HomeMy WebLinkAbout5 Assessment Resoluctions Agenda Item #
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Public Utilit l► strict
Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: July 15, 2005
Subject: Assessment resolutions
Why this matter is before the board: This item concerns establishing and collecting Donner Lake
Assessment District No. 00-1 charges in Placer and Nevada Counties, Old Greenwood No. 03-1
special tax in Nevada County and Grays Crossing No. 04-1 special tax in Nevada County by the
adoption of various standard resolutions. Only the board can adopt these resolutions.
History: Resolution No. 9723 adopted on November 5, 1997 authorized the execution of a
standard form tax collection services contract on behalf of the District with the County of Nevada.
The contract states that the District must adopt an annual resolution requesting placement of
special taxes, special assessments and/or parcel charges on the County of Nevada tax rolls. This
will be a routine matter that will come before the board each year. We rely on Placer and Nevada
Counties to collect assessments and special tax as a line item on the annual property tax bill. We
would like to do that again this year.
The District on May 2, 2001 adopted Resolution No 2001-09 making determinations, confirming
assessments and proceedings, ordering the acquisition and construction of improvements and
taking certain other actions relating to Donner Lake Water Assessment District no. 00-1.
The District on October 14, 2003, adopted Ordinance No. 2003-04, authorizing the levy of a special
tax within the Old Greenwood Community Facilities District No. 03-1.
The District on July 21, 2004, adopted Ordinance No. 2004-02, authorizing the levy of a special tax
within the Grays Crossing Community Facilities District No. 04-1.
New information: Attached for your review are four resolutions:
• Donner Lake Assessment District No. 00-1 to collect the annual assessment for the fiscal
year 2005-2006 with Nevada County.
• Donner Lake Assessment District No. 00-1 to collect the annual assessment for the fiscal
year 2005-2006 with Placer County.
• Old Greenwood Community Facilities District No. 03-1 to collect the special tax for the fiscal
year 2005-2006.
• Grays Crossing Community Facilities District No. 04-1 to collect the special tax for the fiscal
year 2005-2006.
Recommendation: I recommend that the board adopt the four resolutions requesting Nevada and
Placer Counties to collect the assessment for Donner Lake Assessment District No. 00-1 and the
special taxes for Community Facilities Districts Old Greenwood 03-1 and Grays Crossing 04-1.
TRUCKEE DONNER
Public
Resolution No. 2005-XX
Fixing and Placing Donner Lake Assessment District
Annual Charges on District Tax Roll for
Collection by the County of Nevada
WHEREAS, the Truckee Donner Public Utility District on May 2, 2001 adopted Resolution
No 2001-09 making determinations, confirming assessments and proceedings, ordering
the acquisition and construction of improvements and taking certain other actions relating
to Donner Lake Water Assessment District no. 00-1; 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;
WHEREAS, the District has now determined the lands affected thereby and the charges to
be assessed, levied and collected on the lands and parcels;
WHEREAS, the assessments on each parcel shall be billed on the secured tax roll bills for
the fiscal year 2005-2006; and
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 Donner Lake Assessment District charges against the
parcels and owners of record listed on the computer itemization of
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, 2005, 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).
Resolution 2005-XX
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 July 20, 2005 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
Resolution 2005-XX
TRUCKEE
DONNER
A i ■
Public
Utility District
Resolution No. 2005-XX
Requesting Collection of Donner Lake Assessment District
Annual charges on Placer County Tax Roll
WHEREAS, the Truckee Donner Public Utility District on May 2, 2001 adopted Resolution
No 2001-09 making determinations, confirming assessments and proceedings, ordering
the acquisition and construction of improvements and taking certain other actions relating
to Donner Lake Water Assessment District no. 00-1; and
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 for the fiscal tax year
2005-2006; 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 assessments attached hereto.
2. The District warrants and represents that the assessments 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 XIIID 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 assessments 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 assessments
requested to be collected by County for district, or in any manner arising out of District's
establishment and imposition of assessments. 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 assessments the County may offset the amount of the
Resolution 2005-XX
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
assessments and that District will not refer such persons to County officers and employees
for response.
s. 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 assessments 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 July 20, 2005 by the following roil call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hemig, President
ATTEST:
Peter L. Holzmeister, District Clerk
Resolution 2005-XX
,r
E �D O
NNER
Public Utility
Resolution No. 2005 - XX
Fixing and Placing a Special Tax Levy on Community
Facilities District No. 03-1 (Old Greenwood)
for Collection by the County of Nevada
WHEREAS, on October 14, 2003, the Board of Directors of the Truckee Donner Public
Utility District duly adopted Ordinance No. 2003-04, authorizing the levy of a special tax
within said Community Facilities District No. 03-1 (Old Greenwood)and providing a means
for collection thereof; 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; 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, the taxes on each parcel shall be billed on the secured tax roll bills for the
fiscal year 2005-2006.
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 a
special tax against the parcels and owners of record listed on the computer
itemization of 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, 2005, a copy will be
forwarded to the Auditor Controller of the County.
Resolution 2005-XX
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 MID 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 July 20, 2005 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
Resolution 2005-XX
fTRUCKEE •
Public Utility r*ct
Dist i
Resolution No. 2005 - XX
Fixing and Placing a Special Tax Levy on Community
Facilities District No. 04-1 (Grays Crossing)
for Collection by the County of Nevada
WHEREAS, on July 21, 2004, the Board of Directors of the Truckee Donner Public Utility
District duly adopted Ordinance No. 2004-02, authorizing the levy of a special tax within
said Community Facilities District No. 04-1 (Grays Crossing) and providing a means for
collection thereof; 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; 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, the taxes on each parcel shall be billed on the secured tax roll bills for the
fiscal year 2005-2006.
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 a
special tax against the parcels and owners of record listed on the computer
itemization of 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, 2005, 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 MID of the California
Constitution (Proposition 218).
Resolution 2005-XX
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 July 20, 2005 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
Resolution 2005-XX