HomeMy WebLinkAbout5 Standby Resolutions Agenda Item #
�!TRUCKEE DONNER
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eublic Utility District
Staff Report
To: Board of Directors
From: Peter Holzmeister
Date: April 30, 2004
Subject: Standby resolutions
Why this matter is before the board: This item concerns establishing and collecting
water and electric standby charges in Placer and Nevada Counties by the adoption of
various standard resolutions. Only the board can adopt these resolutions.
History: The District has for years levied standby charges on vacant parcels for water
and electric 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
maintenance of those lines. We have not changed the standby rates in many years, and
we do not propose changing them at this time.
We have traditionally relied on Placer and Nevada Counties to collect the standby
charges as a line item on the annual property tax bill. We would like to do that again this
year.
New information: Attached for your review are four resolutions. One set the water
standby charge for 2004-05. Another sets the electric standby charge for 2004-05. The
next two request the two counties to collect the charges for us. These resolutions are
virtually identical to the resolutions we have adopted in the past.
Recommendation: I recommend that the board adopt the four resolutions setting the
water and electric standby charges and requesting Nevada and Placer Counties to
collect the charges.
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Public Utility D
Resolution No. 2004-A
Implementing And Fixing Electric Standby Charges For The Fiscal
Year 2004-2005
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 2004-05 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 May 5, 2004 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
James A Maass, President
ATTEST:
Peter L. Holzmeister, District Clerk
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Public
Resolution No. 2004-B
Implementing and Fixing Water Standby Charges for the Fiscal
Year 2004-2005
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 2004-2005 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 for 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 May 5, 2004 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
James A Maass, President
ATTEST:
Peter L. Holzmeister, District Clerk
T! RU I�IIEE DONNER
Public Utility District
Resolution No. 2004-C
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 May 5, 2004 the Board adopted Resolution No. 2004-A and 2004-6
implementing and fixing electric and water standby charges pursuant to Ordinances
7501, 9103 and 9105 for the fiscal year 2004-05; 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, 2003, 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 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 said District on June 18, 2003 by the following roll call
vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
James A. Maass President
ATTEST:
Peter L. Holzmeister, District Clerk
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Resolution No. 2004-D
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 roils certain charges which have been imposed by the District
pursuant to Resolution No. 2004-A and 2004-B 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 May 5, 2004 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
James A Maass, President
ATTEST:
Peter L. Holzmeister, District Clerk