HomeMy WebLinkAbout1977-08-15 Min - Board AUGUST 15, 1977
The regular meeting of the Board of Directors of the Truckee-Donner Public
Utility District was called to order by the Chairman at 7:13 p.m. in the Confer-
ence Room of the District Office.
ROLL CALL: Huber, present; Maass , present; Kuttel , absent at roll call but
arrived at 7:42 p.m. ; Sutton, present.
EMPLOYEES PRESENT: Seymour, Painter and Reed
CONSULTANTS PRESENT: Grumer and Cook
OTHERS PRESENT: See attached list of audience attendance
BILLS FOR BOARD APPROVAL AND STATEMENT OF GENERAL FUND
The Board discussed with the Manager the revised billing received from Tahoe
Truckee Sanitation Agency. Mr. Seymour reported that the District is being
charged for 12 units at the Office/Warehouse at $7.00 per unit, or $84 for six
months , plus the rental house owned by the District. The house was not charged
for until the District inquired about the basis of the billing. The service
charge for the house is $55 per six month billing period, which is a higher
rate than other residences because it is public property. The Manager was
requested to determine how other public agencies are reacting to the bill .
Mr. Maass moved for the approval of the bills minus the $139.50 TTSA
sewer charge. Seconded by Mrs. Huber. ROLL CALL: Huber, aye; Maass, aye;
Kuttel , absent; Sutton, aye; So ordered.
MONTHLY FINANCIAL REPORT
This item was not received by the Board but was expected to be received
a week prior to the September 6 meeting and discussed at that meeting.
COMMITTEE REPORTS
Mr. Maass reported that he and the Manager would be meeting to discuss
tentative budget categories and attempt to formulate a format for the budget.
He indicated that the District should have a budget by the first of the year.
Mrs. Sutton reported that the Water Committee met on August 9. However,
she indicated the committee was in no position to report at this time. Mrs.
Sutton also reported that the By-Laws Committee will be meeting in the afternoon
of August 18.
MANAGER'S REPORT
STATUS REPORT: REPLY TO NEVADA COUNTY PLANNING DEPARTMENT INQUIRY RE CUMULATIVE
IMPACE ON SERVICES
The Manager reported on the draft letter to the Nevada County Planning
Department regarding cumulative impact on services. He indicated that he was
going to take the position that new subdivisions in the Truckee area have an
adverse impact in that they just create more pipelines and power lines that
don' t serve anybody. He indicated that a copy of the draft letter would be
sent to the Board before being sent to the County.
PROGRESS REPORT ON FEEDER F PROJECT
Mr. Seymour reported to the Board on the progress of the Feeder F rebuild
project. He indicated that the project is close to completion, and problems
have been resolved, including a design problem near the Truckee Substation where
routing had to be changed. See Manager's Report attached to Minutes.
UPDATE ON WATER CONSUMPTION
Mr. Seymour reported to the Board on water consumption within the past three
weeks in the District, and indicated that the rate of consumption has been fairly
constant. He reported that the Southside Well has been shut down and disconnected
from the system because the water does not meet Health Standards. Southside
Spring is still being used, and Wells A and B are being used some, particularly
on weekends. Water from Southside Well is being diverted and used to supply
August 15, 1977
Minutes . . . . August 15, 1977 Page Two
Update on Water Consumption . . . continued
Ponderosa Golf Course. Please see Manager's Report attached to these Minutes.
Mr. Seymour reported that the Southside Well is being tested for bacteria
everyday. Mr. Cook indicated that he did not believe that the contaminated
water would clear up. Mr. Cook reported that he thought the well casing has
holes in it in the area where a sanitary seal should be.
REPORT ON TTSA SERVICE CHARGE, BASIS FOR BILLING, ETC.
Mr. Seymour reported to the Board on the matter of the TTSA Service
Charge during the Board's discussion of bills for Board approval . See the
Manager's Report attached to these minutes for a more precise summary of
this discussion.
REPORT ON RENTAL HOUSE ARRANGEMENT
Mr. Seymour reported to the Board on the matter of the PUD rental house
arrangement. For the past four years , the house has been rented to the same
employee for $75 a month plus utilities. For several years prior it was
rented to another employee for $60. The present occupant has put in some car-
peting and some type of fireplace. The house needs insulation. See Manager' s
Report attached to these minutes.
This matter was placed on the September 6 agenda for further consideration
by the Board
CONFIRMATION OF INTEREST IN DISTRICT PARCEL ON HIGHWAY 267
Mr. Seymour indicated to the Board that Mr. Crenshaw is still interested
in a lease arrangement on a parcel . Mr. Grumer said that the District can
legally lease land, and there was discussion about taking bids for a lease
after a minimum bid had been established and public notice had been given.
Mr. Cook was requested to recommend the approximate size of the piece of
land the District should consider leasing, and directed to prepare a plat
of a suitable parcel , and an estimate of its value.
Also, see Manager's Report attached to these minutes.
REPORT RE WHETHER DISTRICT LANDS SHOULD BE POSTED
Mr. Seymour reported to the Board on whether District lands should be
Posted in order to avoid liability to the District. For a more unerring
summary of Mr. Seymour's report on this matter, please see the Manager's
Report attached to these minutes. (�
Mrs. Huber moved that the Manager post for "NO TRESPASSING" on properties ,
including the Wells and Spring complexes and substations. Seconded by Mr.
Maass. (Mr. Kuttel arrived at 7:42 p.m. )
Mr. Grumer stated that signs should be posted anyplace where there is
a fence, a facility, a structure, a room, a building, or anything of value.
ROLL CALL: Huber, aye; Maass , aye; Kuttel , aye; Sutton, aye; So ordered.
VAN WETTER MATTER: REPORT RE AMOUNT OF WATER FEES PAID BY ADJACENT PROPERTIES
This matter was discussed between the Board, the Manager, the attorney, and
the engineer. See copy of Manager's report attached to these minutes for in-
formation regarding the Van Wetter water main extension. This matter was
placed on the September 6 agenda before which time the Board would be provided
information regarding what fees the library, medical building, and new hospital
expansion have paid to the District for water fees.
REPORT ON SALES OF SURPLUS MATERIALS - REQUEST FOR EXTENSION OF TIME
Mr. Seymour requested an extension of time for the deadline for submitting
bids for surplus materials as the advertising has not yet appeared on the sale
of the materials. It was the consensus of the Board that Mr. Grumer would
prepare an amended resolution extending the time for submitting bids on surplus
materials.
August 15, 1977 Page Two
Minutes . . . . August 15, 1977 Page Three
VAN WETTER MATTER (continued)
Mr. Cook discussed with the Board a comparison of the agreed-upon payback
arrangement for the Van Wetter water main extension and a hypothetical applica-
tion of the present Rule 15 to all the properties benefiting from the water line.
He indicated that he would provide this comparative information in written form
for the Board's review before the next meeting.
The Manager reported that there has been an inquiry from the US Forest Service
regarding whether or not the District will serve a 150 acre parcel that may
be traded to a private party. The consensus of the Board was that the District
should not make any commitment to the USFS to serve a parcel that may be traded.
DISCUSSION WITH ROBERT BUTLER RE ROAD SURFACE AND DRAINAGE ENCROACHMENT
Mr. Robert Butler again appeared before the Board regarding his property
in Ponderosa Palisades, Unit 1. Mr. Butler reviewed for the benefit of the new
directors the history of his problem with the District regarding a road easement
granted to the District for access to a water tank. Mr. Grumer requested that
this item be placed on the September 6 agenda so that he could provide the
Board with a report on the past discussions between Mr. Butler, the Board and
staff.
Also discussed was power to Mr. Butler' s property. Steve Grumer recom-
mended that the power arrangement be covered by Board resolution at the appro-
priate time. No action was taken on this matter.
The Board requested to receive information including copies of the agreement
with Mr. Butler and all correspondence and reports for the next meeting no
later than August 29.
STAFF REPORT AND CONSIDERATION OF EAST RIVER STREET WATER LINE EXTENSION
AGREEMENT WITH JOHN QUINTANA
Mr. Cook reported that Southern Pacific is preparing an encroachment permit
for Mr. Oui,ntana to install the water line but that it would not be obtained
until mid-September. Southern Pacific has indicated that they would allow the
line to be installed with a right-of-entry. Cook indicated he had requested
such a right-of-entry.
Following discussion, Mr. Cook indicated that there would be a new pay-back
computation schedule provided the Board within a week. See copy of letter dated
July 25 from John Quintana and letter dated July 27 from Robert Sutton attached
to these minutes.
CONSIDERATION OF RESOLUTION ALLOWING DIRECTOR-AT-LARGE POSITION TO REMAIN
VACANT UNTIL FILLED AT GENERAL ELECTION ON NOVEMBER 8, 1977
Mr. Maass moved for the adoption of Resolution 7719, Calling for an
Election to Fill the Vacancy on the Board of Directors. " Seconded by Mr.
Kuttel . ROLL CALL: All aye; so ordered.
CONSIDERATION OF RESOLUTION APPROVING AGREEMENT WITH DART INDUSTRIES RE SECURITY
FOR THEIR PARTICPATION IN HIGHWAY 267 WATER SYSTEM INTERTIE/RIVER CROSSING PROJECT
The Board discussed with Dan Cook, Mr. Grumer and Mr. Seymour which District
owned land could be used as security for the District' s participation in the
Highway 267 water system intertie/river crossing project.
Following discussion, Mrs. Huber moved that the Board approve the
agreement between Truckee-Donner Public Utility District and Dart Industries
Inc. respecting the Truckee River crossing and like the engineer to prepare
Exhibit A with the parcel shown as the Southside Complex "P" on the parcel
map and the attorney to prepare a resolution for the next meeting. Seconded
by Mr. Maass. ROLL CALL: All aye; so moved.
STATUS REPORT AND IMPLEMENTATION OF FARMERS HOME ADMINISTRATION LOAN APPLICATION
A. Authorization for Letter Outlining Arrangement between District and
Counsel : It was agreed that this authorization was not necessary.
B. Selection of Hydrology Consultant: Mr. Kuttel moved that the Board hire
Bill Nork as consultant on the Southside Well for the FHA loan project.
Seconded by Mrs. Huber. ROLL CALL: All aye; so ordered.
C. Board Action Pursuant to FmHA Loan: Mr. Kuttel moved that the Board
o,,,,,ic+ 1ti 1a77 Page Three
Minutes . . . . August 15, 1977 Page Four
Farmers Home Administration Loan Application . . . continued
approve Resolution 7720, "Providing for the Issuance and Sale of Emergency
Drought Relief Promissory Notes of 1977; Prescribing the Amount, Date, Form
and Maturities Thereof; Fixing the Rate of Interest Thereon; and Providing
for a Pledge of Revenues to Pay the Principal Thereof and Interest Thereon. "
Seconded by Mr. Maass. ROLL CALL: All aye; so ordered.
D. Other: Mr. Cook reported that the Plans and Specifications will not
be completed for another ten days. He indicated that all the rights-of-way
have been taken care of.
The Chair placed on the agenda for the next meeting a review by Counsel
of the CEQA requirements to determine whether the District's Ordinance needs
amending.
Mr. Seymour reported that a meeting of the Sierra Planning Organization
will be held on August 19 at 9:30 a.m. in Nevada City and that the District must
be present. Mr. Seymour indicated he would attend the meeting on behalf of
the District.
Mr. Seymour reported that the original application included $16,000 to
cover the first year's debt service on advice of Bond Counsel , Peggy McElligott,
Farmers Home Administration does not allow that, however, so there is a suffi-
cient amount of money in the loan application request to include the cost of
the additional work on the Prosser Heights Well and Donner Creek Well #1.
Mrs. Huber moved that the Board authorize the amendment of the application
to include the raising of the Prosser Heights Well and the abandonment of the
Donner Creek Well #1. Seconded by Mr. Maass. ROLL CALL: All aye; so ordered.
CONSIDERATION OF AGREEMENT WITH DART RE DISTRICT USE OF WELLS A & B IN TAHOE DONNER
The Board discussed the agreement with Dart regarding District use of
Wells A and B in Tahoe Donner. It was agreed that Mr. Grumer would clarify
Paragraph 7, revise Paragraph 3 and discuss with Mr. Jim Thompson, attorney
for Dart, Paragraph 8, and report back to the Board at the September 6 meeting.
CONSIDERATION OF RESOLUTION ESTABLISHING DISTRICT POLICY RE HIRING OF RELATIVES
The Draft resolution was amended during discussion to also prohibit the
employment of relatives of Management Personnel and Consultants. Mr. Maass
moved for the adoption of Resolution 7721, "Establishing District Policy
Regarding the Hiring of Relatives". Seconded by Mr. Kuttel . ROLL CALL: All
aye; so ordered.
REVIEW OF PLAN FOR CUSTOMER REBATE RESULTING FROM SPPCo. RATE CASE SETTLEMENT
Mr. Seymour discussed with the Board a possible plan for the customer
rebate resulting from Sierra Pacific rate case settlement. He reported that
a portion of the work would have to be done manually and a portion could be
done on the computer. He indicated that according to his calculations, the
average customer rebate would be $50. No action was taken on this matter at
this time.
Mr. Seymour reported that there had been 65 applications for the Meter
Reader position, and that Bruce Waltrip has been hired.
MISCELLANEOUS UNFINISHED BUSINESS
Mrs. Sutton asked that the record show that the Board was misinformed
regarding the EDA request from the standpoint of the amount of money in the
total applications having anything to do with how much was actually allocated
to other agencies. See letter from Nevada County dated August 10, 1977, attached
to these minutes.
7-11 Store: The Board discussed the matter of the electric service to
the 7-11 store complex. See letter from Richard Burge dated August 4, 1977
attached to these minutes.
The Manager directed the Board's attention to the need to amend the
Resolution re Electric Hookup Fees to reduce the allowance for underground
August 15, 1977 Page Four
Minutes . . . . August 15, 1977 Page Five
Misc. Unfinished Business . . . continued
conductor to 100 feet. The Chair requested that an amendment to this Resolution
be prepared for the next meeting.
The Chairman directed that the attorney, the engineer and the Manager confer
regarding the entire problem for both utilities at the Donner Center as soon
as possible and that the Board receive a review of the problem as it developed
in the past. This matter was placed on the September 6, 1977, agenda.
Director Huber inquired about the item re Authority for Use of Private Plane
on District Business which was supposed to appear on the agenda for this meeting.
The Chair indicated that it was intended to be included on the agenda, and must
have been omitted accidentially when the final agenda copy was prepared. Mrs.
Huber also inquired why Minutes for Board approval had not been included on the
agenda for this meeting. Mrs. Sutton said that she had not included approval
of the Minutes because the drafts were received so late.
Mrs. Sutton requested that the letter from Berliner dated July 29 in the
Richmond case be attached to these minutes.
The Chair reminded the Board of the State Water Resources Control Board
hearing on Tahoe Basin Water in Tahoe City on August 25-26, and requested that
the notice of that hearing be attached to these Minutes.
It was agreed that Mr. Cook would provide information to the Board regarding
surplus lands and that the matter would be placed on the September 19 agenda as
Mr. Cook would not be present at the September 6 meeting.
The Chair also inquired about the status of the request from Mr. Joergeson,
the attorney for Royal Globe, for the District' s records re the Richmond-Dart
case. Mr. Grumer indicated that how to provide the material is still under
discussion.
Mrs. Sutton inquired whether the Board wished to schedule a review of the
previous commitment by the District to enter into a lease of the 138 acre parcel
to Sierra College. Because the agendas are so crowded, it was decided not
to schedule this until some later date.
It was reported that Mr. Seymour and Mr. Maass will attend the Energy
Commission Workshop on load management tomorrow (August 16) in Sacramento.
Director Huber inquired about the necessity for the list of items brought
up under Miscellaneous Unfinished Business to be so long, and whether most of
them shouldn' t be indicated on the agenda. The Chair indicated that this seems
to be the only way for the Board to be able to keep track of what's happening
on items until they are ready to come back on the agenda.
Mr. Grumer reported that he would check into the outcome of the small
claims action against Tom Joerger and report back to the Board.
CONSIDERATION OF RESOLUTION HIRING ROBERT SLATTERY AS GENERAL FOREMAN
Mr. Grumer recommended that no action be taken on this resolution. It
was agreed that the resolution would be put in ratification form and be placed
on the September 6 agenda.
MANAGER'S RECOMMENDATION AND AUTHORIZATION TO RETAIN TELEMETRY SYSTEM CONSULTANT
Mr. Maass moved for the adoption of Resolution 7722, "Retaining a Telemtry
Consultant. " Seconded by Mrs. Huber. ROLL CALL: All aye; so ordered.
REVIEW OF LOCAL AGENCY INVESTMENT PROGRAM
Mr. Grumer was directed to prepare a resolution which would implement the
District's participation in the Local Agenday Investment Program for the September
6 meeting.
REVIEW OF REA-FHA WEATHERIZATION LOAN PROGRAM
See memo from Mrs . Sutton dated August 11, 1977, attached to these minutes
for a summary of the meeting held on August 3, 1977, regarding the REA-FHA
Weatherization Loan Program. It was agreed that the details of the FHA policy
would be provided the Board upon receipt and put back on the agenda for further
August 15, 1977 Page Five
Minutes . . . . August 15, 1977 Page Six
REA-FHA Weatherization Loan Program . . . continued
consideration before a decision is made.
REPORT ON BROKEN WATER BOXES IN TAHOE DONNER SUBDIVISION
Mr. Maass moved the Board accept the replacement of the boxes by Dart along
with the encroachment permit. Seconded by Mrs. Huber. ROLL CALL: Huber, aye;
Maass , aye; Kuttel , aye; Sutton, no; So ordered.
Mrs. Sutton asked that the record show that "I believe the District should .-.
not allow the subdivider to work on the system after a year and a half after
acceptance of the system. . . . .directly work. " a.,
INSPECTION REPORT ON PUMP INSTALLATIONS AT DONNER TRAIL AND SOMA SIERRA PUMPING
STATIONS
Mr. Cook reported that both of the additional pumps have been installed
at Donner Trail and Soma Sierra Pump stations, but that they are not yet
approved for acceptance due to minor items. The new pump at Soma Sierra is
capable of delivering 380 gpm, approximately the sum of two of the other pumps.
MISCELLANEOUS DISTRICT ENGINEER REPORT
Mr. Cook reported that the Sanders Well has been bottomed out at approximately
783 feet and that Dr. Sharp is analyzing the electrical logs.
STATUS REPORT RE OBTAINING SPECIAL COUNSEL ON TAHOE DONNER MATTERS
Mr. Grumer reported that he now has a list of four interested firms for
Special Counsel on Tahoe Donner matters. It was agreed that the scheduled
August 22 Special Meeting for the purpose of interviewing potential firms
would remain scheduled.
REPORT RE SIERRA MEADOWS UNIT 1 WATER FEES
Mr. Grumer requested that this matter be tabled until he meets with Mr.
Seymour and Mr. Cook regarding a resolution of this problem.
DRAFT POLICY STATEMENT THAT DISTRICT WILL SERVE UTILITIES WITHIN ITS BOUNDARIES
At the request of Mr. Grumer, this matter was tabled to the September 9
meeting.
WATER CONSERVATION
At the request of Mr. Grumer, this matter was tabled to the September 9
meeting.
MODEL WILL-SERVE LETTER
At the request of Mr. Grumer, this matter was tabled to the September 9
meeting.
* * * * * * * * * * *
Mr. Kuttel moved that the meeting adjourn. Seconded by Mrs. Huber. No vote
recorded.
The Chairman adjourned the meeting at 12:06 a.m.
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
GG�
PATRICIA S. SUTTION, AIRMAN
A. Milton Seymour, clerk of the Board
August 15, 1977 Page Six
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
STATEMENT OF GENERAL FUND - August 12, 1977
Bank Balance - July 28, 1977 $225,062.21
Truckee Electric Revenue 62,513.88
Truckee Water Revenue 9,942.77
Donner Lake Electric Revenue 27,163.63
Tahoe Donner Water Revenue 1 ,678.04
Miscellaneous Billings Revenue 2,563.69
Miscellaneous Revenue 5,956.98 $334,881 .20
Approved Billings $119,185.74
Less : TTSA billing not approved ( 84.00)
Bank of America - Federal tax deposit 1 ,792.63
Dept. of Benefit Payments - Monthly deposit, SDI ,
State income tax 875.73
Petty Cash - replenish fund 89.34
Refunds due on line extensions:
Robert Lindsey 16.34
James Madding 16.33
Kenneth Vogt 16.33
Carl Bartlett 33.96
Carl Bartlett 23.75
Walter Treichler 21 .40
Ogburn & Nichols 13.96
Roland Whited 13.98
State Board of Equalization - Quarterly deposit 1 ,080.02 ($123,095.51 )
for energy surcharge fees collected
PAYROLL
7/31/77 OT DT Standby Gross Net
Barry 572.00 436.09
Chapman 540.80 399.30
Connell 34.88 631 .63 460.60
Grow 808.00 605.88
Marsh 544.80 402.20
Lopez 13.85 752.25 542.22
Painter 310.84 233.65
Pomponio 33.12 474.72 351 .63
Reynolds 847.80 639.68
Rose 73.40 632.60 420.62
Rully 24.42 805.86 509.75
Seymour 1 ,250.00 844.18
Silva 104.37 94.00 998.97 720.87
Straub 27.69 110.76 92.30 969.15 670.49
Wiser 433.60 300.89
311 .73 110.76 186.30 10,573.02 7,538.05 ($ 7,538.05)
Bank Balance - August 12, 1977 $204,247.64
Bills for Board Approval :
Martin McDonough - Legal services 1 ,537.24
Nevada Co. Assessor's Office - Assessor's maps 70.00
Paper Clip - Temporary secretarial help 198.00
So. Pacific Trans. Co. - Lease agreement - pole line
crossing. 5.00
,�► Truckee Donner Disposal - July & Aug. garbage service 70.00
T.T.S.A. - Sewage treatment facilities; office, warehse.
P.U.D. house 139.50
U.S. Leasing - Property tax bill - postage machine 20.77 ( 2,040.51 )
Balance of account after payment of above $202,207.13
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TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
POST OFFICE BOX 309
TRUCKEE, CALIFORNIA 95734
TELEPHONE 587-3896
AUDIENCE ATTENDANCE FOR THE MEETING OF 7
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MANAGER'S REPORT
Aug. 15, 1977 Board Meeting
1 . Status Report: Reply to Nevada County Planning Department Inquiry re:
Cumulative Impact on Services
A letter has been drafted and is-being sent on Tuesday, Aug. 16, 1977
regarding the impact of services on new subdivisions.
2. Progress Report on Feeder "F" Project
The Feeder "F" reconditioning project is nearing completion. A few minor
problems have developed in the vicinity of the Truckee Substation result-
ing in minor changes in the project layout. Mr. Bill Taylor of R.W. Beck
was in town today and concurred with our general foreman and Slater Elec-
tric on the changes to be made. These changes will have little effect
on the overall project and will tie-in with the replacement of the Truckee
Substation next year.
3. Update on Water Consumption
The water consumption has been holding fairly constant for the past three
weeks including this past weekend. With the shutting off of Southside
Well we have had to activate Wells A and B which have provided about
450,000 gallons of water over the past weekend.
Additionally, we are no longer providing water to Ponderosa Golf Course
from Southside Springs. Instead, we have installed a meter in the output
valve of Southside Well No. 1 and are providing water from the contaminated
well .
4. Report on T.T.S.A. Service Charge, basis for billing, etc.
The basis for billing from T.T.S.A. is as follows:
1 unit - sink, basin
3 units- toilet
3 units- flubs , showers
Our office and warehouse was based on 12 units at $7.00/ea. or $84.00
A single family residence is $39.00 but our single family
residence is public property and tax exempt so it is in
a different classification, this cost is . . . . . . . . . . . . . . . . . 55.50
$139.50
The purpose of these billings is to buy chemicals to start the plant up.
This bill is listed on the bills for board approval .
5. Report on Rental House Arrangement
The District rental house by the P.U.D. office has been rented the last
four years for $75.00 per month plus utilities. Each tenant, over the
Manager's Report
page 2
Aug. 15, 1977 Board Meeting
5. Report on Rental House Arrangement (continued)
,.. past several years has added improvements. Michael Connell , the present
tenant, has added a fireplace and carpeting.
John Craig, the former tenant, paid $60.00 per month plus utilities.
The unit has one bedroom and bath upstairs and one bedroom and storage
facilities downstairs. With the exception of the water heater, all
appliances have been provided by the tenant. The property is poorly
insulated and it is questionable that the electricity installed for
heating would be sufficient. The tenants primarily use the fireplace
to heat the. house.
To make it more presentable, the house would need more adequate insulation
and painting.
Michael Connell plans on vacating fairly soon as he has purchased a home
of his own and Paul Rose has asked to become the next tenant. -
6. Confirmation of Interest in District Parcel on Highway 267
I discussed the possibility of leasing a small portion of this parcel ,
approximately 5000 square feet, to Herb Crenshaw of KTRT. They would be
interested in a long term lease in order to build a radio studio. He
would like to know the price per month to lease the land for a suitable
length of time (ten to twenty years) and the assessment value of the
property as he would have to pay Nevada County occupancy tax on the
building.
We have discussed the possibility of a ten to twenty year lease with the
option to renew. At this time, the District would renegotiate the
period of time and rate.
7. Report re: Whether District Lands Should Be Posted
Although I haven't as yet received a legal opinion, I feel it would be in
the best interests of the District to post certain properties for trespassers.
Specifically, I am thinking of our equipment yard, well and spring complexes ,
and substations.
8. Van Wetter Matter:- Report re Amount of Water Fees Paid by Adjacent Properties
The bookkeeper has researched the Van Wetter matter and come up with the
following:
From the minutes of the board meeting on July 18, 1972 I quote "Mr. Van Wetter
appeared before the Board and his portion of hospital line was discussed.
He said that his fire insurance rating had not changed since the new line
had been added and he could not see that he had profited from it at all . He
said that at the present time he could not afford to pay $4,650 to. get water
to his property.
Manager's Report
page 3
Aug. 15, 1977 Board Meeting
8. Van Wetter Matter (continued)
The Board discussed what his fair share should be. Finally a minute order
to the manager was proposed by Nelson Stone, it read: for the Van Wetter
property, where as the original figure to be paid by Mr. Van Wetter was
$4,650, after considerable discussion by the Board, it has been agreed and
concurred with by Mr. Van Wetter that the final proposal is instead of
$4,650, will be approximately $3,000. 1/3 to be paid in 1972, 1/3 to be
paid in 1973 and 1/3 to be paid in 1974. This $3,000 includes Mr. Van
Wetter's share in the extension of the 10" Line and $75.00 per unit for
source and storage. The water connection fee of $250 for two inch meter
will be additional to the $3,000.
The manager said that he could assure Mr. Van Wetter that he would get
his water as soon as possible.
Mr. Van has paid $1 ,500 of the- $3,000- he- originally agreed to pay. The
balance is $1 ,500 plus interest since May 10, 1974. As far as I can
determine, neither the library, medical center or hospital have paid
anything towards construction of this line.
9. Report on Sales of Surplus Materials--Request for Extension of Time
The advertising has not yet appeared on the sales of our materials and
therefore the manager would like a two month extension on this item.
t f
RESOLUTION NO. 77_/
of
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
CALLING FOR AN ELECTION TO FILL THE
VACANCY ON THE BOARD OF DIRECTORS
WHEREAS, Director John Craig resigned from the
Board of Directors of the Truckee-Donner Public Utility
District by an oral declaration and written memorandum
effective June 30, 1977; and
WHEREAS, the District has advertised its intentions
to interview persons interested in being appointed to fill the
vacancy created by said resignation, and no applications were
received; and
WHEREAS, the term of the vacant Director-at-Large
position expires on the last Friday in November, 1977, and
the next available election date to call a special election
would coincide with the date of the General District Election
to be held on November 8, 1977;
NOW, THEREFORE, BE IT RESOLVED BY THE TRUCKEE-
DONNER PUBLIC UTILITY DISTRICT as follows:
1) That it is in the public interest to allow
the seat to remain vacant until filled at a District Election.
2) That the remaining members of the Board of
Directors do hereby waive the appointment provisions contained
in Section 1780 of the Government Code.
3) That this seat shall be filled at the
General District Election to be held on November 8 , 1977, at
which time the seat will be filled for a full four (4) year
Y term.
#' 4) That the Clerk shall cause a certified copy
of this Resolution to be sent to the Nevada County Clerk.
Passed and adopted by the TRUCKEE-DONNER PUBLIC
UTILITY DISTRICT, by its Board of Directors, at a meeting held
within the District on the 15th day of August, 1977, by the
following roll call vote:
AYES: �-��b c- . a o s s
NOES: ,
ABSENT:
TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT
ATTEST:
� � By: h/
Law Offices of PAT SUIT , President
Steven E. Grumer
r
Clerk Thereof
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PACIFIC HOLDINGS
WATERGATE TOWER, SUITE 940 1900 POWELL STREET, EMERYVILLE, CALIFORNIA 94608 • (415) 547.3006
August 4, 1977 ;
8�r5/773
Mr. Milt Seymour n
Truckee-Donner Public Utility District
P. 0. Box 309
Truckee, CA 95734
Dear Mr. Seymour:- .
We enclose copy of our letter regarding installation of
meters, which was sent to all of our tenants at Donner
Center in Truckee, CA. A list of all the tenants (names"
and addresses) is also enclosed for your information.
There is a possibility that we will have a new tenant ,
moving in shortly and if this comes to pass we will send
along that information promptly.
Thank you for your assistance.
Se rely,
Richard G. Burge
RGB/r
enclosures
x !
y
REPRESENTING:DONNER CENTER • CARNELIAN BAY • DUBLIN PROPERTIES • LINFIELD PROPERTIES
PLAZA PROPERTIES • PLEASANTON PROPERTIES • SOUTH SHORE PROPERTIES •WELLS AVE-ASSOC.(REND)
TONOPAH PROPERTIES(TAHOE CITY) • PETALUMA PROPERTIES • PALO ALTO PROPERTIES
�:: (:re - - �^,-. ..c�:, .r•;s�Cam. �,:.:,;..r�,.. o.s.,�sri..s _. :�a.`.,-...�.:a��,::.ama•.5:as.s:c:v:— -..MG-a—' — '.';c,a'y�;" :y,
PACIFIC HOLDINGS,
WATERGATE TOWER, SUITE 940 1900 POWELL'STREET, EMERYVILLE, CALIFORNIA 94608 (415) 547.3006
7
August 4, 197
Y
SUBJECT: DONNER CENTER ELECTRICAL SERVICE
For some time we have been exploring ways .of providing separate meters for each
unit. Recently, the Truckee-Donner Public Utility District has implemented a
rule change, which now allows us from an economic viewpoint to make the installa-
r tion. Ken Weakley of Mountain Electric will be the electrical contractor, and
Barbara Teare wi11 handle the coordination at the Center. She will advise you
before the system is changed over, so you will have time to schedule around the
short time period when the power is off. We expect* the job to be completed in. •
about 4 to 5 weeks.
The new manager of the Truckee-Donner Public Utility District, Mr. Milt Seymour,
has been most .helpful , and has advised that the Public Utility District has a
one time charge of $25.00 for setting up each individual account. As these are
business accounts, there may or may not be a deposit required, depending on the
Public Utility District criteria. However, both of these items are the responsi-
bility of each tenant, and each tenant will be responsible for following up with
the Public Utility District to make sure his or her application has been. processed.
We are advising the Public Utility District of the name and address of each
tenant by forwarding individual copies of this letter to them.
Donner Center is providing the conversion, and is. purchasing the meters for each
unit.
This conversion will permit each tenant to keep a careful eye on the electric use,
and hopefully will aid in the energy conservation
Thank you for your cooperation:'
el,• _
Si
} �q
" Richard G: Burg 2
r
x RGB/r f .
REPRESENTING:DONNER CENTER CARNELIAN BAY • DUBLIN PROPERTIES • LINFIELD PROPERTIES,
PLAZA PROPERTIES • PLEASANTON PROPERTIES • SOUTH SHORE PROPERTIES •.WELLt AVE-ASSOC-(REND)
TONOPAH PROPERTIES(TAHOE CITY) • PETALUMA PROPERTIES PALO ALTO PROPERTIES
x >Y
NI
l ` F
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD ALIT 1 D5 1977
Division of Water Rights
2125 Nineteenth Street 7r,UC CEE 0 "hE P.U.D..
Sacramento, California 95818 L'v
In the Matter of Permits 679, 13525, 15582,)
15581 , 12049 ) NOTICE OF HEARING
}
Issued on Applications 1379, 17139, 17149, )
17235, 18414 )
} Source: Lake Tahoe,
NORTH TAHOE PUBLIC UTILITY DISTRICT ) Watson Creek and
Dollar Creek
Permittee )
County: Placer
PYRAMID LAKE PAIUTE TRIBE )
Protestants )
NOTICE IS HEREBY GIVEN that a hearing will be held on Thursday, August 25, 1977
at 10 a.m. in the North Tahoe High School Auditorium at 2945 Polaris Drive, .
Tahoe City, California 95730. The hearing will be continued on Friday, August 26,
if necessary.
The time allowed to complete construction work and to complete application of
the water to the proposed use pursuant to Permits 679, 13525, 15582, 15581 , and
12049 has expired. Permittee has requested extensions of time.
The hearing will be held to determine whether extensions of time should be
granted, licenses should be issued for the amount of water placed to beneficial
use under the terms of the permits, or the permits should be revoked in
accordance with Water Code Section 1410, which provides that the Board shall
revoke permits after hearing, if the projects are not completed as contemplated
in the permits.
The hearing will afford an opportunity for interested persons to present their
views regarding the further development and use of the available water supply
in the Lake Tahoe and Truckee River Basins in California. Full discussion of
all issues related to a determination of the public interest in increased use of
water will be accepted
This hearing will afford the permittee, protestants, and others interested an
opportunity to present relevant oral testimony and written evidence, maps,
charts, and other material which will respond to all the issues described in
the Scope of Hearing in the attached Staff Summary.
Permittee should be prepared to show quantity, purpose and season to which
r^ water has been placed to beneficial use, what progress has been made toward
completion of the projects, and the reasons they have not been completed.
3
,.- All parties should be prepared to present their recommendations in regard to
conditions and limitations, if any, under which the Board should grant the time
extensions.
Because of the unique character of the Tahoe-Truckee Basin and the relationships
between California and Nevada water uses including Indian claims, the Board will
consider:
(1) Licensing water under existing permits for the amount that is now
beneficially used.
(2) The effects on the proposed allocation within the Tahoe and Truckee
Basins of water. use by holders of riparian rights and overlying owners
with rights to extract groundwater. (It is expected that ultimate
allocations between California and Nevada will include water used under
riparian and overlying rights as well as appropriative rights. )
(3) Conditions and limitations, if any, to accompany any extension, should
any be granted, with attention paid to:
(a) Conservation practices to minimize wastewater exports from the
basin and minimize uses within the basin,
(b) available wastewater treatment capacity,
(c) water quality within the Lake Tahoe Basin and outside such
basin; and
(d) other environmental factors, including requirements under CEQA.
References relative to these issues include Tahoe Regional Planning Agency's General
Plan, California Tahoe Regional Planning Agency's "Regional Plan" and "Land
Use Ordinance" , U. S. Environmental Protection Agency's "Final Environmental
Impact Statement" (regarding the wastewater facilities plan for North Lake Tahoe-
Truckee River Basin, F-EPA-24055-CA) , and the "Water Quality Control Plan, North
Lahontan, Basin 6A".
Special attention is directed to the enclosed copy of information concerning
appearance at water right hearings. Also enclosed are a copy of the staff summary
for the hearing and a pamphlet containing information as to the procedure to be
followed by the Board in conducting the hearing.
R. L. Rosenberger, ief
Division of Water Rights
Enclosures
Dated: AUGUST 111971
Sacramento, California
-2-
STATE OF CALIFORNIA—THE RESOURCES AGENCY EDMUND G. BROWN JR., Gu.e•nor
STATE WATER RESOURCES CONTROL BOARD
,,— DIVISION OF WATER RIGHTS
2125 19TH STREET
SACRAMENTO, CALIFORNIA 95818
916J322-3736
INFORMATION CONCERNING APPEARANCES
All persons intending to participate should submit to the Board in
writing the name of each witness who will testify for them,
together with a statement of the qualifications of each expert
witness, the subject of the proposed testimony, and the estimated
time required by the witness to present his direct testimony.
Such information shall be filed with the Board on the date and at
the place of the hearing by 9:30 a.m. In addition, six copies of
proposed exhibits shall also be filed with the Board in a similar
manner.
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
STAFF SUMMARY FOR HEARING
PERMITS 679, 13525, 15582, 15581 , AND 12049
(APPLICATIONS 1379, 17139, 17149, 17235, AND 18414)
Permittee: North Tahoe Public Utility District (NTPUD)
County: _ Placer
Substance of Permit 679 (A 1379)
Date Application filed: July 31 , 1919
Date permit issued: January 15, 1920
Source: Watson Creek
Tributary to: Lake Tahoe
Quantity: 0.67 cfs (280 afa)
Season: January 1 to December 31
Purposes: Municipal and Domestic
Point of diversion: NW4 of SE4, Section 21 , T16N, R17E, MDB&M*.
Place of use: 76 acres within NTPUD in Section 22, T16N, R17E
Number of previous extensions: 14
Present development schedule: Complete construction and application of
this water--to the proposed-use, December 1 ,
1975.
Substance of Permit 13525 (A 17139)
Date application filed: June 18, 1956
Date permit issued: April 24, 1962
Source: Lake Tahoe
Tributary to: Truckee River
Quantity: 2.5 cfs (600 afa)
Season: June 1 to September 30
Purpose: Municipal
Point of diversion: SE-14 of NE-I,, Section 13, T16N, R17E
Place of use: Within NTPUD Sections 12, 13, and 14, T16N, R17E,
Sections 19, 30, T16N, R18E
Number of previous extensions: 2
Present development schedule: Complete construction and application of
this water to the proposed use by December 1 ,
1975.
Substance of Permit 15582 (A 17149)
Date application filed June 22, 1956
Date permit issued: February 15, 1968
Source: Lake Tahoe
Tributary to: Truckee River
Quantity: 3.0 cfs (1 ,900 afa**)
Season: January 1 - December 31
* All references to Township and Range indicate Mount Diablo Base and MM ridian.
** The total under Permits 15582, 15581 , and Brockway Water Company righ�s
shall not exceed 1 ,900 afa.
Purposes: Municipal , Domestic, Recreational and Fire Protection
Point of diversion: SW-14 of SW4, Section 19, T16N, R18E
Place of Use: Section 18, 19, 30, T16N, R18E; Sections 11 , 12,
13, 14, T16N, R17E
Number of previous extensions: 1
Present development schedule: Complete construction and application of
water to the proposed use by December 1 , 1975.
Substance of Permit 15581 (A 17235)
Date application filed: August 13, 1956
Date permit issued: February 15, 1968
Source: Lake Tahoe
Tributary to: Truckee River
Quantity: 3 cfs (1 ,900 afa**)
Season: January 1 - December 31
Purposes: Municipal , Domestic, Recreational , and Fire Protection.
Point of diversion: SW4 of SW4, Section 19, T16N, R18E
Place of use: Within NTPUD in Sections 18, 19, and 30, T16N, R18E
Sections 11 , 12, 13, and 14, T16N, R17E
Number of previous extensions: 1
Present development schedule: Complete construction and application of
water to the proposed use by December 1 , 1975.
Substance of Permit 12049 (A 18414)
Date application filed: November 17, 1958
Date permit issued: November 12, 1959
Source: Dollar Creek
Tributary to: Lake Tahoe
Quantity: 0.12 cfs (49.7 afa)
Season: January 1 - December 31
Purpose : Domestic
Points of diversion: SE4 of SE-I,, Section 29, T16N, R17E; SW', of SE4 of
Section 28, T16N, R17E.
Place of use: SE-I, of SW-I, of Section 28, T16N, R17E; SW4 of SE4 of
Section 28, T16N, R17E
Number of previous extensions: 3
Present development schedule: Complete construction and application of water
to proposed use by December 1 , 1975.
Protestants
Name Basis of Protest Extent of Use or Acreage
Pyramid Lake Reservation Principle 385,000 afa for fishery
Paiute Tribe November 29, 1859 30,087 afa for farming
'� ** The total under Permits 15582, 15581 , and Brockway Water Company rights
shall not exceed 1 ,900 afa.
-2-
Summary of Record
North Tahoe Public Utility District has two water right licenses, five permits ,
and two protested, .unapproved applications. The source for the two licenses is
Griff Creek tributary to Lake Tahoe. The source for three of the permits is
Lake Tahoe. Dollar Creek and Watson Creek, tributary to Lake Tahoe, are the sources
for the other two permits. The source for the two applications is also Lake Tahoe.
The number of field. inspections and reports contained in the record are too
numerous to present individually in this summary. However, they are a part of
the record for consideration as a part of the hearing process
Following twelve years of negotiations among the Commissioners of the California-
Nevada Interstate Compact Commission, the Commissioners approved an interstate
compact regarding the Tahoe and Truckee Basins in 1968. Both states approved
the compact by 1971 . However, Congress has not ratified it primarily because
of objections from the Paiute Indians who assert rights to the use of waters in
these basins. A major provision of the interstate compact is that the total
gross annual diversion in the Tahoe Basin in California under all rights ,
including both surface and groundwater shall not exceed 23,000 acre-feet. The
compact-provides for a possible increase -in use in the Tahoe Basin above the
23,000 annual acre-feet gross diversion through replacement of such additional
use by exchange from Stampede Reservoir, the Truckee River, or Carson River.
Presently, the U. S. Department of Justice, on behalf of the Paiute Indian
,... Tribe at Pyramid Lake is suing in Nevada to secure water rights which will allow
recreational development at Pyramid -Lake. The Board has also received informa-
tion to the effect that the Department may eventually file suit against
California users of water in the Lake Tahoe and Lower Truckee River Basins.
By special notices to water users in the Lake Tahoe and Truckee River Basins
dated March 24, 1975, and July 15, 1976, the Board has cautioned water users
against increasing the use of water in the Basin. Indications are that some
permittees may be disregarding the Board's notices.
Scope of Hearing
The decision of the State Water Resources Control Board as to whether or not the
petitions should be approved must be based upon the record developed at the
hearing. Permittee and protestants and interested parties should submit infor-
mation responsive to the issues raised by the petitions and protest thereto
insofar as they relate to matters within the jurisdiction of the Board.
Particular consideration should be given to the following items:
1 . Whether the finding that was made with respect to the availability of
unappropriated water at the time the permits were issued is still valid.
2. Anticipated injury, if any, to the protestants and other lawful users,
should the petitions be approved, with specific data substantiating such
injury.
-3-
3. Intent and ability of permittee to proceed with due diligence including
financing plans to construct any necessary additional works and to place
water to beneficial use, should the extensions be approved.
4. Whether approval of the petitions will constitute the initiation
of a new water right.
5• Compatibility of the proposed use of water with the Water Quality Control
Plan for the basin involved.
6. Alternatives which have been considered for providing the necessary water
for the area to be served, including cost considerations.
7. Opportunities available for reuse or reclamation of the water appropriated.
8. Whether the proposed extensions are in the public interest.
9. Details of type of uses and the area to be served.
10. Should the Board license water under existing permits for the amount that
is now beneficially used?
11. Conditions and limitations under which the State Board should grant time
extensions, if any, to permittees who have filed petitions for extension
of time.
12. The effects on the proposed allocation within the Tahoe and Truckee Basins
of water use by holders of riparian rights and overlying owners with
rights to extract groundwater. (The Tahoe and Truckee Basins are inter-
state basins and it is expected that ultimate allocations between California
and Nevada will include water used under riparian and overlying rights as
well as appropriative rights. )
13. How should the Board encourage the conservation of water and the reduction _
of per capita use of water with the terms and conditions of water right
permits?
14. What impact would the approval by the Board of the time extensions have
on the following:
a. available wastewater treatment capacity,
b. water quality within the Lake Tahoe Basin and outside such basin, and
C. other environmental factors.
15. What measures are feasible to mitigate any adverse environmental effects
which may occur if time extensions are granted?
Documents to be Offered into Evidence
The following public documents on file -with the State Water Resources Control
Board contain information which may be relevant to the matters to be heard and
will be offered into evidence at the hearing by reference:
1 . Files of Applications 753, 1379, 6983, 12574, 17139, 17149, 17235, 18414,
23727, and 24257 and Statements of Water Diversion and Use S4639 and S4714.
2. "Water Quality Control Plan, North Lahonton Basin (6A)" approved by the State
Water Resources Control Board, July 17, 1975, as amended.
3. United States Department of the Interior, Geological Survey, Water Resources
Division, Water Resources Data for California, Volume 3, Southern Central
Valley Basins and the Great Basin from Walker River to Truckee River" and
all appropriate predecessor publications.
4. United States Department of the Interior, Geological Survey, Water Resources
Division, "Water Resources Data for Nevada" , and all applicable predecessor
publications.
5. Department of Water Resources Bulletin No. 130, "Hydrologic Data" , all
applicable volumes and appendices for the period ofpublished record.
6. United States Department of Commerce, National Oceanic and Atmospheric
Administration, Climatological- Data for California, all pertinent volumes, .
r^ for the period of published record.
7. Topographic maps published by the United States Geological Survey covering
the area under consideration.
8. Tahoe Regional Planning Agency, "General Plan, 1971" , as amended.
9. California Tahoe Regional Planning Agency-, "Regional Plan" (1975) , as amended.
.k 10. California Tahoe Regional Planning Agency, "Land Use Ordinance" (1975) , as
amended.
11 . Environmental Protection Agency, "Final EIS Wastewater Treatment and
Conveyance System, North Lake Tahoe-Truckee River Basin (TTSA)" F-EPA-24055-
CA, 1974.
12. -United States Department of Interior,"Draft Environmental Statement of the
he Lower Truckee-Lower Carson River Basins"
Proposed Operating Criteria for t
(1977) .
13. United States Environmental Protection-Agency, "The Lake Tahoe Study",
-5-
RESOLUTION NO. 77 L Z.
of
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
RETAINING A TELEMETRY CONSULTANT
WHEREAS, the Manager has recommended that the
Board of Directors hire a telemetry consultant to evaluate the
District' s telemetry system prior to the expiration of the
warranty period; and
WHEREAS, William Avery has been found to possess
the necessary skills and equipment required for this project; and
WHEREAS, it has been determined to be in the best
interests of the District to hire a special consultant to eval-
uate the telemetry system while said system is covered by the
warranty from Dart Industries.
NOW, THEREFORE, BE IT RESOLVED by the TRUCKEE-
DONNER PUBLIC UTILITY DISTRICT as follows:
'^ 1) That William Avery be hired on a consulting
basis to evaluate the District' s telemetry system and recommend
changes and repairs to Dart Industries prior to the expiration of
the warranty period.
2) That William Avery shall prepare a report of
his findings and make the same available to the Manager as soon
as possible.
3) That William Avery shall be compensated for
his professional services at the rate of Twenty-five and No/100
($25. 00) Dollars per hour.
Passed and adopted by the TRUCKEE-DONNER PUBLIC
UTILITY DISTRICT, by its Board of Directors, at a meeting held
within the District on the 15th day of August, 1977, by the follow-
ing roll call vote:
AYES:
NOES: ,
ABSENT:
TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT
By:
ATTEST: PAT SUT ON, President
Law Offices of C /
Steven E. Grumer
Clerk Thereof
Altu 11 1 77
MEYGRA1,QUM TO tie Ut"o.er Dia_,ectors -�.ie 1,'iana;-.er
FRG'M i Pat Sutton
re A- ' iA "ieatheri :at'Lon LoF_n Pro;�ram
Since no Minutes �,,,,ere 1'.'e-ot of the ioard 'eorl-,shop held on
A u,-us t 3 , 1977 ,'vith Jerry Glor of 'L-II)e Far,-,,.crs iiorll'le Administra-
tion, subc'.itting this summary from my notes to be attached for
the record to t,-,(, 1,'Ieetinp, 1"lotice & Af,-enda in the I'Anute Book.
This new Wectherization ProJram is o, joint T)roject of the Rural
Electrification Administration and the Farmers Nome Administration
to encoura.�re the more efficient use of energy. Under it, rural
electric cooperatives , the T.D.P.U.D. , and other REA borrowers can
set Lip a loan T,ro,-rpT,,, for home owners for the purpose of .-installing
insulation, siding, caulking, weatherstripping, attic fans , and
other r,Tea,therization measures , which could include storm windows , etc .
If the Truckee Donner Public Utility D'is,('rict decides to partici-
pate in this pro,p lrar, , an a,�reerient i,%rith Farr-:ers home Administration
would be necessary, and the rrodram �,!ould have to ri)eet FmhA require-
ments . The Di trict would advance the rr.,oney for each weatherization
job authorized under its Program , and the F,,,,,HA would reim'ou,)e the
District for the actual job cost 30 da-,Ts after receiving certifica-
tion that the District had -paid the contractor. Th.,e District would
collect the individual loan payments each r,-!onth from the borrowers
and forward them to the Friu, A. Tile costs of settin�r, up and administer-
ing the loan pror,ram at the local level would be borne by the
District .
The maximum loan available under this is :�l , 500 at 8;-,u,
interest for a 5 year -period , and. would be available to owner-occupants
of homes whose adjusted �7ross incooce does not exceed $15,600 annually.
In order to be eligible for a FmHA lo--.n, the a.rpl.icant r.'.ust meet the
FmHA criteria , including the maximum adjusted cross income and the
inability to oualify for the loan from Private sources .
A s-oocial loan Dro,,rram for homeowners over the a.,e of 62 ,years is
available directly through Fm,',TIA, and the District would assist those
Parties in nakin7 contact with the Fm11A office in Auburn. (This
s-necial program for persons over 62 years and the regular Farmers
Tome loan Program in rural areas is available whether or not the
District sets up its own REA-FmHA Weatherization Loan Program. )
f ror,, Fat "-l' utton
re : 1-_"A-F,,r.HA
4-
--e 2
1101, If 1-1-,e t;-p
L 0 e
r-o n t 1,1 y loan ,a,...- o u 1 XrobP1,l,y c, collected rr c) conveniently
_L U
on the borrowe -.- bills A 1,-.�n ol- ',]. , 0'0 e-j
fob` 5 years (ill, ---e-.: i.)ire ,i T?,ay(_ent o i . T(,e
security -nor t1--,,, loan is r 0! 1 S)C) note wilic.". t; E, individ-
ual borrower _eF-P,,)ns_J 'LJe for his to-.YI, :;-nd t _e pro-,pert- to be
improved is not involved. If - I, der a u on i- can pay-
mients , the Di trice Iould be obliged to makeC an effort to collect
the payments for cp, year' s tire , then F'nil"IA would, ta,--e over the
collection The wc)ul(l no-t be li.2- ble for loans in
default . (An unl)sually 1hic'-h percent,' -c of default- , Low ever, would
probably reSL),-I.',, in a. reelialh,ialicon of Di:� trictls pro;-rF�m by the
F mHA - )
If tl'ie District decides to :---et involved in this T-,ro_rx=m , it will
be responsible for settin,-, up all aspects of the ir ' including
publicity and -to notify custoi,)er�-, of -the pro,-rara, ta'King
applications , determining eli.�-ib_; _].ity, -proces- �.:..,in- the loan applica-
tions , settinF- s nd7rcl,.s lo-c and worRuinansh-LD , certifjil-g;
t U
a list of conturc?ctors , insnectin,F -v7ork,, the contractor, pro-
,.,idj_n«' certific-i-tio.- to F,-;-,i-iA in order to obtair, reimburse:.-ent ,
heepirl%- rocorlc and, boo"s on the to re -rT0P-rim, billin- the curztomer
Rnd receivin,., the .onthly Pay"').('11ts to 1q,:1iiA,
e t C 0 1
jC_ 4-C�,, �1,;q J_
Tv'r. ] or ind T"-1 c �_t of would be ,cnt to
r I
the District soon. _,Te said that he 'i;o u 1 d ecomrrend to Fli�"A mat
sever-al a.-et-1cl-es and co-oPr-, in thiS. P-rt of the t,-,t e, in(' icate
u; -1 r_ be set
interest in +11-e _.'eIe-rization Loan that -j 4 o shop-C)
up or-, the details of -q,,dmdnir:;,te-rin,,7, the project.
The Eoard Works`-ion on Au-u:.;t 3 was attended by
F,nd Directors K-arl Kuttel and Jitm 1P,:aaE-,s and myself.
Submitted by
T UT T U 1 i
President of the borird
copy to
Steve Grumer, Counsel
Pool'
Final: 7/27/77 WJML:PLMcE:jt
RESOLUTION NO. -7 72
,.- A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE
OF EMERGENCY DROUGHT RELIEF PROMISSORY NOTES
OF 1977;PRESCRIBING THE AMOUNT, DATE, FORM, AND
MATURITIES THEREOF;FIXING THE RATE OF INTEREST
THEREON;AND PROVIDING FOR A PLEDGE OF REVENUES
TO PAY THE PRINCIPAL THEREOF AND INTEREST THEREON
TRUCKEE — DONNER PUBLIC UTILITY DISTRICT
RESOLVED, by the Board of Directors of the Truckee — Donner Public Utility District,
Nevada County, California, as follows:
WHEREAS, this Agency is authorized to acquire, construct, own, or operate an Enterprise
comprised of a system, plant, works, and facilities used for, or useful for, the purpose of obtaining,
conserving, treating, and supplying water for domestic, irrigation, sanitation, industrial, fire pro-
tection, recreation, or other public or private uses as set forth in the Revenue Bond Law of 1941,
Chapter 6, Division 2, Title 5 (commencing at Section 54300) of the Government Code of the
State of California, and as more particularly described herein;
WHEREAS, said Agency is authorized pursuant to Article 9 of said Revenue Bond Law (com-
mencing at Section 54610) to accept contributions or loans from and to enter into contracts with
the United States of America or a federal department or agency for the financing of actions pre-
liminary to the construction and of the construction of an Enterprise pursuant to federal
legislation under which aid, assistance, and cooperation may be furnished for such purposes by
the United States;and
WHEREAS, the United States of America, acting through the Farmers Home Administration,
U.S. Department of Agriculture, intends to make formal offer to this Agency pursuant to which it
proposes to provide a loan to this Agency in the principal amount of $260,000 for the financing
of a certain Project, said loan to be evidenced by a fully registered Promissory Note secured as
provided in said Revenue Bond Law of 1941;
NOW, THEREFORE, IT IS RESOLVED, DETERMINED, and ORDERED as follows:
1. All acts, conditions, and things required by law to exist, happen, and be performed
precedent to and in the issuance of notes have existed,happened, and been performed in due time,
form, and manner as required by law, and this Agency is now authorized pursuant to each and
every requirement of law to enter into a loan agreement and execute evidences of a special obliga-
tion in the manner and form as in this Resolution provided.
2. As used herein, the terms herein have the following meanings:
(a) Additional Notes mean notes or other obligations hereafter issued or incurred
payable from the Revenues and constituting a lien thereon exclusive of the Notes;
(b) Agency means the Truckee — Donner Public Utility District;
(c) Noteholder or Holder of Notes means the holder of a coupon note, registrable as
to principal only, or the holder of a fully registered Note;
(d) Notes mean the issue of promissory notes herein authorized to be issued;
r
i
(e) Charges mean fees, tolls, rates, and rentals prescribed by the Legislative Body of
the Agency for the services, facilities, and water of the Enterprise;
(f) Enterprise means the Agency's system, works and facilities used for or useful for
the purpose of obtaining, treating and supplying water for domestic use, irrigation, sanita-
tion, industrial use, fire protection, recreation, or any other public or private uses of the
District and its inhabitants;
(g) Finance Officer, Treasurer, or Auditor means the officers designated by law to
handle the funds of the Agency;
`^ (h) Fiscal Year means July 1 to June 30;
(i) Government means the United Stites of America, acting through. the Farmers
Home Administration, U.S. Department o Agriculture;
0) Legislative Body means the Board of Directors which is the governing body of the
Agency;
(k) Indenture means this Resolution Iu y adopted by the Legislative Body, providing
for the issuance of Notes, fixing the form thereof, and providing covenants for their
protection, as now or hereafter amended, together with the Ordinance,if any, authorizing
the execution of the contract for an Emergency Drought Loan between the Agency and
the Government;
(1) Net Revenues mean annual gross revenues of the Enterprise after deducting all
sums expended therefrom for the annual management, operation, maintenance, and
repair thereof, including all incidental costs, fees and expenses properly chargeable
thereto;
(m)Project means the additions, extensions, and improvements to the Enterprise,
part of the cost of acquiring, constructing, improving, and financing of which is to be
paid from the proceeds of the Notes;
(n) Revenues mean all charges received for, and all other income and receipts derived
from, the operation of the Enterprise, including revenues deposited in any funds to secure
or to provide for the payment of the Notes, and interest received on any invested moneys
of the Enterprise;
(o) Secretary means the person elected or appointed as the Clerk or Secretary of the
Agency and of its Legislative Body.
3. A Note of the Agency shall be issued to pay the cost of the acquisition, construction, and
�^ completion of the Project and to evidence the loan of the Government therefor, and said Note is
hereby sold to the Government at the par value thereof, in accordance with its offer therefor.
4. The Note shall be $260,000 in aggregate principal amount, shall be known as "Emergency
Drought Relief Promissory Note of 1977" ("the Note"), and shall be paid in not to exceed 39
annual equal amortized installments of principal and interest commencing on the first day of
September, 1979, and on the last day of September thereafter until paid.
5. The Notes shall be issued in the form of a single fully registered Note without coupons.
The Notes shall be dated the date of delivery to and payment therefor by the Government;
provided, however, that individual fully registered Notes issued upon exchanges and transfers of
fully registered Notes shall be dated so that no gain or loss of interest shall result from such
exchange or transfer. The aggregate principal amount of the Notes shall not exceed the
aggregate payments by the Government for the Notes, as said payments and the dates thereof
are endorsed on the Note by the Treasurer, and a principal amount of said Notes of the longest
maturity equivalent to the difference between such aggregate principal amount and such
aggregate payments shall be deemed unissued. Interest on said fully registered Note shall be
determined on the Government's aggregate of payments for said Note from the respective dates
of payment as endorsed on said Note by the Treasurer. In such event, said fully registered
Note shall be paid in not to exceed 39 annual equal amortized installments of principal and
interest, the last payment being adjusted to represent the amount required to pay the last
installment of principal and interest. Fully registered Notes shall be numbered as the Treasurer
shall determine.
6. The Notes shall bear interest until paid at the rate of five percent (5%) per annum, the
first years interest to be payable on the first day of September, 1978 and thereafter annually on
the first day of September in each year to the date of final maturity, together with such principal
amount as is required under Section 5 hereof.
2
If, on presentation at any payment date, payment of the installments or installments of princi-
pal and interest on said Notes is not made in full, the installment shall continue to bear interest
at the rate stated in the Note untii paid in full.
7. The Notes may be called prior to final maturity and redeemed from funds of the Agency,
in whole or in part, at the option of the Agency on any payment date prior to said final maturity
i— at the remaining principal amount thereof, or so much thereof as deemed appropriate by the
Agency, and accrued interest thereon to the date of redemption. Upon redemption of a Note in
part only, there shall be executed and delivered a new Note or Notes of denominations of $100
or more equal in aggregate principal amount to the unredeemed portion of the Note surrendered
and of the same interest rate or rates and some maturity or maturities. The registered owner of
any fully registered Note may, in lieu of surrendering such Note for a new Note, endorse on the
reverse of such Note a notation of such partial redemption, in such form as may be satisfactory to
the Treasurer and under such conditions as the Treasurer may approve.
So long as the loan is represented by a single fully registered Note held by the Government,
such Note is subject to call or redemption at the option of the Agency, in whole or in part, at any
time at the principal amount thereof, or so much thereof as deemed appropriate by the Agency,
and accrued interest to the date of redemption. In such event, after payment of the interest to the
payment date, the amount prepaid shall be applied to the principal last to become due and shall
not affect the obligation to pay the remaining installments when scheduled until the remainder
of the obligation shall have been paid.
If, after accomplishment of the objects and purposes for which the Notes have been
authorized, there remain of the proceeds thereof, or any grants received from the Government,
the State of California, or any agency thereof, for the accomplishment thereof, moneys sufficient
to call and redeem one or more of the Notes or part of a single fully registered Note, such moneys,
shall be used to call and redeem Notes in inverse numerical order or, as to a single fully registered
Note, the principal last to become due, at the remaining principal amount thereof and accrued
interest thereon to the date of redemption.
8. Notice of redemption shall be published once not less than thirty (30), nor more than
ninety (90), days prior to the date fixed for redemption, such publication to be in a financial
newspaper published in San Francisco and in a financial newspaper published in New York. Such
notice shall also be mailed by registered or certified mail thirty (30) days prior thereto to the
registered owner of any Note so called as shown on the records of the Agency. No such prior
notice shall be required as to any Notes held by the Government.
After the date fixed for such redemption, if the Agency shall have duly published and mailed
notice of such redemption as herein provided, if required, and shall have provided funds available
for the payment of principal and accrued interest on the Notes called for redemption, interest
on the Notes called for redemption shall cease.
9. Notes called and redeemed in full pursuant hereto shall be surrendered upon payment in
full of the principal thereof and interest thereon and shall be canceled and shall not be reissued.
That portion of the principal paid upon any fully registered Note, redeemed in part only, shall
be deemed canceled and no new Note shall be issued representing such canceled amount.
10. The form of the Notes shall be substantially as provided in Exhibit "II"hereto attached
and incorporated herein by this reference.
11. Principal and interest on fully registered Notes shall be paid by the Treasurer by check,
draft, or warrant mailed to the registered owner at its address as it appears on the register main-
tained in the office of said Treasurer.
3
12. Any fully registered Note may, in accordance with its terms, be transferred upon the
books required to be kept pursuant to the provisions of Section 14, by the person in whose name
it is registered, in person or by his duly authorized attorney, upon surrender of such fully
registered Note for cancellation, accompanied by delivery of a written instrument of transfer in
a form approved by the Treasurer, duly executed.
Whenever any such Note shall be surrendered for transfer, the Agency shall execute and the
Treasurer shall deliver a new fully registered Note or Notes, of the same interest rate or rates,
and for a like aggregate principal amount. The Treasurer shall require the payment by the Note-
holder requesting such transfer of any tax or other governmental charge required to be paid with
respect to such transfer.
No transfers of fully registered Notes shaii be required to be made during the fifteen (15)
days next preceding each payment date.
13. Fully registered Notes may be exchanged at the office of the Treasurer for a like aggregate
principal amount of fully registered Notes of other authorized denominations of the same interest
rate. The Treasurer shall require the payment by the Noteholder requesting such exchange of any
tax or other governmental charge required to be paid with respect to such exchange. No such
exchange shall be required to be made during the fifteen (15) days next preceding each payment
date.
14. There shall be kept by the Treasurer sufficient books for the registration and transfer of
the Notes and, upon presentation for such purpose, the Treasurer shall, under such reasonable
regulations as it may prescribe, register or transfer or cause to be registered or transferred, on
said register, Notes as hereinbefore provided.
15. No transfer of a Note shall be valid unless made on said books at the request of the
registered owner or by his duly authorized attorney and similarly noted on the Note.
All transfers pursuant to this Section shall be made under such reasonable regulations as the
Treasurer may prescribe and shall be without expense to the Holder of the Notes, except that
any taxes or other governmental charges required to be paid with respect to the same shall be
paid by the Noteholder requesting such transfer, as a condition precedent to the exercise of such
privilege.
16. The President is hereby authorized and directed to sign, and the Secretary to countersign,
the Notes, and the Treasurer shall sign the coupons appertaining thereto, if any, and the Secretary
of the Agency is hereby authorized and directed, and the Secretary shall affix the seal of the
Agency to the Notes. Such signings, countersigning, and sealing as herein provided shall be a
sufficient and binding execution of the Notes by the Agency. If any officer whose signature or
countersignature appears on the Notes ceases to be an officer before the delivery of the Notes to
the purchaser, his signature or countersignature shall be as valid as if he had remained in office
until the delivery of the Notes.
All such signatures and countersignatures, excepting that of the Secretary on the Notes, may
be printed, lithographed, engraved, or otherwise mechanically reproduced.
17. The proceeds received from the sale of the Notes (excluding accrued interest and
premium, if any) shall be deposited by the Agency in a special account maintained by the
Treasurer, which account shall be known as the "Emergency Drought Relief of 1977 Improvement
Fund" ("the Improvement Fund"), which the Agency hereby covenants and agrees to maintain.
All such proceeds received from the sale of Notes when deposited in the Improvement Fund shall
be withdrawn therefrom only upon warrants, drafts, or checks of the Agency and,in accordance
with payment authorization procedures of the Government, and subject to the right of the
Government to require that appropriate officials of the Agency certify that there have been no
4
adverse developments which could prev:_.-.A completion of the project by April 30, 1978. Such
proceeds shall be applied exclusively to the purposes and objects for which the Notes have been
authorized. When said purposes and objects have been accomplished, all moneys remaining in
the Improvement Fund shall be applied, subject hereto, to call and redemption of the Notes,
except that any moneys so remaining may be used for needed extensions, enlargements, and
improvements of the Project with the prior permission of the Government.
�^ 18. The Agency, during the term of the Notes, will operate the Enterprise as a separate and
distinct agency and will create and maintain a separate and distinct special fund and account for
the Enterprise, into which all Revenues are; to be deposited, and from which all disbursements
herein provided, relating to the Enterprise, are to be made during the term of the Notes.
19. The payment of the principal and interest of all of the Notes shall be secured equally
and ratably by a lien on the Revenues of the Enterprise. The Revenues are hereby irrevocably
pledged to the payment of the principal of and interest on the Notes.
20. All of the Notes shall be equally and ratably secured, without preference or priority
by reason of number, date, or date of sale, execution, or delivery of the Notes, by said lien upon
the Revenues. Said lien shall be prior and paramount to any and all other claims and obligations
that have arisen or may arise or be incurred against the Revenues, except as herein expressly
provided.
21. The Agency covenants that it will at all times fix, establish, and maintain rates and charges
sufficient with other revenues received to produce Net Revenues equal to not less than 1.20 times
the aggregate amount of the principal of and interest on the Notes which become due and payable
within the next succeeding twelve months, including required reserves, and to otherwise comply
with the terms and conditions hereof.
22. The Revenues shall constitute a trust fund for the security and payment of the Notes and,
except as otherwise specifically authorized by this Indenture, shall not be used for any other
purpose so long as any of the Notes or any interest thereon are outstanding and unpaid.
Alp" 23. There is hereby created a special fund to be designated "Truckee — Donner Public Utility
District Water Revenue Fund", herein called "Revenue Fund", which shall be maintained and
operated by the Treasurer as a separate account of the Agency, distinct from all other funds of
the Agency, into which shall be paid, on or before the first day of each month following the
receipt thereof, the Revenues.
So long as any of the Notes or any additional Notes authorized hereunder are outstanding
or any interest thereon is unpaid, said fund shall be administered and disbursements shall be made
therefrom in the manner and in the order progressively set forth in Sections 24, 25, 26, 27 and 28
hereof.
24. There shall be, and there is hereby provided, a fund to be kept by the Treasurer and be
designated as the "Truckee — Donner Public Utility District Emergency Drought Relief Promis-
sory Notes of 1977 Note Fund", hereinafter called "Note Fund".
At least one month prior to the due date of any installment of principal and interest on the
Notes, the Treasurer shall deposit from the Revenue Fund into the Note Fund such amounts
as may be necessary for the payment thereof which have not theretofore been paid into said Fund.
25. There shall be, and there is hereby provided, a fund to be kept by the Treasurer and be
designated as the "Truckee — Donner Public Utility District Emergency Drought Relief Promis-
sory Notes of 1977 Reserve Fund", hereinafter called "Reserve Fund".
(a) Commencing on the first day of July next following the completion of the
Project, and on each first day of July thereafter for the next successive nine (9)years, the
Treasurer shall deposit into the Reserve Fund a sum equal to one-tenth (1/10th) of the
amount required to equal the average annual amount of principal and interest on the
Notes to be paid during their term.
5
(b) Whenever any moneys are withdrawn from the. Reserve. Fund to pay installments
of principal and interest on the Notes, the amount so withdrawn shall be restored from
available surplus funds and, if none, by transfers from the Revenue Fund commencing on
the next following first day of July and continuing annually for the next successive two
years, at least one-third (1/3rd) of the amount necessary to restore therein the gross
amount provided in Subdivision (a) of this Section.
Money in the Reserve Fund shall be used solely for the purpose of payment of principal and
interest on the Notes in the event the moneys in the Note Fund are insufficient therefor and for
that purpose may be withdrawn and transferred to the Note Fund. The moneys in the Reserve
Fund shall be transferred to the Note Fund at the time and for the purposes necessary to pay the
last remaining installments of principal and interest on the Notes. Any balance thereafter shall be
transferred to the Revenue Fund.
26. From the Revenue Fund, the Treasurer shall pay the necessary and reasonable expense
of management, operation, maintenance, repair, and other expenses necessary to maintain and
preserve the Enterprise.
27. The moneys remaining in the Revenue Func after the aforesaid transfers shall constitute
surplus funds and may be used for any of the following purposes:
(a) To pay the cost of unusual or extraordinary maintenance of or repairs to the
Enterprise;
(b) To improve the Enterprise;
(c) To pay the principal of and interest on the Notes;
(d) To pay the principal, interest, and premiums of Notes called prior to maturity;
(e) To pay for Notes purchased in the open market at prices offered;
(f) To pay the principal of and interest on general obligation bonds, revenue bonds,
Additional Notes, and other evidences of indebtedness which have been or may be here-
after issued by or on behalf of the Agency for water purposes;
(g) For any other lawful purpose.
No moneys shall be otherwise paid or transferred therefrom until and unless full
compliance has been had with all of the provisions of this Indenture.
28. In the event that the balance in any fund is below its requirements, moneys from a
fund of lower priority shall be transferred up to fill such deficiency in said Fund, and said
higher fund shall have a first claim on the moneys of said lower fund for said purpose.
29. For the further protection and security of the Notes issued hereunto, it is covenanted
and agreed to and with the Holders of the Notes from time to time, that the Agency will:
(a) Commence the acquisition, construction, and completion of the Project and
continue the same with all practical dispatch and in a sound and economical manner;
(b) Operate the Enterprise in an efficient and economical manner and prescribe,
revise, and collect such fees, tolls, rates, and other charges in connection therewith
that the water, services, and facilities of the Enterprise may be furnished to its
inhabitants and other users at the lowest possible cost consistent with sound
economy and prudent management;
(c) Operate, maintain, preserve, and keep the Enterprise and every part thereof
in good repair, working order, and condition;
(d) Preserve and protect the security of the Notes and the rights of the Holders
thereof, and warrant and defend such rights against the claims and demands of all
persons whomsoever;
(e) Collect and hold in trust the Revenues and other funds pledged to the pay-
ment of the Notes and apply such Revenues or other funds only as provided in this
Indenture;
(f) Pay and cause to be paid punctually the principal of the Notes and the
interest thereon on the date or dates, at the place or places, and in the manner
mentioned in the Notes and in the coupons, if any, thereto appertaining and in
accordance with this Indenture.
6
(g) Pay and discharge any and all lawful claims for labor, materials, and supplies
which, if unpaid, might by law become a lien or charge upon the Revenues of the Enter-
prise, or any part of said Revenues, or any funds in the hands of the Treasurer prior or
superior to the lien of the Notes or which might impair the security of the Notes to the
end that the priority and secaray shall be fully preserved and protected;
(h) Not mortgage or otherwise encumber, sell, lease, or dispose of the Enterprise
or any part thereof, nor enter into any lease or agreement which would impair or impede
the ,operation of the Enterprise or any part thereof necessary to secure adequate
Revenues for the payment of the principal and interest of the Notes, or which otherwise
would impair or impede the rights of the Holders of the Notes with respect to such
Revenues or the operation of the Enterprise without provisions for the retirement of the
Notes and when outstanding from the proceeds thereof;provided, however, that material
and equipment worn out or not needed for the efficient and proper operation of the
Enterprise may be sold without the consent of the Noteholders if the proceeds thereof
are applied to the improvement or extension of the Enterprise or the retirement of the
Notes;
(i) Not permit any part of the Enterprise to be used or taken advantage of free of
charge by any person, firm, or corporation, or by the State of California, or the United
States of America, or by any public corporation, political subdivision, city, county,
district, or agency, including the Agency;
0) Procure and keep in force insurance upon all buildings and structures of the
Enterprise and the machinery and equipment therein, which are usually insured by
entities operating like property, in good and responsible insurance companies. The
amount of the insurance shall be such as may be required to adequately protect it and the
Holders of the Notes from loss due to any such casualty, and, in the event of any such
loss, the proceeds shall be used to repair or restore the Enterprise or for the payment of
the Notes. In the event the proceeds are used to repair or restore, the Agency shall begin
such repair or reconstruction promptly after such loss or damage shall occur and shall
continue and properly complete the same as expeditiously as possible. The Agency shall
cause to be paid out of the proceeds of such insurance, and from any other available
funds, all costs and expenses in connection with such repair or reconstruction so that the
same shall be completed and the Enterprise shall be free and clear of all liens and claims.
If the proceeds received by reason of any such loss shall exceed the costs of such repair
A,., or reconstruction, the excess shall be deposited by the Treasurer in the Revenue Fund.
(k) If all or any part of the Enterprise shall be taken by eminent domain proceedings,
the net proceeds realized by the Agency therefrom shall be deposited by the Treasurer
in a special fund in trust and shall be applied and disbursed by the Treasurer subject to
the following conditions:
(1) If such proceeds are sufficient to provide for the payment of the entire
amount of principal on all of the then outstanding parity lien Notes and Bonds of
the Agency, so as to enable the Agency to retire all of such outstanding parity lien
Notes and Bonds, either by call prior to maturity or by payment at maturity or
partly by call prior to maturity and partly by payment at maturity, the Treasurer
shall provide for the application of such moneys to such retirement and to the
payment of such interest. The balance of such moneys, if any, shall be transferred
to the Agency and shall be available for use by the Agency for any lawful purpose.
(2) If such proceeds are insufficient to provide the moneys required for the
purposes set forth in the foregoing subsection (1), the Legislative Body shall by
resolution determine to apply such proceeds for one of the following purposes,
subject to the conditions hereinafter in this subsection (2) set forth:
(i) The Legislative Body may determine to apply such proceeds to the
purchase or call of outstanding parity lien Notes and Bonds of the
Agency. In that event, such proceeds shall be applied pro rata to the
purchase or call of such outstanding Notes and Bonds of each issue in the
proportion which the then outstanding principal amount of such issue
bears to the aggregate principal amount of all such outstanding Notes and
Bonds. If the Agency is unable to purchase or call outstanding Notes or
Bonds of any particular issue in amounts sufficient to exhaust the moneys
applicable to such issue, the remainder of such moneys shall be held in
trust by the Treasurer and applied to the payment of the outstanding
principal of such issue as the same become due by its terms, and,pending
such application, such remaining moneys may be invested as other funds
of the Agency.
7
(ii) The Legislative Body may determine to apply such proceeds to
the cost of additions or improvements to the Enterprise if(a) the Agency
first secures a consulting Engineer's Report containing (1) the loss in
annual Revenues, if any, suffered, or to be suffered, by the Agency by
reason of such eminent domain proceedings, (2) a general description of
the additions or improvements then proposed to be acquired by the
Agency from such proceeds, and (3) an estimate of the additional
Revenues to be derived from such additions or improvements;and (b) the
Treasurer, on the basis of such Engineer's Report, determines that such
additional Revenues will sufficiently offset the loss of Revenues resulting
from such eminent domain proceedings so that the ability of the Agency
to meet its obligations hereunder will not be substantially impaired. Sach
determination by the Treasurer shall be final and conclusive. The Agency
shall then promptly proceed with the construction of the additions or
improvements substantially in accordance with such Engineer's Report.
Payments for such construction shall be made from such eminent domain
proceeds. Any balance of such proceeds not required by the Agency for
the purposes aforesaid shall be deposited in the Revenue Fund.
(iii)If such eminent domain proceedings have had no effect or, at the
most, a relatively immaterial effect upon the Revenues and the security of
the Outstanding Bonds, and a consulting Engineer's Report filed with the
Treasurer so concludes, the Treasurer may so determine. Such determina-
tion by the Treasurer shall be final and conclusive and, upon notice
thereof, the eminent domain proceeds shall forthwith be deposited in the
Revenue Fund.
(1) Procure suitable fidelity bonds covering all of its officers and other employees
charged with the operation of the Enterprise and the collection and disbursement of
Revenues therefrom;
(m)Employ consulting engineers of acknowledged reputation, skill, and experience
in the construction and operation of the Enterprise for any unusual or extraordinary
items of maintenance, repair, extensions, or betterments as shall be required from time
to time, all reports, estimates, and recommendations of such consulting engineers to be
filed with the Secretary and furnished to the purchasers of the Notes if requested; and
(n) Employ a qualified independent public accountant who shall prepare and file
with any holder of the Notes, if requested, and with the Treasurer annually within
ninety (90) days after the close of each fiscal year on June 30, commencing in the year
1978, an annual audit for the preceding year which shall include:
(i) A balance sheet including balances of all funds herein created;
GO A statement in detail of the cash receipts and disbursements of the income
and expenses of the Enterprise;
(iii)A statement as to the insurance carried by it, including a brief description
of each policy as to its coverage and name of company issuing it;
(iv)The number of customers classified by rate or charge for service groups,
the number of properties connected to the Enterprise, and the number of applica-
tions for service on hand but not connected;
(v) The annual billings and the average monthly billings per user;
(vi)The schedules of the rates and charges prescribed by the rate ordinance
then in effect;
(vii) A recapitulation of funds and accounts created by this Indenture into
which are put moneys derived from the operation of the Enterprise and from the
sale of the securities herein authorized, which shall show balances at the beginning
of the period, deposits and withdrawals made during the period, and balances at
the end of the period, and also monthly deposit requirements for funds during
the next succeeding fiscal period;and
(viii) Comments of the accountant relative to the fulfillment of the provisions
`^ of this Indenture and the manner in which the Enterprise has been operated, and
his recommendations for improving the operation of the Enterprise.
8
30. All of the provisions of this Indenture shall constitute a contract between the Agency and
the Holder or Holders of the Notes hereby authorized, and, from and after the sale and delivery of
any of the Notes, no amendment, alteration, or modification of the Notes or of the coupons
appertaining thereto or of this Indenture which shall impair, impede, or lessen the rights of the
Holders of the Notes or the coupons appertaining thereto then outstanding shall be made without
the prior written consent of the Holders of at least seventy-five percent (75%) of the aggregate
principal'' amount of Notes then outstanding. Any such amendment, alteration, or modification
which shall have received the written consent of the Holders of said percentage of said outstanding
Notes as provided in this Section shall be binding on the Holders of all of the Notes and any
coupons appertaining thereto, either attached to or detached from said Notes.
31. No additional Notes or other obligations shall be issued which shall have priority over the
Notes. The Agency may issue Additional Notes or other debt obligations payable as to principal
and interest from the Revenues on a parity with the Notes for the purpose of acquiring,
constructing, or improving additions, extensions, or betterments to the Enterprise or for the
purpose of refunding any outstanding obligations issued for the Project or for any combination
of such purposes and subject to the conditions provided in this Section.
Additional parity notes may be issued to complete the project. Additional parity notes for any
other purpose, however, shall not be issued unless the annual Net Revenues of the Enterprise for
the latest fiscal year prior to the issuance of such additional notes, as shown by an audit, certifi-
cate, or opinion of an independent public accountant employed by the Agency, plus the additional
Revenues, estimated as herein provided, shall have produced a sum equal to 1.20 percent of the
average annual debt service of any then outstanding Notes and proposed Additional Notes during
the term of the Notes, including required reserves. "Debt service" as used herein means principal
and interest accruing or the amount of any transfers required to be made to any funds from which
such principal and interest are to be paid. There shall also be compliance by the Agency with all
other reserve requirements for the loan represented by the Notes or any other outstanding indebt-
edness of the Agency.
The Revenues may be revised and enlarged in a written report of an independent engineer,
to include any or all of the following:
(a) The Revenues of the additional number of users connected to the Enterprise at
the time of the issuance of said report, had such users been connected to the Enterprise
or subject to charges for the entire fiscal year used for such audit, certificate, or opinion;
(b) The Revenues to be derived from the users connected to a water system or
facilities to be acquired by the Agency from the proceeds of the Additional Notes;
(c) Seventy-five percent (75%) of the additional Revenues estimated to be produced
by the construction of the works for which Additional Notes are to be issued, or by
construction from other available revenues, in any twelve (12) month period out of the
twenty-four(24)months next succeeding the completion of construction;and
(d) Seventy-five percent (75%) of the additional Revenues estimated to be derived
from any increase in charges made by the Agency which have not been reflected in the
audit, certificate, or opinion for the year covered therein.
Nothing in this Indenture shall be deemed to limit or restrict the power of the Agency to
issue such Additional Notes payable from but inferior as to the lien of any of the then outstand-
ing Notes on the Revenues without compliance with the provisions of this Section or of any
other provision of this Indenture.
32. One or more of the events provided hereunder shall constitute an event of default:
(a) A default in the d'ue and punctual payment of the principal of a Note.when and
as the same shall become due and payable, whether at maturity as therein expressed, by
proceedings for call and redemption, by declaration or otherwise, and such default shall
continue for a period of five days.
(b) A default in the due and punctual payment of an installment of interest of a
Note when and as the interest installment shall become due and payable, and such default
shall'continue for a period of five days.
9
(c) A default in the observation of any of the covenants, agreements, or conditions
on its part herein or in the Notes contained, and the default has continued for a period of
thirty (30) days.
(d) The filing by the Agency of a petition or answer seeking reorganization or
arrangement under the Federal bankruptcy laws or other applicable laws or statutes of
the United States of America, or the approval of such a petition by a court of competent
jurisdiction, filed with or without the consent of the Agency, seeking reorganization
under the Federal bankruptcy Iaws or other applicable laws or statutes of the United
a— States of America or the assumption or control of the Agency or of the whole or any
substantial part of its property by a court of competent jurisdiction under the provisions
of other laws for the relief or aid of debtors.
(e) Upon the happening of an event of default, the holders of not less than sixty-six
and two-thirds percent (66-2/3%) in aggregate principal amount of the Notes at the time
outstanding shall be entitled, upon notice in writing to the Agency, to declare the
principal of all of the Notes then outstanding and the interest accrued thereon to be due
and payable immediately, and upon such declaration the same shall become and shall
be immediately due and payable.
(f) All of any Revenues pledged to the payment and security of the Notes, including
all sums in all of the funds provided therefor upon the date of the happening of an event
of default, and all sums thereafter received by the Agency, shall be applied by it, upon
presentation of the Notes and the stamping thereon of the payment if only partially paid,
or upon the surrender thereof if fully paid, in the order provided in subsections (g)
through 6).
(g) Said moneys shall be applied to the payment of the costs and expenses of the
Noteholders in declaring an event of default, including reasonable compensation to their
agents, attorneys, and counsel, and to the payment of the costs and expenses of the
Treasurer in carrying out the provisions of this section, including reasonable compensa-
tion to the Treasurer's agents, attorneys, and counsel.
(h) In case the principal of the Notes shall not have become due and shall not then
be due and payable, said moneys shall be applied to the payment of the interest in
default, first, in the order of presentation and registration for nonpayment in the manner
provided by law, and then in the order of maturity of the installments of the interest.
(i) In case the principal of the Notes shall have become and shall be then due and
payable, said moneys shall be applied to the payment of the principal and interest of the
Notes, first, in the order of presentation and registration in the manner provided by law,
and then in the order of the maturity of the installments of principal and interest.
0) In case the moneys shall be insufficient to pay in full the whole amount so owing
and unpaid upon the Notes, under subsections (h) and (i) of this section, then the moneys
shall be applied to the payment, first of interest, and then of principal, ratably to the
aggregate of the interest or principal then due to the persons entitled thereto without
discrimination or preference.
(k) The Agency may refund any defaulted Notes by the issuance of new Notes
maturing after the maturity of the last Note of this issue, but otherwise on a parity as to
payment with the Notes of this issue, and sell the Notes and use the proceeds to pay the
defaulted Notes, in which event the action shall be deemed to avoid or cure a default
under this section. With the consent of the Noteholder, the refunding Notes may be
exchanged for the Notes refunded.
33. Subject to any contractual limitations binding upon the Holders of the Notes (including,
but not limited to, limitations upon the exercise of a remedy to the Noteholders holding a specific
proportion or percentage of the Notes), the Holders of Notes shall have the right, for the equal
benefit and protection of all Holders of Notes similarly situated, as provided in this section.
(a) By action or suit in equity, they may require the Agency and the Legislative Body
and other officers, agents, and employees to account as the trustee of an express trust.
(b) By action or suit in equity, they may enjoin acts or things which may be unlawful
or violate the rights of the Noteholders.
101-1 (c) By mandamus or other suit, action, or proceeding at law or in equity, they may
enforce their rights against the Agency and its Legislative Body and other officers, agents,
and employees, and to require and compel it or them to perform and carry out its and
their duties and obligations under the law and its and their covenants and agreements
with Noteholders.
10
(d) No remedy conferred by this section or by the law is intended to be exclusive of
any other remedy, but each remedy is cumulative and in addition to every other remedy,
and may be exercised without exhausting and without regard to any other remedy con-
ferred by this section or by the law.
(e) No waiver of a default or breach of duty or contract by any Noteholder shall
extend to or shall affect a subsequent default or breach of duty or contract or shall
,,.., impair rights or remedies thereof.
(f) No delay or omission of a Noteholder to exercise a right or power accruing upon
a default shall impair the rights or power or shall be construed to be a waiver of the
default or acquiescence thereof.
(g) Every substantive right and every remedy conferred upon the Noteholders may
be enforced and exercised from time to time and as often as may be deemed expedient.
(h) In case an action, suit, or proceeding, to enforce a right or exercise a remedy shall
be brought or taken and then discontinued or abandoned, or shall be determined
adversely to the Noteholders, then, and in every case, the Agency and the Noteholders
shall be restored to their former positions and rights and remedies as if no suit, action,
or proceeding has been brought or taken.
34. On the basis of the facts, estimates, and circumstances now in existence and in existence
on the date of issue of the Notes, as determined by the Treasurer, the Treasurer is authorized to
certify that it is not expected that the proceeds of the issue will be used in a manner that would
cause such obligations to be arbitrage notes. Such certification shall be delivered to the purchaser
with the Notes.
I hereby certify that the foregoing Resolution was duly and regularly adopted and passed by
the Board of Directors of the Truckee — Donner Public Utility District at a meeting thereof held
on the 15th day of August, 1977, by the following vote:
,.� AYES, and in favor thereof:
NOES:
ABSENT:
11
EXHIBIT "II"
FORM OF FULLY REGISTERED NOTE
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF NEVADA
TRUCKEE — DONNER PUBLIC UTILITY DISTRICT
EMERGENCY DROUGHT RELIEF
PROMISSORY NOTE OF 1977
NO. $260,000
The Truckee — Donner Public Utility District, in the County of Nevada, State of California, a
public utility district organized and existing under the Constitution and laws of the State of Cali-
fornia, for value received has obligated itself to pay to the United States of America, Farmers
Home Administration, or registered assigns (subject to prior redemption), from the Emergency
Drought Relief Promissory Notes of 1977 Note Fund, the aggregate principal amount of TWO
HUNDRED SIXTY THOUSAND DOLLARS ($260,000), together with interest thereon from the
date at the rate of
FIVE PERCENT (5%)
per annum. Said amount shall be payable in not to exceed 39 annual equal amortized installments
or principal and interest in the amount of Fifteen Thousand Two Hundred Seventy-eight dollars
($15,278), commencing on the first day of September, 1979, and thereafter on the first day of
September in each year until maturity, together with a single payment of interest only on
September 1, 1978. If, on presentation on any payment date, payment of the installment or
installments of principal and interest hereof is not made in full, the installment shall continue to
bear interest at the rate stated herein until paid in full.
The aggregate principal amount of the Notes shall not exceed the aggregate payments by the
Government for the Notes, as said payments and the dates thereof are endorsed hereon by the
Treasurer, and a principal amount of said Notes of the longest maturity equivalent to the
difference between such aggregate principal amount and such aggregate payment shall be deemed
unissued. Interest on this fully registered Note shall be determined on the Government's aggregate
of payments for the Note from the respective dates of payment as endorsed hereon by the
Treasurer. In such event the Note shall be paid in not to exceed 39 annual equal amortized install-
ments, the last payment being adjusted to represent the amount required to pay the last install-
ment of principal and interest.
This Note is issued in total principal amount of Two Hundred Sixty Thousand Dollars
($260,000) and is issued under and pursuant to the Constitution and Statutes of the State of
California, in particular the Revenue Bond Law of 1941 and Article 9 thereof (commencing at
Section 54610 of the Government Code of the State of California), Resolution No.
A Resolution Providing for the Issuance and Sale of$260,000 Emergency Drought Relief Promis-
sory Notes of 1977;Prescribing the Amount, Date, Form, and Maturities Thereof;Fixing the Rate
of Interest Thereon; and Providing for a Pledge of Revenues of Pay the Principal Thereof and
Interest Thereon, and Ordinance No. , an Ordinance Authorizing the Execution of
Loan Agreement and Providing for the Issuance and Sale of Emergency Drought Relief Promis-
sory Notes of 1977 to the United States of America Acting through the Farmers Home Admin-
istration, the "Government", the "Indenture", and under and pursuant to the proceedings therefor
of said District duly had and taken.
Both principal and interest are payable solely from the Revenues as defined in said Resolution,
and the Truckee — Donner Public Utility District is not obligated to pay the principal hereof or
interest hereon except from the Revenues of an Enterprise consisting of the District's system,
works and facilities used for or useful for the purpose of obtaining, treating and supplying water
for domestic use, irrigation, sanitation, Industrial use, fire protection, recreation, or any other
public or private uses of the District and its inhabitants. The Notes constitute a first and prior lien
upon said Revenues, except that Additional Notes or obligations may be issued on a parity of lien
in accordance with the Indenture hereinbefore referred to, or subordinate as to the lien thereof.
(i)
All of the Revenues to be derived from the charges of the Enterprise, including Revenues from
improvements, additions, and extensions thereto which may hereafter be constructed or acquired
within said District, are pledged to pay the principal of and interest on the Notes, and to provide
(1) a Note Fund, (2) a Reserve Fund, (3) operation and maintenance funds, and (4) a Surplus
Fund, as provided in said Indenture.
The District has created a special Emergency Drought Relief Promissory Notes of 1977 Note
Fund for the payment of said principal and interest and has agreed to set aside in said fund, at the
times as in said Indenture provided, the amount necessary to pay interest and principal as it shall
fall due.
For the further protection of the payment of the Notes and the interest thereon when due,
the District has created a special Reserve Fund, into which it has agreed to pay, on the first day of
July next following the completion of the project for which the Notes were issued and for the
next successive 9 years, a sum equal to 1/10 of the amount required to equal the average annual
amount of principal and interest on the Notes to be paid during their term, which fund shall be
used solely as a guarantee for the payment of the principal of and interest on the Notes.
Both the principal hereof and interest hereon are payable by the Treasurer of the District,
Truckee, California, by check, draft, or warrant mailed to the registered owner at its address as
it appears on the register maintained in the office of said Treasurer.
The principal hereof is subject to call and redemption,in whole or in part, at the option of the
District, upon payment to the registered owner hereof of the principal so redeemed, as provided
in the Indenture providing for the issuance hereof.
Payments made on the obligation evidenced by this instrument, regardless of when made, shall
be applied first to interest due through the date of payment and next to principal except that pay-
ments made from security depleting sources shall, after payment of interest to the payment date,
be applied to the principal last to become due hereunder and shall not affect the obligation of the
District to pay the remaining installments as scheduled.
This Note is transferable by the registered owner hereof in person or by its attorney duly
authorized in writing at the office of the Treasurer of the District,Truckee, California.
This Note may be exchanged for fully registered Notes of denominations and in the manner
provided in the Indenture providing for the issuance hereof.
This Note is given as evidence of a loan to Truckee — Donner Public Utility District made by
the United States of America, pursuant to the Consolidated Farm and Rural Development Act,
and shall be subject to the present regulations of the Farmers Home Administration and to its
future regulations not inconsistent with the express provisions hereof or of the Indenture
providing for the issuance hereof.
It is hereby certified, recited, and declared that all acts, conditions, and things required by law
to exist, happen, and to be performed precedent to and in the issuance of this Note have existed,
happened, and been performed in due time, form, and manner as required by law and that the
amount of this Note, together with all other obligations of said District, does not exceed any limit
prescribed by the Constitution or Statutes of said State and that the District is authorized by law
to operate the Enterprise herein referred to, and the Legislative Body has established and has co-
venanted to maintain rates and charges sufficient with other Revenues received to pay the amount
of principal and interest as it shall become due.
IN WITNESS WHEREOF, the Truckee — Donner Public Utility District has caused this Note
to be executed under its official seal, signed by its President and countersigned by its Clerk, and
this note to be dated the day of 1977.
(SEAL)
COUNTERSIGNED: President, Truckee — Donner Public Utility District
Clerk, Truckee — Donner Public Utility District
GO
ENDORSEMENT OF PAYMENT
The United States of America, Farmers Home Administration, has duly paid for the purchase
hereof, on dates and in amounts, as follows:
Date of Payment Amount of Payment Signature of the Treasurer
TRANSFER
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto
the within note and hereby irrevocably constitutes and appoints
attorney to transfer said note on
the registry books kept for that purpose with full power of substitution in the premises.
Dated:
WITNESS:
r^