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HomeMy WebLinkAbout7 Public Hearing Annual Electric and Water Standby Charges7 PUBLIC HEARING To: Board of Directors From: Jeremy Popov Date: May 04, 2016 Subject: Hold a Public Hearing Related to Adoption of the Annual Electric and Water Standby Charges and Adopt Resolutions Related to the Item 1. WHY THIS MATTER IS BEFORE THE BOARD At the April 6, 2016 Board Meeting, the Board set a public hearing date of May 4, 2016 to receive written and oral comments from the public regarding the adoption of resolutions establishing and collecting Electic and Water Standby Charges for 2016-2017 tax year. 2. HISTORY Each year the Board is required to adopt resolutions establishing electric and water standby charges and requesting Nevada and Placer Counties to collect the charges on the annual property tax bills. Standby charges have been assessed on vacant parcels in the District since 1975. These annual charges recoup the District's operating and maintenance costs of the electric and water distribution facilities from parcel owners who benefit from their vacant lot being in close proximity to the distribution facilities. The current electric standby charge applies to vacant parcels with a District electric distribution line installed along an easement or along a public road or right of way within 200 feet of the nearest exterior boundary line of any such parcel. The Electric Standby Charge is $20.00 per year for each parcel 1 acre or larger, or $10.00 per year for each parcel less than 1 acre. The current Water Standby distribution line not less than nearest exterior boundary line is $80.00 per parcel per year. Charge applies to vacant parcels with a District water two inches in diameter installed within 100 feet of the of any such parcel. The current Water Standby Charge 3. NEW INFORMATION A public hearing has been advertised in the Sierra Sun on April 13, 2016 and April 20, 2016. The District has not changed the standby rates in many years, and no changes to the charges are being proposed at this time. The parcel lists are currently in preliminary form only. Final lists will be on record with the Counties and the Administrative Services Department. Attachment 1 contains four resolutions required to continue assessing standby charges and place them on Nevada and Placer County tax rolls. Resolution 2016-10 is for continuing the electric standby charge for 2016-2017. Resolution 2016.11 is for continuing the water standby charge for 2016-2017. Resolutions 2016-12 and 2016-13 request Nevada and Placer Counties to collect the charges. The water standby charge does not apply to vacant parcels in the Donner Lake service area nor the Glenshire service area. 4. FISCAL IMPACT The estimated standby revenue for 2016-2017 is: Nevada County: Electric $ 22,000 Water $ 136,080 Total Parcels: 21053 Placer County: Electric $ 490 Water $ 41080 Total Parcels: 80 5. RECOMMENDATION 1) Conduct a Public Hearing to accept comments on the proposed action. 2) Adopt the following four resolutions: a) Resolution 2016-10 Continuing and Fixing Electric Standby Charges for Fiscal Year 2016-2017 b) Resolution 2016-11 Continuing and Fixing Water Standby Charges for Fiscal Year 2016-2017 c) Resolution 2016-12 Fixing and placing Electric and Water Standby Charges on County of Nevada Tax Roll for Collection d) Resolution 2016-13 Requesting Charges on Placer County Tax Roll F Jeremy Popov Administrative Services Manager Collection of Electric and Water Standby Michael D. Holley General Manager Resolution No. 20"1 a = 10 Continuing and Fixing Electric Standby Charges for the Fiscal Year 2016-2017 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 2016-2017 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 May 4, 2016 by the following roll call vote: AYES: Directors: NOES: None ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Joseph Aguera, President ATTEST: Michael D. Holley, District Clerk Resolution No. 20016 = 11 Continuing and Fixing Water standby Charges for the Fiscal Year 2016 = 2017 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 2016-2017 shall be the sum of $80 for all parcels regardless oI 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. 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 May 4, 2016 by the following roll call vote: AYES: Directors: NOES: None ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Joseph Aguera, President ATTEST: Michael D. Holley, District Clerk Resolution No. 2016 = 12 Fixing and Placing Electric and WE Standby Charges on County %J Nevada Tax Roll for Collection 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 May 4, 2016, the Board adopted Resolution No. 2016-10 and 2016-11 continuing and fixing electric and water standby charges pursuant to Ordinances 7501, 9103 and 9105 for the fiscal year 2016-2017; 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, 2016, a copy will be forwarded to the Auditor Controller of the County. 1 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). 3. That a cered 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 May 4, 2016 by the following roll call vote: AYES: NOES: ABSENT: Directors: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT Joseph Aguera, President ATTEST: Michael D. Holley, District Clerk E Resolution No. AMU 16-13 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. 2016.10 and 2016-11 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 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 on the property tax toll of any taxes, assessments, fees and/or charges on behalf of District. 4. In consideration for the County's collection of the charge through the County's property tax roll, 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 and/or charges requested to be collected by County for District, or in any manner 1 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 the County for the reasonable and ordinary charges to recoup its costs of placement and collection on the tax rolls at the agreed upon rate of 1 % of the taxes, assessments, fees and/or 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 May 4, 2016 by the following roll ,all vote: AYES: Directors: NOES: None ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Joseph Aguera, President ATTEST: Michael D. Holley, District Clerk 2