HomeMy WebLinkAbout12 Standby Charges Agenda Item # 10 „
Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: June 13, 2003
Meeting: June 18, 2003
Subject: Electric and Water standby charges- consideration of resolutions
and possible adoption
WHY THE MATTER IS BEFORE THE BOARD: Annually, the Board of Directors needs
to authorize by resolution the continuance of and the amount of charges for electric and
water standby charges.
HISTORY:
District Code 3.32.020.1 Standby Charges states that the General Manager shall
direct staff to prepare an updated list of unimproved parcels to be assessed electric and
water standby charges. The records shall be prepared in a format acceptable to both
Nevada and Placer Counties and shall be submitted to them before their scheduled
deadline. The assessments will then appear on the annual property tax bills sent out by
Nevada and Placer Counties. Nevada and Placer Counties will then act as the collection
agents for the assessments and will forward payment to the District pursuant to county
policy.
NEW INFORMATION:
A.) Resolution implementing and fixing electric standby charges for the fiscal year
2003-2004
B.) Resolution implementing and fixing water standby charges for the fiscal year
2003-2004
C.) Resolution fixing and placing electric and water standby charges on District tax
roll for collections by the County of Nevada
D.) Resolution requesting collection of electric and water standby charges on Placer
County tax roll
RECOMMENDATION:
I recommend that the board adopt the resolutions authorizing Placer County and Nevada
County to implement, fix and place the District's water and electric standby charges on
the county tax rolls.
III i �
. Ago
Resolution No . 2003-20
Implementing And Fixing Electric Standby Charges For The Fiscal
Year 2003-2004
WHEREAS, on February 18, 1975,the Board of Directors of the Truckee Donner Public Utility
District duly adopted Ordinance No. 7501 fixing electric standby charges on lands within the
District boundaries and providing a means for collection thereof; and
WHEREAS, on August 16, 1982, the Board of Directors adopted Resolution No. 8240
amending Ordinance 7501 to include Placer as well as Nevada County; and
WHEREAS, Ordinance No. 7501 prescribes that implementation of the actual charges shall
be made by resolution of the Board for each fiscal year:
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District as follows:
1. The electric standby charge for the fiscal year 2003-04 shall be the sum of
$20 for any parcel consisting of one acre or more, and the sum of$10 for any
parcel of less than one acre.
2. The District shall determine the lands to be affected thereby for the current
fiscal year and the charges to be assessed, levied and collected on the lands
and parcels, and upon the completion thereof a subsequent resolution shall
be approved fixing and placing the electrical standby charges on the District
tax roll for collection by Placer and Nevada Counties.
3_ Certified copies of this resolution are to be forwarded along with the direct
charges to the County Auditor of the County of Placer and the County Auditor
of the County of Nevada.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility
District at a meeting held within the District on June 18, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hemig, President
ATTEST:
Peter L. Holzmeister, District Clerk
, r� • lei ��� g ��i � I� �
Resolution No . 2003-21
Implementing and Fixing Water Standby Charges for the Fiscal
Year 2003-2004
WHEREAS, on February 18, 1975, the Board of Directors of the Truckee Donner
Public Utility District duly adopted Ordinance No. 7501 fixing water standby charges
on lands within the District boundaries and providing a means for collection thereof;
and
WHEREAS, on August 16, 1982, the Board of Directors adopted Resolution No.
8240 amending Ordinance 7501 to include Placer as well as Nevada County; and
WHEREAS, on March 18, 1991,the Board of Directors adopted Ordinance No.9103
amending Ordinance No. 7501 and Resolution No. 8240 to the extent that such
ordinance and resolution concern the fixing of water standby charges in the County
of Nevada; and
WHEREAS, on April 8, 1991, the Board of Directors adopted Ordinance No. 9105
amending Ordinance No. 7501 and Resolution No. 8240 to the extent that such
ordinance and resolution concern the fixing of water standby charges in the County
of Placer; and
WHEREAS, Ordinance No. 7501 prescribes that implementation of the actual
charges shall be made by resolution of the Board for each fiscal year:
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee
Donner Public Utility District as follows:
1. The water standby charge for the fiscal year 2003-2004 shall be the
sum of$80 for all parcels regardless of size.
2. The District shall determine the lands to be affected thereby for the
current fiscal year and the charges to be assessed, levied and
collected on the lands and parcels, and upon the completion thereof
a subsequent resolution shall be approved fixing and placing the
water standby charges on the District tax roll fo:collection by Placer
and Nevada Counties.
3. That certified copies of this resolution be forwarded to the County
Auditor of the County of Placer and the County Auditor of the County
of Nevada.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility
District at a meeting held within the District on June 18, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hernig, President
ATTEST:
Peter L. Holzmeister, District Clerk
11 � �I it IW
Resolution No . 2003-22
Fixing and Placing Electric and Water Standby Charges on
District Tax Roll for Collection by the County of Nevada
WHEREAS, on February 18, 1975, the Board of Directors of the Truckee Donner Public Utility
District duly adopted Ordinance No. 7501 fixing electric and water standby charges on lands within
the District boundaries and providing a means for collection thereof; and
WHEREAS, on August 16, 1982, the Board adopted Resolution No. 8240 amending Ordinance
7501 to include Placer as well as Nevada County; and
WHEREAS, on March 18,1991, the Board of Directors adopted Ordinance No. 9103 amending
Ordinance No. 7501 and Resolution No. 8240 to the extent that such ordinance and resolution
concern the fixing of water standby charges in the County of Nevada; and
WHEREAS, on June 18, 2003 the Board adopted Resolution No. 2003-20 and 2003-21
implementing and fixing electric and water standby charges pursuant to Ordinances 7501,9103 and
9105 for the fiscal year 2003-04; and
WHEREAS, the District has now determined the lands affected thereby and the charges to be
assessed, levied and collected on the lands and parcels; and
WHEREAS, by Resolution No. 9723 adopted November 5, 1997, the Board of Directors of the
Truckee Donner Public Utility District approved execution of a continuous Standard Form Tax
Collection Services Contract with the County Of Nevada;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public
Utility District as follows:
1. That the Board of Supervisors of the County of Nevada, State of California, levy the
standby charges against the parcels and owners of record listed on the computer
itemization of unimproved parcels kept and maintained in the Administrative Services
Department of the District and made a part hereof by reference, and that the County
Auditor and Tax Collector be instructed to levy and collect said charges in the same
manner as County taxes as by law and in said ordinance provide. Upon completion and
correction of the current list through June 30,2002, a copy will be forwarded to the Auditor
Controller of the County.
2. The District warrants and represents that charges imposed by the District and being
requested to be collected by Nevada County comply with all requirements of state law,
including but not limited to Articles XIIIC and XIIID of the California Constitution
(Proposition 218).
3. That a certified copy of this resolution be forwarded to the CountyAuditor of the County of
Nevada.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a
meeting held within said District on June 18, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hemig, President
ATTEST:
Peter L. Holzmeister, District Clerk
i
Resolution No . 2003-23
Requesting Collection of Electric and Water Standby Charges
on Placer County Tax Roll
WHEREAS, the Truckee Donner Public Utility District requests the County of Placer collect
on the County tax rolls certain charges which have been imposed by the District pursuant to
Resolution No. 2003-20 and 2003-21 attached hereto, and
WHEREAS,the County has required as a condition of the collection of said charges that the
District warrant the legality of said charges and defend and indemnify the County from any
challenge to the legality thereof,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District as follows:
1. The Auditor-Controller of Placer County is requested to attach for collection
on the County tax rolls those taxes, assessments, fees and/or charges,
attached hereto.
2. The District warrants and represents that the taxes, assessments, fees
and/or charges imposed by the district and being requested to be collected
by Placer County comply with all requirements of state law, including but not
limited to Articles XIIIC and MID of the California Constitution (Proposition
218).
3. The District releases and discharges County, and its officers, agents and
employees from any and all claims, demands,liabilities,costs and expenses,
damages, causes of action, and judgments, in any manner arising out of the
collection by county of any taxes, assessments, fees and/or charges on
behalf of District.
4. The District agrees to and shall defend, indemnify and hold harmless the
county, its officers, agents and employees (the "Indemnified Parties") from
any and all claims, demands, liabilities, costs and expenses, damages,
causes of action, and judgments, in any manner arising out of the collection
by County of any of District's said taxes, assessments, fees and/or charges
requested to be collected by County for district, or in any manner arising out
of District's establishment and imposition of said taxes, assessments, fees
and/or charges. District agrees that, in the event a judgment is entered in a
court of law against any of the Indemnified Parties as a result of the
collection of one of District's taxes, assessments, fees and/or charges, the
County may offset the amount of the judgment from any other monies
collected by County on behalf of District, including property taxes.
5. The District agrees that its officers,agents and employees will cooperate with
the County in answering questions referred to District by County from any
person concerning the District's taxes, assessments, fees and/or charges,
and that District will not refer such persons to County officers and employees
for response.
6. The District agrees to pay such reasonable and ordinary charges as the
County may prescribe to recoup its costs in placing on the tax rolls and
collecting the taxes, assessments, fees and charges, as provided by
Government Code section 29304 and 51800.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a
meeting held within said District on June 18, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hemig, President
ATTEST:
Peter L. Holzmeister, District Clerk