HomeMy WebLinkAbout6 Standby Charges Water Electric 10 Agenda Item #
Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: June 1, 2007
Subject: Standby charges: Water & Electric
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: Each year the Board adopts resolutions establishing water and electric standby charges and
requests Placer and Nevada Counties to collect the charges on the annual property tax bills. The
attached resolutions are unchanged each year, except for the dates. 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. Each year we adopt one resolution (2007-AA) that extends the
existing electric charge for an additional year, and a second resolution (2007-BB) that extends the
existing water standby charge for an additional year. We then adopt two other resolutions, one that
authorizes Placer County (2007-DD) to collect the two standby charges on parcels in Placer County and
the other (2007-CC) authorizing Nevada County to do the same for parcels in Nevada County. The lists
are currently in preliminary form only and are available in the Accounting Department. Final lists will be
on record with the county.
The water standby charge does not apply to vacant parcels in the Donner Lake service area nor in the
Glenshire services area.
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 is for the water standby charge for
2007-08. Another one is for the electric standby charge for 2007-08. The next two request Nevada and
Placer counties to collect the charges for us. As stated above, 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.
1. Resolution Continuing and Fixing Electric Standby Charges for Fiscal Year 2007-2008
2. Resolution Continuing and Fixing Water Standby Charges for Fiscal Year 2007-2008
3. Resolution Fixing and Placing Electric and Water Standby Charges on District Tax Roll for Collection
by the County of Nevada
4. Resolution Requesting Collection of Electric and Water Standby Charges on Placer County Tax Roll
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Nblic Utility District
Resolution No. 2007 - XX
Continuing and Fixing Electric Standby Charges
For The Fiscal Year 2007-2008
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 2007-2008 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 June 6, 2007 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F. Taylor, President
ATTEST:
Peter L. Holzmeister, District Clerk
4
UCKEE i
Public Utility District
Resolution No. 2007- XX
Continuing and Fixing Water Standby Charges
for the Fiscal Year 2007-2008
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; and
WHEREAS, fees authorized by this resolution shall not be charged, assessed, levied and collected in the
District's Donner Lake or Glenshire Service areas:
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 2007-2008 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, which shall not
include lands in Donner Lake or Glenshire Service areas, 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 June 6, 2007 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F. Taylor, President
ATTEST:
Peter L. Holzmeister, District Clerk
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Public
Resolution No. 2007 - XX
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 June 6, 2007 the Board adopted Resolution No. 2007-XX and 2007-XX
continuing and fixing electric and water standby charges pursuant to Ordinances 7501,
9103 and 9105 for the fiscal year 2007-08; 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 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, 2007, a copy will be forwarded to the Auditor Controller of the County.
Resolution 2007-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 June 6, 2007 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F. Taylor, President
ATTEST:
Peter L. Holzmeister, District Clerk
Resolution 2007-XX
s
r TRUCKEE DONNER
Public Utility District
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Resolution No. 2007 - XX
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 rolls certain charges which have been imposed by the District pursuant
to Resolution No. 2007-XX and 2007-XX 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
Resolution 2007-XX
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 June 6, 2007 by the following roll
call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F. Taylor, President
ATTEST:
Peter L. Holzmeister, District Clerk
Resolution 2007-XX