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Home My WebLink About7 Donner Lake Assessment Agenda Item # "7 TRUCKEE u DONNER Public Utility District Memorandum To: Board of Directors From: Peter Holzmeister Date: June 1, 2007 Subject: Donner Lake Assessment District resolutions Why this matter is before the board: This item concerns collecting Donner Lake Assessment District No. 00-1 assessment charges in Nevada County and Placer County by the adoption of 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. The lists are currently in preliminary form only and are available in the Accounting Department. Final lists will be on record with the county. This matter comes 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. New information: Attached for your review are two resolutions: • Donner Lake Assessment District No. 00-1 to collect the annual assessment for the fiscal year 2007-2008 with Nevada County. • Donner Lake Assessment District No. 00-1 to collect the annual assessment for the fiscal year 2007-2008 with Placer County Recommendation: I recommend that the Board adopt the two resolutions requesting Nevada County and Placer County to collect the assessment for Donner Lake Assessment District No. 00-1 for tax year 2007-2008. G x i Public Utility District Resolution No. 2007 - 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 2007-2008; 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 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. 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 2007-xx 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 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 2 s TRUCKEE DONNER Public Resolution No. 2007 - 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 2007-2008; 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 Resolution 2007-XX 1 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 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. 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 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 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 2