement where more than one public agency is involved in the same under- lying activity. Section 17 is amended to read: E §15033 Section 17. Negative Declaration means a Statement by the Dis- trict briefly presenting the reasons that the project, although not othenTise exempt, would not have a significant effect on the environment and therefore does not require an EIR. Section 21.5 is added to read: §15037 Section 21.5 Responsible Agency means an agency which proposes . to undertake or approve a project but is not the lead agency . for the project, and includes all agencies having approval power over the project other than the lead agency. Exhibit "A" , page 1 of three pages Resolution No . 7420 Page 197-B Section 29 is amended to read: §15083(b) A. Contents . A negative declaration shall be a concise one-page statement submitted on a form entitled "Negative Declaration" and containing the following information: (1) a description of the project; (2) a finding that the project will not have a significant effect on the environment; (3) a brief statement of reasons to support the findings; and (4) a statement indicating who prepared the initial study and stating that a copy may be obtained at the s f District Office. §15083(b) B. Filing. Upon completion of a negative declaration, it shall be filed with the County Clerk. C. Posting Notice of :negative Declaration. Simultaneously with the filing of a negative declaration with the County Clerk, the Manager shall cause to be posted at the District's office, a copy of the negative declaration. §15083(b) D. Board Approval or Disapproval of Proiect. Following & (c) the filing of the negative declaration with the county clerk and posting thereof, out in no event sooner than fifteen days following the date of filing with the county clerk, the Board may consider the project at a regular or special meet- ing for purposes of approval or disapproval. Members of the public may appear before the Board and present their views prior to the Board's determination to approve or disapprove rpm* prior project. ji F §15083(c) E. Notice of Determination. Following approval or dis- approval of the project, the District shall cause to be prepared a Notice of Determination on a form attached hereto as Exhibit "C" which shall contain the following: (1) the decision of the District to approve or dis- approve the project; (2) the determination of the District as to whether the project will or will not have a significant effect on the environment; and s (3) a statement of whether an EIR has been prepared. §15083(c) Said notice then shall be filed with ttze County Clerk of the (2) county or counties in which the project is :located, with a copy of the negative declaration attached. Exhibit "A" , page 2 of three pages Resolution No . 7420 Pg. 197-C d i F. Posting Notice of Determination. Simultaneously with the filing of the Notice of Determination the District shall cause to be posted at the District 's office a copy of the Notice of Determination, with a copy of the negative *: declaration attached. G. Costs. As to projects covered by Article III, Sec- tion 21 A (2) and (3) , the person or entity proposing to carry out the project requiring approval by the District shall bear all costs incurred by the District in preparing and filing the Negative Declaration. Section 31 "D" is amended to read: §15100- D. Class IV: Minor Alterations to Land. Class IV consists 15115 of minor public or private alterations in the condition of land, water and/or vegetation which do not involve the re- moval of Mature, scenic trees except for forestry and agri- cultural purposes. ExaTaples include but are .not limited to: (1) small water diversion facilities; (2) grading on land with a slope of less than 10 per- cent except where it is to be- located in a waterway, in any wetland, in an officially designated (by Federal, State or local governmental action) scenic area, or in officially mapped areas of severe geologic hazard; (3) new gardening or landscaping; (4) filling of earth into previously excavated land with material co zinatible with the natural features of the site; (5) minor alterations in land, water and vegetation on existing officially designated wildlife management areas of fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish pro- duction. ExhibSit "A" , page 3 of three pages t Resolutions No. 7420 t Pg. 197-D L 'j ^i Alexander Grant 8 COMPANY INTERNATIONAL FIRM CERTIFIED PUBLIC ACCOUNTANTS ALEXANDER GRANT TANSLEY WITT August 19, 1974 Truckee Donner Public Utility District Post Off ice Box 308 Truckee, California 95734 Attention: Lyle Cash Dear Mr. Cash: We are enclosing a copy of our computer printout which shows the time spent on the audit and related work involved in our recent billing for $6,400.00. You will note the time is recorded in fifteen day increments. If a more detailed breakdown is needed, we have time sheets which show the hours for each day in the period, although, not any more descriptive. We also have an audit summary which will show how much of the time was segre- gated in the work between such major audit areas as cash verification, receivable analysis, fixed asset review and other major areas of audit effort. If this data is not sufficiently detailed -to provide the data requested by the Board, please advise us. it will take considerable time to accumulate additional data and we do not wish to do this unless specif- ically requested. When the time was multiplied by our normal billing rates, the fee calculated to $7,494.86, which we reduced by approximately 17% to ,�-- $6,400.00 in view of the special nature of the district and other consid- erations we felt were applicable. I plan to see you Tuesday, September 3, 1974. Best regards. Very truly yours, ALEXANDER GRANT & COMPANY r JLMurphy Partner cn enclosures . . ARLINGTON TOWERS P.O. BOX 30 RENO, NV 89504 (702) 786-1520 Pg. 198 t-4ATL WORK-IN-PROCESS RE._ORT AS OF b/15/74 06-87350, TRUCKS-DUNN . ar, a HARGEAbLE _EK ASSIGN HOURS CH R,EAa E L EXPENSES TOTAL ING NUM3ER DESCRIPTION HOURS VALUE EXPENSES TOTAL - - 4.50 4.50 2050 2.50 5/74 216720 STUFF c. STAMP EPS •50 3U4.JJ 5/74 216720 TRIAL BALANCE 9000 153.U0 153.00 35.50 5/74 216720 ENVELOPES AUDIT 2.00 16.00 16.J0 12.0000 9/74 216120 TELEPHONE 2e50 2051 2.50 2•ap 6.J0 9/74 216720 TELEPHONE6.00 9/74 216720 TELEPHONE 2.2U 2.5J 42.75 9/74 216720 TELEPHONE 2.5J 20:U 33.25 11/74 216720 POSTAGE E OTHER 9.L4 9024 .- 10.5U 1J5t' 1`�.00 1/74 216720 TRAVEL . 3.J„ 1/74 216720 TRAVEL 21•U0 210JO 6.JO 15/74 216720 POSTAGE C OTHER .46 046 160000 15/74 216720 CARRAHEK 210 00 21.JO • 5.l4 5. 74 15/74 216720 TELEPHONE 2•20 2''U 2.�0 2030 15/74 216720 TELEPHONE 2.5U 2050 2.950 2.50 15/74 216720 PRE-AUDIT 1.75 35.00 35oiJ 2.5U 2*50 15/74 216720 PRE-AUDIT 3.00 90000 90.JD 2• U Z•50 1/74 216720 FIELD WORK 45.50 864.50 664•5j 2•50 2.50 1/74 Z16720 TRAVEL 273.00 273.UD POSTAGE �: OTHER .12 .12 2•�0 2.5� 31/74 216120 •21 .ZU 31/74 216720 TELEPHONE 2 a� 2.50 2.50 2.50 360.O3 31/74 216720 TELEPHONE y0.00 31/74 216720 OPINION AUDIT FIELD WRK 45*UU 90000U 9ju-soJ 150,JJ 31/74 216720 AUDIT FIELD WORK 58000 1r 740.00 1 r 740.00 2 72.UO 31/74 216720 VARI UUS RE FS C AUDIT 17.00 340.JU 343o uU •99 099 15/74 216720 TIME RE CAL REPORT EEW 11.00 220900 220.J 0 *99 •,) 15/74 216720 4:00 80000 00•U' 2.;0 2.50 15/74 216720 RVW WP h FS 10.T5 40B.54 403•�0 2.5J 2.5U 30/74 216720 REV FS E WP��`�'`--- ------ 5.00 225.O0 225.00 , b720 FS 4.Q0 40.00 9.�?J 9.�J 3U/74 21 4Q•00 Z•50 2.5J 2•50 2.50 30/74 216720 TELEPHONE $407.36 $794y4o0- 6* 30/74 216720 POSTAGE Z OTHER .12 012 30/74 216720 PROOFING FS REPORT 2.00 24.JO 24.0u 30/74 216720 FS E ANNUAL REPORTS 16.75 16 7.50 16 t.5u 30/74 216720 READING REPORT & FS 1000 8000 3.00 IALS DATE 30/74 216120 VARI JUS RE FS 4.OU 80000 o0•DU 30/74 216720 MATH CHECK 2.00 34.00 34.OJ 0 TELEPHONE 2.5U 2.50 HG PREM. UK 30/74 21672 I-SCOUNT TU ~' 30/74 216720 TELEPHONE 2.5U 2.5J 6 0 TELEPHONE 2.50 30/7474 2172 2.50 NM � r AIL WORK-IN-PROCESS REPORT AS JF 6/15/74 CLIENT NO. 006-87350 9 TRUCK S-DONN STAFF STAFF WFEK ASSIGN HOURS CHAR:',EA dL E NJ. NAME EhD I wt, NU M3ER DESCRIPTION HOURS VALUE EXPENSL S TOTAL 67 0 STUFF c: STAMP EPS .50 4.50 4.50 74612 ANDERyON� 1I1ti/74 21 2 y•00 153.00 153.�J O 74315 HEWITT, JO 1/15/74 2161 20 TRIAL BALANCE 2.00 16*00 16*J3 74662 NL SLER 9 MA 1/15/14 2-167 20 ENVELOPES AUDIT 2.50 2. 1/29/74 21612U TELEPHONE 1/29/74 216720 TELEPHONE 2.2U 2.7J 1/29/74 216720 TELEPHONE 2.5J 2.5U 1/29/74 216720 TELEPHONE b720 POSTAGE � OTHER 9.24 9.Zrt 1/31/74 21 10.5U 10.5 1/:31/74 216720 TRAVEL 21.uc) 21 o 30 F 1/31/14 216720 TRAVEL *46 046 2/15/74 216720 PLISTAGF C OTHER L1.00 21030 4 216720 GARRAHER 2/15/7 2.:)0 2. - �0 2/15/74 216720 TELEPHONE 2.5U 2.50 2/15/74 216720 TELEPHONE 1.75 35.JO 35.JJ 74237 CARRAHER, 3/15/74 216720 PRE-AUDIT 3.00 90.00 90.13 74310 HE SSE L• J. 3/15/74 216120 PRE-AUDIT 45.50 864.50 664.5 J : r365 MCCOi�lAS, Q :3/31/74 216720 FIELD WORK 273.+]0 273.U0 3/31/l4 216720 TRAVEL •1L 012 3/31/74 216120 POSTAGE L OTHER 2*:)U 2050 3/31/74 216720 TELEPHONE 2.50 2050 3/31/l4 216720 TELEPHONE - b120 OPINION AUDIT FIELD WRK 45.U0 yoO.oU yJU.°JJ 74237 �ARRAHER, 3/31/74 21 58.00 1,740.00 1,740.JO 74310 HCSSEL, J. 3/31/74 216720 AUDIT FIELD Wig 17�JO 34p.JU 340.Jv 74237 CARRAHER, 3/31/74 216720 VARIUUS RE FS AUDIT 6720 TIME RE CAL DEPORT EfW 11.00 220.00 ZZU•J�► 74237 C:ARRAHERr 4/15/74 21 4.00 80.00 00.0: 74237 CARRAHER, 4/15/74 216 720 1oo 75 408.50 4Ja•�U 74210 AR TEAGA, L 4/15/74 216720 RVW WP £ FS __ 5.00 225.UO 225.0" 7 4 U o G M U it P'r�Y, J. 4/3 0/14 216720 REV FS E W P�_.-.____.._____� .__ --_-.� 6 720 FS 4.00 40.00 _ 40.J U 7461U ANUERSUN, 4/30/74 21 2•50 2o5J 4/30/74 216720 TELEPHONE .12 •12 4/30/74 216720 POSTAGE � OTHER L4•Jo 74640 HANNUIN t KA 4/30/74 216720 PROOFING FS DEPORT 2 •�+00 24•JO lu7.50 74 6-r7 KEELING, C . 4/30/74 216120 FS C ANNUAL REPORTS 16.7� 167.50 dodo • - LEK MA 4/30/74 216720 READING REPORT � FS 1.00 8.00 74oc�2 lyE S � 4Q0 80.00 cs�7.Oo . 74237 CA4RAHER, 4/30/74 216120 VARIJUS RE FS 00 3400 34.O� 74234 BROWNr BRA 4/30/74 216720 MATH CHECK 2 -. 4/30/74 216720 TELEPHONE 2050 2:-:5 ..... 4/30/74 216720 TELEPHONE 2.50 20�0''_ . 4/30/74 216720 TELEPHONE cc, Commercial Union Assurance Companies I 1713 J STREET,SUITE 1,SACRAMENTO,CALIFORNIA 95814 >r."l-A 111..Ali August 16, 1974 z v Tahoe Pyramid Insurance P. O. Box 261 King's Beach, California 95719 Attn: Terry Thompkins Re : Truckee-Donne r Public Utility District Dear Jerry: This is in answer to the letter of August 8, 1974 directed to you Jose ou b h Joynt respecting the employees bond issued p to Truckee-Donner P.U.D. P I shall attempt to answer Mr. Joynt's inquiries in the order in which he has listed them in the second paragraph of his letter. (1.) Nature and Purpose of Bond: To cover dishonest or fraudulent acts committed by any employees of the district whe the r an employee acts alone or in collusion with other employees. (see Insuring Agreement 1 B of attached bond form.) (2.) Who is covered : See Page III of attached material Definition of Employee. (3,) Amount of Covera e : Each employee (as r Definition of Employee) is covered up to $80,000.00 (See Page I of form attached) . I trust the above brief explanation together with the material attached will provide ide the inquiring party with the desired information. Re d s, !` a F. Roberts Manage r/Unde rwr it ing �f17!'11}I 11l1r� �� EIr�111 rs11 Oil"s•1 1�11i1��/111 a I Its, 1111��``�`'1 r1�11Y 111�111�1t11Y� /1111N 11' mos �� r11►1� r �11{llll{11�11/lull Y t•ICl/IIId11V ;`111i•111M {{IM r-4111111f'/11^��il/N1111 l'lllut/NIly11r Allll•1{{N r t•111111111•11'111 1�11I1►11(111�IllrlllNll�M l'f111►1`M11'1` Page -199 For Use, With ' Comprishertnsiva Business Policy PART VII -A COMPREHENSIVE CRIME FORM I DECLARATIONS :tern _ -------_-__---- - --- __-__----- -� COVERAGES LIMITS OF LIABILITY }; ----- - ---- --— ------- ----— ----- Insuring Agreement IA Employee Dishonesty (Cow- mercial BlanKet) _nverage I $ i i Insuring Agreement IB Employee Dishonesty I. Blankft 4 I Position) Coverage v Insurirg Agreement II Loss Inside the Prem,s-, i Coverage I ' I � t Insuring Agree'r:ent III Loss Outside tie Premises i Coverage ! O V i Insuring AgrePmer-t IV Money Orders ar�cj ,"te. +• Paper Ci,rrer,(7; l._ove'Age _ I � I Insuring Agreement V Depositors F,,rgr-► C_o'�erage i I If added by endorsement: Insuring Agreement -- .j The liability of the Company IS SUbJect to the terms .of one i,)ilowing er,00r5e•vent,, .!tta�-he✓d hereto: , I The Insured by the acceptance Of this Part VII g vE'S of+�E' to the. C.orTmFar,y 1,-rn1,nat:ng or cancel r, prl;jr I sucrt rerm-natlon of can.-e,a' On to be effe_ a-,t+ve a of tl:e or policy{ies) No.(s) i tr i s Part VII becomes effective. The +rts::r ng Agreernents. General Agreements Conditions and L.',*attonS 1''.! •:•'r'r rerrn,, of 'his Part `,,'0 ip; 1ieL !,erein and none of the provisions, strp�,tat`Ions and other to-cs e c r. 'U ..t -► ,, ,. ►',;rt v; 5 Ott 3< n J ;,�c. •: e here.;rder except as expressly provided i^ this Part VII. t r e f ?r.3','i)r 'T-i e f part �Iert' .. rr,.• r '.' ��`� -hf :�,iny, Ir% rontilderation of the payment of the premium. ar�� s�; ,ec=t to the Le 5 c3 men.-< �.a'.dltlons and L Imitations and other terms of ttlis Part �` agree$ •w'.th ty e '1i:irPd, rlar~`?d the -jF' C 0 1_ t'. acco,dance rv:t`t such Of the Insuring Agreernents herE' >' as .srP r n the Table of L_ rrsts of Liability Of this Part \v li, to pay ct;e it-,s creCi `Or INSURING AGREEMENTS EMPLOYEE DISHONESTY COMMERCIAL ,3ke to tre re••'I es c ,�cr �:�fe :.,rgi:ir� ricer, or BLANKET COVERAGE f,,:l;,ti,• ,,' ' •.t,. t r-•to C-•t'.I',i:�t'S :�. fir,.-.•-.S't�t'Cec3i �`C;iI'�C,.i Iti 'r- ft'S;_`E'l.t ?. 0tr"eT proper.•, rIOL eA,-eer.rl,y t' Suring .Agreement lA through any fraudulent -)► LOSS OUTSIDE THE PREMISES COVERAGE Of the act- � � P r n .ti:Cl JthCtS. I $ ter ►tics. P�. 3r r•_:�rl!;R±S F. t! 71ttt.' S r'� r7 QESTY BLANKET POSITION COVERAGE :1's;i�':�P<�ran`-e .'r Y.rnr�.x�.�� absira-•�_, 7YEE . I fSuTN `'�' YeiPd t)� l 'IYSSerf.i i .y i t'd I .,i>,-,r `. ;c'e cobmpany. or W';, ie W '�? !i t4 r;• r, A It In s -. •:>'s and other prc,i erty s. c.^ ;i : ., jich._r,e5� ;iCt an,, f,1 I st •rD,_,gt•. any fraudulent o1 f_1 t-.j an. o, ttie E- iployees. Fr s t�4' .�rt,O;in( of tnSUfanCe �n f+.. �f 5u'_`1 �. ?f oche' prot~ert, t'y Rcbt,ery' I f ♦ i rr,to �<•i -:,Sas Wh'lf' '-•►"r!g C:)rVeY"C� !:y a llP•.Senger Jr :iny' '..�,• ec r;N r:� t.Ile ci".l1u�I'. S'tfled In the Tac:•� :: �1^.I S . 1 r.., . r �, r their y,.+, It'. vI•t the tfils InS`..r•ng A.greerre^.t `•B I IrrnC7•P-, 7,)' NPIiI. }f �'l�.%iny, O Y 1 .<SrterS } itle F'�"ie Of env "�'(IssP`"Iger. `~OSS iNSIDE THE PREMISES COVERAGE r`'_,•:er i i(� �e�uritles by t�F actual i�estru:• ur• MONEY ORDERS AND COUNTERFEIT PAPER �itistract,, thereof o�Ithin : ; -,e Pre CURRENCY COVERAGE r s: r rP,:og-. i_e.d +.., .,I(' ,:i �inY Ba. ►cI Premises o msla. j i . in exc�iange for 1>✓. `, s•: :. :e ?c. rFr.P a• .rep:an._e ,n goo' ai.h, a�r s ` :safe :iepo s+t _,,. ^lcney ,r sPr= ces- �s any pos' o" e ,�► exp•ess nee.r.. and,se, f aj O t fCY,'rLy I,l' �ift Burglary Of QLh:,rr•. �•.Ith nlf:' tr --jer. IssLiec Or �•Urportwg -,o t`,i,e `leer; 'slue'! by �l�li aitertlpt thereat, acid tb,► a fc.cwel :_a5r. :f S,_:Ch Morey -jer Is -;t or _)press �_c,mp�iry • fe` nrOi.S rntry rCG s_.;E' I ••,,n prF•s.•,�tit'I_,n. rrr `iue r`+�' j(ceptarre ,n gOCt�? F31'.�l i ... � v Premises or :lttemat LhCfPl: Or ~; $f''�," �'-5 ;r. r�:. regI_It;ir is^t.r5e ,f u`,'+IeSS c%� CQIt! .erfeiC Unitr'� �t3(P-S air.Pr fry: withi, t'.F' r-�'en'• _rc �t- i . ,f :t' -- ''t (Cor QE►01,17ORS FORGERY COVERAGE Cancellation of the insurance hereunder as respects any Em- ployee as provided in Section 14 shall apply to every Insured. V. Loss which the Insured or any bank which is included in If, prior to the cancellation or termination of this Part VII, this *>{ the Insured's proof of loss and in which the Insured carries a Part Vii or any Insuring Agreement hereof is canceled or terms- checking or savings account, as their respective interests may noted as to any Insured, there shall be no liability for any loss appear, shall sustain through forgery or alteration of, on or in sustained by such Insured unless discovered within one year any check, draft, promissory note, bill of exchange, or similar from the date of such cancellation or termination, or as respects { written promise, order or direction to pay o sum certain in Insuring Agreement 1B, within two years therefrom. Payment by money, made or drawn by or drawn upon the Insured, or made the Company to the'Insured first named of any loss under this I or drawn by one acting as agent of the insured, or purporting Part ViI shall fully release the Company on account of such to have been made or drawn as hereinbefore set forth, including loss. If the insured first named ceases for any reason to be (a) any check or draft made or drawn in the name of the covered under this Part VII, then the Insured next named shall insured, payable to a fictitious payee and endorsed in thereafter be considered as the Insured first named for all pur- the name of such fictitious payee; poses of this Part VII. (b) any check or draft procured in a face to face transaction LOSS UNDER PRIOR BOND OR POLICY with the Insured, or with one acting as agent of the Insured, by anyone impersonating another and made or C. If the coverage of an Insuring Agreement of this Pan VII drawn payable to the one so impersonated and endorsed other than Insuring Agreement V, is substituted for any prior ` by anyone other than the one so impersonated; and bond or policy of insurance carried by the Insured or by any (c) any payroll check, payroll draft or payroll order made or predecessor in interest of the Insured, which prior bond or drawn by the Insured, payable to bearer as well as to a policy it terminated• canceled or allowed to expire as of the named payee and endorsed by anyone other than the time of such substitution, the Company agrees that such lnsur- named payee without a,jthority from such payee; ing Agreement applies to loss which is discovered as provided in Section 1 of the Conditions and Li-rstations and which would •hether or not any endorsement mentioned in (a), (b) or (c)be have been recoverable by the Insured or such predecessor under = forgery within the law of the place controlling the construc- such prior bond or policy except for the fact that the time with- lion thereof. in which to discover loss thereunder had expired; provided. Mechanically reproduced facsimile signatures are treated the (l) the insurance under this General Agreement C shall be same as handwritten signatures. a part of and not 'In addition to the amount of insurance �> afforded by the applicable Insuring Agreement of this The Insured shall be entitled to priority of payment over loss Part VII; ;+ sustained by any bank aforesaid. Loss under this insuring {, Agreement, whether sustained by the Insured or such bank. (�) such loss would have been covered under such insuring shall be paid directly to the insured in its own name, except in Agreement had such Insuring Agreement with its agree- cases where such bank shall have already fully reimbursed the meats, conditions and limitations as of the time of such Insured for such loss. The liability of the Company to:such substitution been in force when the acts or events taus- bank for such loss shall be a part of and not in addition to the ing such loss were commuted or occurred; and amount of insurance applicable to the Insured's office to which j3) recovery under such Insuring Agreement on Account of such loss would have been allocated had such loss been sus- such loss shall in no event exceed the arnount which tained by the Insured. wooild have been recoverable under such Insuring Agree- If the insured or such bank shall refuse to pay any of the Trent ;n the amount for which it is written as of the time foregoing instruments made or drawn as hereinbefore set forth, of such substitution, had such Insuring Agreement been alleging that such instruments are forged or altered, and such in force when such acts or events were committed or refusal shall result in suit being brought against the insured occ-urred, or the amount which would have been recover- or such bank to enforce such payment and the Company shall able under suctr prior bond or policy had such prior bond give its written consent to the defense of such suit, then any or policy continued in force until the discovery of such reasonable attorneys' fees, court costs, or similar legal ex- loss, if the latter amount be smaller. penses incurred and paid by the Insured or such bank in such Insuring Agreement V shall also cover loss sustained by the defense sha!i be construed to be a loss under this Insuring Insured at any time before the termination or cancelation of Agreee-ent and the liability of the Company for such loss shall Insuring Agreement V. which would have been recoverable under be in addition to any other liability under this Insuring Agree- the coverage of some similar form of forgery insurance (exclu- ment. sive of fidelity insurance) carried by the insured or any pre- decessor in interest'of the Insured, had such prior forgery ir1- GENERAL AGREEMENTS surance> given all of the coverage afforded under Insuring Agree- ment V; provided, with respect to loss covered by this para- CONSOLIDATiON-MERGER graph: A. If, througn consolidation ur merger with, or purchase of (a) the coverage of Insuring Agreement V is substituted on as%ets of, some other concur. any persons shall become Em- or after the date hereof for such prior forgery coverage ployees,the insurance afforded by this Part VII shall also apply and the Insured or such predecessor, as the case may as respects such Employees, provided the Insured shall give be, carried such prior forgery coverage on the office at ,*ache Company written notice thereof within thirty days there- which such loss was sustained continuously from the 'ter and shall pay the Company an additional premium com- time such loss was sustained to the date the coverage ited pro-rata from the date of such consolidation, merger or of Insuring Agreement.V was substituted therefor; u+`hase to the end of the current premium period. (bl at the time of di-coverr of such loss. the ver►od for d.s- OINT INSURED covery of loss ender all such prior forgery ir;surarre _Wo.red, and N if -.;re tea --e 'i,sured s covered under this Part VII, the e amount of nsurani-e carried under Insuring Agree- ir-sured first n.iwed shall act for itself and for every other In- rrcnt V applicable to {he office at which such loss is scared for all purposes of this Part VIi. Knowledge possessed sustained is larger than the amount applicable to such or discovery made by any Insured or by any partner or officer office under such prior forgery insurance, and in force at tt,ereof shall, for the purposes of Sections 7, 8 and 14, consti- the tare such loss is sustained, then Inability hereunder tute knowledge possessed or discovery made by every Insured. for such loss shall not exceed the smaiier al-ovr.t. THE FOREGOING INSURING AGREEMENTS AND GENERAL AGREEMENTS ARE SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: EFFECTIVE PERIOD, TERRITORY, DISCOVERY acts cortiniitted during the Effective Period of this Part V i l by any of the Employees engaged n the regular "EFFECTIVE PERIOD" rneans the period from noon on the sere,ice of the Insured within the territory designated in,Ppt,on date to moors on the expiration date, both as snown in above or while sins Employees are elsewhere for a the De.-1,aratiOns page of the policy of which this Part VII forms l 't :ed period, �1 part, standard time as to both dates at the Insu►ed's mailing (ci :,.suring Agreement V 3Cplies only to loss sustained address shov+n on said Declarations page. i during the Effective Period of this Part Vil. Section 1- Loss is covered under insuring Agreement I B of l tti,s Part VII only if discovered not later than two years frorr I EXCLUSIONS the end of the Ltfective Period of this Part VII. Except ,ender Section 2. This Fart VII does not apply: Insuring Agreement IB, loss is covered under this Part VII only if discovered not later than cne year from the end of such Effec- (a) to loss due to any fraudulent. dnsf�t��est car criminal act i live Period b), any Insured it a partner therein, whether acting alone or n collusion witr ot.`1etis, Sjbiect to Cene►a► Agreement C: (b) Linder Insuring Agree rient IA or IB. to loss, or to that ta) this Part Vil, except under Insuring Agreement IA., IB part of any 1nss, as the case may be. the oroof of which. and V aoplies only to loss which occurs during the either as to its factual existence or as to its amount, ` ".Fffecti,.e Period of this Part VII within any of the States dependent upon; ar.. -nvertory computation or a profit and ',,`,*f.Cthe Ur�;ted States of America,the District of Columbia, loss ceirpotation, pro,,lded. nowever, that this paragraph 'Virgin Islands. Puerto Rico, Canal Zone or Canada, shall not appiy to toss of Money, Securities or other (b) lnsui,ng Agreements IA and IB apply only to loss sus- property which the Insured can prove, through evidence taitied by the insured through fraudulent or dishonest wholly apart from such computations, is sustained by th,>r' Insured through any fraudulent or dishonest act or "Safe Burglary" means (I) the felonious abstraction of Ia- acts committed by any one or more of the Employees: sured property from within a vault or safe, the door of which ri is equipped with a combination lock, located within the Prem- f (c) under Insuring Agreements 11 and Ill. to loss due to any ises by a person making a felonious entry into such vault or =g. fraudulent. dishonest or criminal act by an Employee, such safe and any vault containing the safe. when all doors director. trustee or authorized representative of any In- thereof are duly closed and locked by all combination locks cured, while working or otherwise and whether acting thereon, provided such entry shall be made by actual forte and alone or in collusion with others: provided, this Exclu violence, of which force and violence there are visible marks sion does not apply to Safe Burglary or Robbery or at- made by tools, explosives, electricity or chemicals upon the tempt thereat; exterior of(a) all of said doors of such vault or such safe and (d) under Insuring Agreements If and 111, to loss due to war, any vault containing the safe, if entry is made through such d whether or not declared,civil war,insurrection, rebellion doors, or (b) the top, bottom or waits of such vault or such or revolution, or to any act or condition incident to any safe and any vault containing the safe through which entry is of the foregoing; made, if not made through such doors, or (2) the felonious abstraction of such safe from within the Premises. �. (e) under Insuring Agreements 11 and Ill, to loss (1) due to "Loss", except under insuring Agreements IA, I B and V. the giving or surrendering of Money or Securities in any exchange or purchase; (2) due to accounting or arith- includes damage. metical errors or omissions; or(3) of manuscripts, books LOSS CAUSED BY UNIDENTIFIABLE EMPLOYEE of account or records; (f) under insuring Agreement 11, to loss of Money contained Section 4. If a loss is alleged to have been caused by the in coin operated amusement devices or vending ma- fraud or dishonesty of any one or more of the Employees chines, unless the amount of Moneydeposited within covered under Insuring Agreement IA or IB, as the case may the device or machine is recorded by a continuous re- be, and the Insured shall be unable to designate the specific cording instrument therein; Employee or Employees causing such loss, the Insured shall (g) under Insuring Agreement Ill, to loss of insured property nevertheless have the benefit of such applicable insuring Agree- white in the custody of any armored motor vehicle com- ment subject to the provisions of Section 2 (b) of this Part VI( pany, unless such loss is in excess of the amount re- provided that the evidence submitted reasonably proves that covered or received by the Insured under (1) the In- the loss was in fact due to the fraud or dishonesty of one or sured's contract with said armored motor vehicle cam- more of the said Employee's, and provided, further. that the aggregate liability of'the Company for any such loss shall not pany, (2) insurance --pitied by said armored motor ve- f,icle company for the benefit of users of its service and exceed the Limit of Liability applicable to such insuring Agree- (3) all other insurance and indemnity in force in what- merit. soever form carried by or for the benefit of users of said armored motor vehicle company's service, and then this OWNERSHIP OF PROPERTY; INTERESTS COVERED endorsement shall cover only such excess; Section S. The Insured property may be owned by the In- (h) under Insuring Agreements 11 and Ill, to loss due to sured, or held by the Insured in any capacity whether or not nuclear reaction, nuclear radiation or radioactive con- the insured is liable for the loss thereof, or may be property tamination, or to any act or condition incident to any of as respects which the insured is legally !able; provided, Insur- the foregoing, ing Agreement. II. Ill and IV apply only to the interest of the insured in stich property, including the Ir.sured's liability to others, and do not apply to the interest of any other person or DEFINITIONS organization in any .-)f ;a-d orwerty unless inc►.;ded n the In- sured's proof of loss, in winch event the third paragraph of Section 3. The following terms, as used in this Part VII Section 8 is applicable to them shall have the respective meanings stated in this Section: "Money" means currency, coins, bank notes and bullion; BOOKS AND RECORDS and travelers checks, register checks and money orders held for sale tic the public. Section 6. The Insured shall keep records of all the insured "Securities" means all negotiable and non-negotiable in- property >n such manner that the Company can accurately deter- struments or contracts representing either Money or other prop- mine therefrom the amount of loss. erty and includes revenue and other stamps in current use, tokens and tickets, but does not include Money. PRIOR FRAUD,-DISHONESTY OR CANCELATION "Employee" rmeans any natural person (except a director or trustee of the Insured, if a corporation, who is not also an Section 7. The coverage of Insuring Agreement IA or IB officer or employee thereof in some other capacity) while in shall not apply to any Employee from and after the time that the regular service of the Insured in the ordinary course of the the Insured or any partner or officer thereof not in coliusion Insored's buS:ness during the Effective Period of this Part V11 with such Employee shall have knowledge or information tha: and whom the Insured compensates by salary, wages.or com- such Employee has committed any fraudulent or dishonest act missions and has the right to govern and direct in the perform- in the service of the Insured or otherwise, whether such act be 3nee of such service, but does not mean any broker, factor, committed be'ore or after the date of employment by the In- ``~� !epresentat'l fe of the same general character. As applied to sured. loss under Insuring Agreement IA or 18 the above words "while If. prior to the ssuance of this Part V►i, any fidelity ir sur- in commission merchant, consignee, contractor or other agent or anCe in favor of the Insured or any predecessa, in interest of the the regular service of the Insured" shall include the first 30 Insured and covering one or more of the insured's Employees days thei eafter, subject however, to Sections i 4 and 15 i h i 11, s a give beer, Car,,a e.d as to aliv :if s;.•_► c •tea• "Prer",sls"f Tilearis tf:e interior of that port•.]n of at./ L,, d Sot of the giving of v.r,trr^ -0t+ce of cancellation by the '•sure! irg w:th respect tr.) w', ,J- I ;-trance -s afforded under Pa,(s i ss...,19 such fidelity insurance whether the Company or not, a-,,I ,1r,d k of this poticy as shown by an amount of insurance oppo- if such Employees shall not have been reinstated under ;ne site the description thereof in the Schedule of Part t of the coverage of said fidelity 'insurance or superseding fidelity !--sur- policy of which this Part Vll forms a part and which is occupied ante, the r­,1,1pany shal! not be liable on account of s,..c^ E- by the Insc,red in cond.icting its business. ployees unl.�tss the Company shall agree in writing to inciude such Employees within the Coverage of Insuring Agrterr+enr i n "Banking Premises" means the interior of that portion of or 18, as the case may be. any building which is occ,,pied by a banking institution in con- ducting its business. "Messenger" means the. Insured or, a partner of the Insured LOSS; NOTICE; PROOF; ACTION AGAINST COMPANY or any Employee who is dul,. authorized by the insured to have the care and custody of the insured property outside the Section 8. Upon knowledge or discovery of loss or of an Premises. occurrence which may give rise to a claim for loss, the insured "Custodian" means the Insured or a partner of the Insured shall: (a) give notice thereof as soon as practicable to the Or any Employee who is duly authorized by the Insured to have � Cor-.pany or any of its authorized agents and, except under In- the care .��+d custody of the insured property within the Preen- ` suring Agreements IA or IB, and V, also to the police if the lud+nR any person wh lr! acting as a watchman, porter loss rs due to a violation of law. (b) file detailed proof of loss, .ses, e>;cjanitor. gti1v sworn to, with the Company within four months after the discovery of loss. "Robbery" means the tail-rig of insured property (I I by vio- !en_e inflicted upon a^1essenger or a Custodian; (2) by putting Proof of loss under Insuring Agreement V shall include the him .n fear of violence; ;3'� ;;v a-.y ether overt felonious act instrument which is the basis of claim for such loss, or if it Comrr�tted �n his presP•,r-e and of which he was actually cc•gn+- shall be impossible to file such instCi:r*;ent, the affidavit of the zant, prodded auto otr er act is not tor-;mated by a p3rtne, or 1 Insured or the lnsured's bank of deposit setting forth the amount Fmpioyee of the in%k;,vd. (4) f!orr tie person or d,rec: _-ve and and cause of loss shall be accepted in lieu thereof. I_+,5t0C'1' of a Messenger ur Custodian who has been k Xi 1 or I Upon the Company's request, the Insured shall submit to re,idered un,:onsc!ous; Jr (S'i under Insuring Agree rer-r :l. (3' examination by the Company, subscribe the same. under oath if from w thin the Premises by means of compelirrg .1 ''NSsen&er I required, and produce for the Company's examination al! perti- o,r Custod:a^ t�, u,ulence or thre:lt of vinieric-e dvh ou'-side ! nent records, al. at such reasonable I.i.mes and places 'ids the rerT+ses to adr-it a perm+' +r tc 'he Premises or t,, furn ish Company shall designate, and shall cooperate with the Company ."r havltF, rnears of irigress .r�tc: thr- Pren„ses. or ;►,► feu' a i in all matters pertaining to loss or claims with respect theretoLx $f#�ts c��se or si,oA window r with, the Premises while regular;y j No action shall lie against the Company unless, as a condiof from o.,ts�de the Premises. op forbusiness, by a person who has broken the glass there- lion precedent thereto, there shall have been full coniplianc rr- a� - 71 i with Pall efts terms of Mrs Part VII nor until ninety days after LOW elf LIABILITY UNDER TWS PART V11 AND the required proofs of loss have been filed with the Company. '� INSURANCE nor at all unless con+nwnced within two years frog+ the date when the Insured discovers the loss. If any limitation of time Section 12. This Section shall apply only to insuring Agree- ' for notice of loss or any legal proceeding herein contained is ments IA. 18 and V. shorter than that permitted to be fixed by agreement under any With respect to loss caused.by any person (whether one of =' statute controlling the construction of this Part VII the shortest the Employees,or not) or in which such person is concerned or permissible statutory limitation of time,�,shail govern and shall implicated or which is chargeable to any Employee as provided supersede the time limitation herein stated.- .� in Section 4 and whrcch occurs partly during the Effective Period of this Part VII and partly durinit the period of other bonds or - policies issued by the Company to the Insured or to any pre- VALUATION — PAYMENT — REPLACEMENT decessor in interest of the Insured and terminated or canceled or allowed to exp-re and in which the period for discovery has Section 9. In no event shall the Company be liable as re- not expired at the time any such loss thereunder is discovered, spects Securities for more than the actual cash value thereof the total liability of the Company under this Part Vil and under at the close of business on the business day next preceding such other bonds or poi sties shall not exceed, in the aggregate, the day on which the loss was discovered. nor as respects other the amount carried under the applicable Insuring Agreement of property, for more than the actual cash value thereof at the this Part VII on such loss or the amount available to the Insured titre of loss, provided, however, the actual cash value of such under such other bonds or policies, as I+miced by the terms and other property held by the Insured as a pledge. or as collateral conditions thereof, for any such loss, if the latter amount be ` r an advance or a loan. shall be deemed not to exceed the the I argef. clue of the property as determined and recorded by the insured ; ien making the advance or loan, now. in the absence of such OTHER INSURANCE .. cord, the unpaid portion of the advance or loan plus accrued =" Merest thereon at legal rates. Section l3. If there is available to the Insured any other insurance or indemnity covering any loss covered by Insuring` The Company may, with the consent of the Insured, settle Agreement IA. I8 or V the Company shall be i cable hereunder any claim for loss of property with the owner thereof. Any prop- only for that part of such loss which is in excess of the amount erty for which the Company has made indemnification shall be- recoverable or recovered from such other insurance or indem- a come the property of the Company. pity. except that if such other insurance or indemnity is a bond I In cases of damage to the Premises or loss of property other or policy of fidel+ty insurance, and any loss covered under both than Securities, the Company shall not be liable for more than such fidelity insurance and Insuring Agreement V shall first be the actual cash value of such property. or for more than the paid under Insuring Agreement V. Any loss covered under both actual cost of repairingsuch Premises or property or of replac- Insuring Agreements IA or 18 and also under Insuring Agree- ` ing same with property or material of like quality and value. ment V shall first be paid under Insuring Agreement V and the i The Co•npany may, at its election, pay such actual cash value. excess. if any, shall be paid under Insuring Agreement IA or or make such repairs or replacements. If the Company and the IR, as the case may be. The Company waives any right of con- Insured cannot agree upon such cash value or such cost of re- tribution which it may have against any forgery insurance car- pairs or replacements, such cash value or such cost shall be ried by any depository bank which is indemnified under insuring determined by arbitration. Agreement V. Under any other Insuring Agreement, if there is any other t valid and collectible nsurarice which would apply in the ab RECOVERIES Bence of such Insuring Agreement, the insurance under this Put VIi shall apply only as excess insurance over such other Section 10. If the Insured shall sustain any loss covered by insurance: provided. the insurance shall not apply (a) to Prop- this Part VII which exceeds the applicable amount of insurance erty which is separately described and enumerated and specif- hereunder. the insured shall be entitled to all recoveries (ex- ically insured in whole or in part by any other insurance: or (b) cept frorh suretyship. :nsurance, reinsurance. security or in- to property otherwise insured unless such property is owned by demn►ty taken by or for the benefit of the Company) by whore- the Insured. soever Trade. on account of such loss under this Part ViI until fully reimbursed, less the actual cost of effecting the some; and any remainder shall be applied to the reimbursement of the CANCELLATION AS TO ANY EMPLOYEE Company. Section 14. Insuring Agreements IA or ig shall be deemed a canceled as to any Employee: (a) immediately upon d-scovery LIMITS OF LIABILITY by the Insured. or by any partner or officer thereof not !f, collu- sion with such Employee, of any fraudulent or dishonest act on Section !1. Payment of loss under insuring Agreement !A. the part of such Employee: or (b) at noon, standard tfm a as IB or V shall not reduce the Company's liability for other losses aforesaid, upon the effective date specified ►n a written notice under the applicable Insuring Agreement whenever sustained. mailed to the insured• Such date shall be not less char. fifteen Aom.,The Company's total liability (a) under Insuring Agreement iA days after the date of marling. The mailing by the (ompary of ' or aij loss caused by any Employee or in which such Employ- notice as aforesaid to the Insured at the marling address shown ,es is concerned or implicated, (b) under Insuring Agreement in the policy to which this Part VII is attached shall be suf- B as to each Employee or (c) under insuring Agreement V for ficient proof of notice. Del.�ery of such written notice by the ,11 loss by forgery or alteration committed by any person or in Company shall be equivalent to mailing. which such person is concerned or implicated, whether such forgery or alteration involves one or chore instrurNints,is l►m med CANCELLATION OF POLICY OR INSURING AGREEMENT to the applicable amount of insurance specified in the Table of L.-,mils of Liab+l+ty or endorsement amendatory thereto. The liability of the Company for loss sustained by any or a!1 of the Section 15. This Part or am Insuring Agreement tne�eor . Insured shall not exceed the amount for which the Company may be canceled in accordance with the Cance 'at�on provrs ons , would be liable had all such loss been sustained by any one of appearing in t V!Ges cal Policy Provisions of the Pc'-c.y to whichs the Insured. Except under Insuring Agreements 1A. IB and V the applic- NO BENEFIT TO BAILEE able Irma of liability stated in the Table of Limits of Liability of this Part VI! is the total limit of the Company's irab4l+ty Section 16. This Section shall apply only to Insuring Agree- with respect to all loss of property of one or more persons or ment Ill and III. organ++zat ions arising out of any one occurrence. All loss in- cidental to an actual or attempted fraudulent, dishonest or trim- The insurance afforded by this endorsement shall not inure +r.l act or series of related acts at the Premises, whether com- directly or indirectly to the benefit of any carrier or other bailee m+vted by one or more persons, shall be deemed to arise out of for hire. one occurrence. f years this Part V11 shall con- GENERAL POLICY PROVISIONS Regardless of the number o s which shall t+nue in force and the number of premium specified pay- Section 7 Previsions — Provisions Ap- able or paid. the limit of the Company's li ility ndf­ in tFe Table of Limits of Liability of this a shall plicabletoAl1� o Parts, Cornitions pertaining to (a` cumulative from year to year or period to period. Loss Clause and (t) inspection and Audit do not apply to this Part Vll. 'l,