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Home My WebLink About10 Reso for Donner Lake assessment district Agenda Item # 10 TRUCKEE R Public Utility District CONSENT To: Board of Directors From: Robert Mescher Date: June 04, 2014 Subject: Consideration of Annual Resolutions for the Donner Lake Assessment District 1. WHY THIS MATTER IS BEFORE THE BOARD This item concerns collecting Donner Lake Assessment District No. 00-1 assessment charges in Nevada and Placer Counties by the adoption of standard resolutions. Only the Board can adopt resolutions. 2. 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. The lists are currently in preliminary form only and are available in the Accounting Department. Final lists will be on record with Nevada and Placer Counties and in the Administrative Services Department. On May 2, 2001, the District 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. 3. NEW INFORMATION This matter comes before the Board each year. We rely on Nevada and Placer Counties to collect assessments and special taxes as line items on the annual property tax bills. • Attachment 1 is Resolution 2014-14 for the Donner Lake Assessment District No. 00-1 to collect the annual assessments for the fiscal year 2014-2015 with Nevada County. • Attachment 2 is Resolution 2014-15 for the Donner Lake Assessment District No. 00-1 to collect the annual assessments for the fiscal year 2014-2015 with Placer County. 4. FISCAL IMPACT The assessment district dollars collected are deposited into the Donner Lake checking account and are used to pay principal and interest payments on the Department of Water Resources State Revolving Fund loan and other assessment district expenses. The estimated assessments for the 2014-2015 assessment period are $765,000 for Nevada County and $75,000 for Placer County. 5. RECOMMENDATION a) Adopt Resolution 2014-14 requesting Nevada County to collect the Donner Lake Assessment District No. 00-1 annual assessments for tax year 2014-2015. b) Adopt Resolution 2014-15 requesting Placer County to collect the Donner Lake Assessment District No. 00-1 annual assessments for tax year 2014-2015. Robert Mescher Michael D. Holley Administrative Services Manager General Manager Attachment 1 TRUCKEE III I � DONNER Public Utility District Resolution No. 2014 - 14 Fixing and Placing Donner Lake Assessment District Annual Charges on District Tax Roll for Collection by the County o vada WHEREAS, the Truckee Donner Public Utility Dist '. May 2, 2 dopted Resolution No. 2001-09 making determinations, confirming, = ssments and p edings, ordering the acquisition and construction of improveme d taking certain othe Ions relating to Donner Lake Water Assessment District No� . ;1; and 9 WHEREAS, by Resolution No. 9723 adopted Noon ", F 997, the Board of Directors of the Truckee Donner Public Utility " A . .ict approve cution of a continuous Standard Form Tax Collection Services Con tr• : he Coun Nevada; and WHEREAS, the District has now deter w,r ed the .x affec - r'F hereby and the charges to be assessed, levied and,n ed on th . ,, n . P `nd WHEREAS, the as ents o ".. ch par b r hall be billed on the secured tax roll bills for the fiscal year 20 015. NOW, THEREFORE, '�� T oard of Directors of the Truckee Donner Public U as k at the Board upe ' ' ors of the County of Nevada, State of California, levy W the Donne k essment District charges against the parcels and owners of r ° rd listed on the computer itemization of parcels kept and r _ aintained irlk e Administrative Services Department of the District and e a pa.,`' reof by reference, and that the County Auditor and Tax C . to =nstructed to levy and collect said charges in the same man ' - 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. 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 2014-14 1 Attachment 1 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 4, 2014 by the following roll call vote: AYES: NOES: t ABSTAIN: 4 ABSENT: 3 TRUCKEE DONNER PUBLIC UTILITY DI T . B Y Tony Laliotis, President y ATTEST: E., Michael D. Holley "` rict Cie 3 {� `� � f 1, t Resolution 2014-14 2 Attachment 2 TRUCKEE I �., ... _ e Public Utility District Resolution No. 2014 - 15 Requesting Collection of Donner LaNce'Assessment District Annual charges on Placer , li 0, my Tax Roll WHEREAS, the Truckee Donner Public Utility District on May 2,2001 adopfed,Resolution No. 2001-09 making determinations, confirming ,assessments and proceedings,� ordering the acquisition and construction of improvements''arad taking,,ca�tain other actions°relating to Donner Lake Water Assessment District No. 00-'1i06nd �' 1 A I WHEREAS, the Truckee Donner Pub'lic,',,Utility District requests the County of Placer collect on the County tax rolls certain charges which"habeteen imposed by the District for the fiscal tax year 2014-2015; and WHEREAS, the County has squired as a gonditi Q n of the'co,llection of said charges that the �, 4 9 District warrant the lega'li y of s'aidti charges'harid Defend and indemnify the County from any challenge to the legality thereof. , y ttiy�� NOW, THEREFORE,, IT RE'SbLvED by th'e IC3oard of Directors of the Truckee Donner Public Utility District as f IoW$";;,. 4 1 46 Auditor=Gbhi;rollef' 18fliPlacer County is requested to attach for collection on the , I it u', r G'ounty tax rolls tOose assessments attached hereto. liA 2. The,District warrants4and represents that the assessments imposed by the District and being,requested to be dollected by Placer County comply with all requirements of state law, including but n,otIi mited to Articles XIIIC and XIIID of the California Constitution (Proposition flg18)�;+ 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 Resolution 2014-15 1 Attachment 2 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 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 )/vill cooperate with the County in answering questions referred to District byi; County from any person concerning the District's assessments and that District)*ill not refer such persons to County officers and employees for response. LiI , I 6. The District agrees to pay such reasonable andibrdinary chardes as the County may prescribe to recoup its costs in placing on the't'8'x(rolls and collecting Ithe assessments as provided by Government Code sectio1h,129k4 and 51800. I I! 1 PASSED AND ADOPTED by the Board of Directors of the �iPruckee Donner Public Utility District at a meeting held within said District on June 4,!20.14 by the following roll call vote: +� " by AYES: L I a I L, i, NOES: Ili L Ili ABSTAIN: I k 1 '�II 1'.a` ABSENT: +w' rj u�'i �f +; TRUCKEE DONNER PUBLICUT'ILiTYI,DISTRICT III 11 P u it I , � u, By Tony `L'aliotis, PresidentII LI(r ATTEST: a++1 + y Michael D. Holley, D',strict Clerk Resolution 2014-15 2