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Home My WebLink About8 Electric Water standby charge resolutions Agenda Item # 8 Public „ CONSENT To: Board of Directors From: Robert Mescher Date: June 04, 2014 Subject: Consideration of Resolutions Continuing Electric and Water Standby Charges 1. WHY THIS MATTER IS BEFORE THE BOARD This item concerns continuing electric and water standby charges in Nevada and Placer Counties through the District resolutions. Only the Board can adopt these resolutions. 2. HISTORY The District levies standby charges on vacant parcels for electric and water service. The purpose of the standby charge is to collect revenues to help pay operating and maintenance expenses. The idea is that vacant lots benefit by being in close proximity to water and electric lines, and should, therefore, contribute to operation and maintenance of those lines. Each year the Board is required to adopt resolutions establishing electric and water standby charges and requesting Nevada and Placer Counties to collect the charges on the annual property tax bills. 3. NEW INFORMATION The District has not changed the standby rates in many years, and no changes to the charges are being proposed at this time. The parcel lists are currently in preliminary form only. Final lists will be on record with the Counties and the Administrative Services Department. Attachment 1 contains four resolutions required to continue assessing standby charges and place them on Nevada and Placer County tax rolls. Resolution 2014-08 is for continuing the electric standby charge for 2014-2015. Resolution 2014-09 is for continuing the water standby charge for 2014-2015 . Resolutions 2014-10 and 2014-11 request Nevada and Placer Counties to collect the charges. The water standby charge does not apply to vacant parcels in the Donner Lake service area nor in the Glenshire service area. 4. FISCAL IMPACT The estimated revenue for this action is: Nevada County Standby Charges for 2014-2015 will be approximately: Electric $ 24,100 Water $148,400 Total Parcels: 2,247 Placer County Standby Charges for 2014-2015 will be approximately: Electric $ 490 Water $4,320 Total Parcels: 83 5. RECOMMENDATION Adopt the following four resolutions: a) Resolution No. 2014-08 - Continuing and Fixing Electric Standby Charges for Fiscal Year 2014-2015 b) Resolution No. 2014-09 - Continuing and Fixing Water Standby Charges for Fiscal Year 2014-2015 c) Resolution No. 2014-10 - Fixing and Placing Electric and Water Standby Charges on County of Nevada Tax Roll for Collection d) Resolution No. 2014-11 - Requesting Collection of Electric and Water Standby Charges on Placer County Tax Roll Robert Mescher Michael D. Holley Administrative Services Manager General Manager Attachment 1 Public Utility District Resolution No. 201 ® 08 Continuing and Fixing Electric StanjoNMharges For The Fiscal Year 201 -A - WHEREAS, on February 18, 1975, the Board of Directors Q Truckee DonnefqMWic Utility District duly adopted Ordinance No. 7501 fixing Electric Standby Ch on lands within the [� gt boundaries and providing a means for collection thereof; and WHEREAS, on August 16, 1982,the Board of DirectorRted Rein No. 8240 amend g Ordinance 7501 to include Placer as well as Nevada County; and WHEREAS, Ordinance No. 7501 prescri��_-_ '_-��implementat -! the actual charges shall be made by resolution of the Board for each fiscal yeaMl NOW, THEREFORE, BE IT RESOLVED by Boarder torso Truckee Donner Public Utility District as follows: — 1. The Electric Standbye foP= fiscal y4-2015 shall be the sum of $20 for any parcel consisting of one§9W more, ante sum of Wfor any parcel of less than one acre. 2. The District shall de�---_�e the lanceaffected eby for the current fiscal year and the charges to be assessed, levied collgrffluls - I ds ar` - parcels, and upon the completion thereof a subsequambresplution MMONSPproved fN acing the electrical standby charges on the District tax rol n „ =why Plawiwd Nevada Counties. 3. C_�ft�d copies of this rimmlution'2�be forwarded along with the direct charges to the County Auditor ofiw--J,'ounty of Placer the Co�uditor of the County of Nevada. PASSED ADOPTED by Hoard of Directors of the Truckee Donner Public Utility District at a meeting held within thetrict on June014 by the following roll call vote: AYES: -- NOES: ABSTAIN: —_ ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Tony Laliotis, President ATTEST: Michael D. Holley, District Clerk Attachment 1 d, l Public Utility District Resolution No. 2013 - 09 Continuing and Fixing Water Standby Charges for the Fiscal Year 2014 - 2015 WHEREAS, on February 18, 1975, the Board of Directors of the Truckee D Public Utility District duly adopted Ordinance No. 7501 fixing Water Standby Charges on lands i U e District boundaries and providing a means for collection thereof; and a WHEREAS, on August 16, 1982,the Board of Directors adopted io 8240 amending Ordinance 7501 to include Placer as well as Nevada County; and WHEREAS, on March 18, 1991,the Board of Directors ad rdinance No. 9 ending Ordinance No. 7501 and Resolution No. 8240 to the extent that s inance and resolutio =cern the fixing of Water Standby Charges in the County of Nevada; a WHEREAS, on April 8, 1991,the Board of Directors ad Ordin o.9105 amendin -rdinance No. 7501 and Resolution No. 8240 to the extent that such ord e solution concern the fixing of water standby charges in the County of Placer; a. r° WHEREAS, Ordinance No. 7501 prescrib `u w r, lementatio a actual charges shall be made by resolution of the Board for each fiscal year; WHEREAS, fees authorized by this resolution ,II not b_ ;e -: as ed, levied and collected in the District's Donner Lake or GI rvice areg� NOW, THEREFORE, B ESO by the 13 r of Directors of the Truckee Donner Public Utility District as follows: 1. The Water Standb m age for #h" Ws al year 21 2015 shall be the sum of $80 for all parcels regardless of size. 2. The Did ` . '� rmine '„ends to be affec e thereby for the current fiscal year, which shall not include ,i Is in Don qke orx nshire Service areas, and the charges to be assessed, levied and collect, n'the lands al IRONgrcels�eg u upon the completion thereof a subsequent resolution shall be appror ixing and placin1 e Water�� dby Charges on the District tax roll for collection by Placer and Nevada ties. s ` E 3. Certified o s of this resol'g ` n be forwarded to the County Auditor of the County of Placer and the County Audit e County vada. F.IEY PASSED AND AD OT D aye Board of Directors of the Truckee Donner Public Utility District at a meeting held within the Distric ry me 4, 2014 by the following roll call vote: ,f AYES: NOES: ABSTAIN: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Tony Laliotis, President ATTEST: Michael D. Holley, District Clerk Attachment 1 TRUCKEE ! Public * District Resolution No. 2014 - 10 Fixing and Placing Electric and Water Standby Charges on County of Nevada Tax R fj�or Collection 3 Ctb'��r'p it " �7,, WHEREAS, on February 18, 1975, the Board of Dirctors of th�'jckee Donner Public Utility District duly adopted Ordinance No. 7501 fixiaglectric and V . ' Standby Charges on lands within the District boundaries and prod a means for c0 i, n thereof; and r«�!, g WHEREAS on August 16, 1982, the Boa rcF dopted Res lution No. 2#11tp amending Ordinance 7501 to include Placer as well as ' V; a Co f y, and w° ' ,;'1 RI WHEREAS on March 18 1991 t §61yB and of Direc � adopted Ordinance No. 9103 amendingOrdinance No. 7501 and ' 'o`�ii can No. 824 ' i he extent that such ordinance �,�,, and resolution concern the fixing of wa (r stant,"'£ y charge the County of Nevada; and WHEREAS, on June 4g � ',#fie Boar'rj do R s ton No. 2014-08 and 2014-09 �1� f in N rt A li €H�spr continuing and fixingJnca water # n�by charges' pursuant to Ordinances 7501, �, , l f 9103 and 9105 for , � iscaI yea`, 014 15; WHEREAS the Dis as no 6t I i ed th hands affected thereby and the charges to l;l ,� be assesser 1 !,y!pd an t ol d o ,t,16',;f#al and parcels; and WHEIF �� , by ResodNil ' n fro 23 adopted November 5, 1997, the Board of Directors of the Y 8�Cee Donnerc U it district approved execution of a continuous Standard �I Form"nl Collection Serat�-' Coif ct with the County Of Nevada. 7�1i�1d 7f I NOW, THERE ORE, BE ;1+�R� ESOLVED by the Board of Directors of the Truckee Donner Public Utility D'ir ct as f Y I> vs: 1. That the Boar ' upervisors of the County of Nevada, State of California, levy the standby cha ges against the parcel numbers (APN) 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 provided. Upon completion and correction of the current list through June 30, 2014, a copy will be forwarded to the Auditor Controller of the County. Resolution 2014-10 1 Attachment 1 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 County Auditor of the County of Nevada. PASSED AND ADOPTED by the Board of Directors of the Tr�(l+ak�e Donner Public Utility Al te' District at a meeting held within said District on June 4, 201 I 'iit e following roll call vote: AYES: „ fit , 'y " ' ip, d Ht +1I' q {„ U�4ij�,NOES: 4'MMY, AIM tj "Wil,ell yI1§ ABSTAIN: if I r , ) it�a Il', I ail p�J a ON — hil n+x(�i ABSENT: 1 ��7,ax td lrjr a t; 3!1' TRUCKEE DONNER PUBLIC UTI gl ir �S TRICT 94J f „ Vet 1i 11 Tony Laliotis, Presic�� ,a, �, ,15 gj ATTEST: �� '�+�'3 1 'ILI t ,gypp r�ttu�t�f,rr 7 €R+3 .� eta Michael ��i, �e` pistri + I' ( ir,�yI,4 a{�� l� i ir',, 7 ,t }y , fib t�113➢S pl Pigjs„��js a,i ! � qi k)1➢t 1, NlYI I/?A j ts� �. i�5 jai" "YI I 1�{f�i� t I, Resolution 2014-10 2 Attachment 1 ¢ f .. _ s.i • , Public District Resolution No. 2014 - 11 Requesting Collection of Electric an : Ater Standby Charges on Placer Coun {, Roll WHEREAS, the Truckee Donner Public Utility D'.. n requests theNthM cer collect on the County tax rolls certain charges which , een imposed bursuant to Resolution No. 2014-08 and 2014-09 attac reto, a . WHEREAS, the County has require as a conditi =s collection of said charges that the District warrant the legality of s Jv fi-h rges and a._ and indemnify the County from any challenge to the legality thereof NOW, THEREFORE, BE IT RESOLV > y the ,'t . f Dir rs of the Truckee Donner Public Utility District as .~ 1. The Auditory troller of cer Cou is requested to attach for collection on the Count Is those? xes, asse,. ents, fees and/or charges, attached hereto. `., 2. rra f d represents f at the taxes, assessments, fees and/or #; irges imp-6 t by T� District and being requested to be collected by Placer ounty co pi t h all q sirements of state law, including but not limited to Iles XIIIC ands ' ID of 1" California Constitution (Proposition 218). 3. The T rict release and discharges County, and its officers, agents and emplo �� fr nd all claims, demands, liabilities, costs and expenses, damages3, f action, and judgments, in any manner arising out of the collection my on the property tax toll of any taxes, assessments, fees and/or charges on behalf of District. 4. In consideration for the County's collection of the charge through the County's property tax roll, 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 Resolution 2014-11 1 Attachment 1 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 employe .:_'will cooperate with the County in answering questions referred to District b ty from any person concerning the District's taxes, assessments, fees or charges, and that District will not refer such persons to County and employees for response. 6. The District agrees to pay the County fort v x sonable and o ry charges to recoup its costs of placement and coll " ':"on the tax rolls at th reed upon rate of 1% of the taxes, assessment ees and/on charges, as aided by Government Code section 29304 and 0. PASSED AND ADOPTED by the BQa of Directors Truckee Donner Public Utility District at a meeting held within sarIsi i on June .go-, V. 14 by the following roll call vote: AYES: y NOES: A� ABSTAIN M MIR, ABSENT TR�7E DONNER ,BLI 1,�' LITY DISTRICT By , Tony Laliotis esideq ATTEST: Michael D. Holley, District Clerk Resolution 2014-11 2