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HomeMy WebLinkAbout5 Donner Lake Assessments Agenda Item # i IE Staff Report To: Board of Directors From: Peter Holzmeister Date: June 27, 2005 Subject: Donner Lake Assessments Why this matter is before the board: This matter was discussed briefly at the last board meeting. It involves establishing a final date for the forgiving of assessments under the Donner Lake Assessment District resulting from the merger of parcels. This recommended action would be by resolution and only the board can adopt a resolution. History: As was discussed at the last meeting, after the formation of the Donner Lake Assessment District we allowed owners of multiple adjacent parcels to merge them and forgave the assessment on parcels that disappeared. I was advised by our attorney, John Murphy, that there should be a cut of date after which mergers no longer result in forgiveness of an assessment. Otherwise, over time there is erosion in the revenues needed to pay for acquisition and rehabilitation of the Donner Lake water system. The directors were favorable to establishing a cut off date and I was asked to return at this meeting with an action item to accomplish that. New Information: I have spoken with John Murphy who advised adopting a resolution establishing the cut off date is quite simple in its form. We need simple state the basic facts that led up to the process of forgiving assessments based on merging of parcels and state that a cut off date is being established to preserve revenues. I have drafted such a resolution for your consideration. it contains a few WHEREAS clauses describing the history of forgiving mergers and concludes with adoption of the cut off date on September 1, 2005. That draft resolution is attached. Recommendation: I recommend that the board adopt the resolution concerning forgiveness of assessments in the Donner Lake Assessment District related to the merging of parcels. VNEW Resolution No. 2005- XXXX Concerning Forgiveness of Assessments in the Donner Lake Assessment District Related to the Merging of Parcels WHEREAS the Truckee Donner Public Utility District participated in formation of the Donner Lake Assessment District for the purpose of acquiring and rehabilitating the Donner Lake water system; and WHEREAS the Assessment District was approved by vote of the owners of land parcels within the proposed boundary of the Assessment District; and WHEREAS assessments authorized under formation of the Assessment District apply to vacant as well as improved parcels of land; and WHEREAS the District allowed in the early stages of the existence of the Assessment District for the forgiveness of an assessment on a parcel that is merged with an adjacent parcel; and WHEREAS the forgiveness of assessments related to merged parcels reduces the revenues necessary to fund the acquisition and rehabilitation of the Donner Lake water system; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. Effective on September 1, 2005 and from that date forward assessments approved under the formation of the Donner Lake Assessment District will no longer be forgiven as a result of the merge of parcels. 2. To be considered to forgiveness of an assessment an applicant must submit to the District General manager by September 1, 2005, a certification from the appropriate county assessor that a merger of a parcel has been completed. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the day of , 2004 by the following roll call vote: AYES: NOES: ABSTAIN: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J. Ron Hemig, President ATTEST: Peter L. Holzmeister, District Clerk