HomeMy WebLinkAbout10 Revise District CodeAgenda Item # 10
ACTION
To:
Board of Directors
From:
Kathleen Neus
Date:
August 03, 2011
Subject: Consideration of a Resolution Revising District Code - Title 5,
Chapter 5.53 Annexation
1. WHY THIS MATTER IS BEFORE THE BOARD
The District Code should periodically be reviewed and updated to conform to District
Board policies, new applicable laws, regulations and District procedures.
2. HISTORY
The District had received a proposed Sphere of Influence (SOI) from Nevada County
LAFCo in May of this year. As staff was reviewing the proposed SOI numerous
discrepancies were discovered. This discovery included identifying parcels served by
the District but never annexed into the District's service territory, areas believed to be
within the District's jurisdictional boundaries with LAFCo records showing as un-
annexed parcels and lastly parcels with voting rights that shouldn't and some parcels
with no voting rights but should. These items were discussed at both the June 1 st and
July 6th Board meetings.
District Code contains a section on annexation for water service but not for electric
service. Prior to July of this year, the District has not had a request for annexation to
provide electric service.
At the July 6, 2011 Board meeting, the Board expressed an interest in formulating a
thorough annexation policy. Changes to the District's Development Agreement
Guidelines reflecting the new annexation requirements will also be required.
3. NEW INFORMATION
Changes to District Code include the following:
1) Adding Electric and/or throughout out the section
2) Adding paragraphs:
5.53.010.2. No service shall be provided without prior annexation approval from
LAFCo.
5.53.010.3. Exception:
a) Single family home;
i) Not part of a larger sub -division;
ii) May be served with an Out of Area Service Agreement granted by the
appropriate LAFCo;
iii) All associated costs will be borne by the property owner/developer;
iv) Must be contiguous with the District's service territory or existing
infrastructure.
3) Various grammatical and numbering changes
4) Deleting old paragraph 5.53.010.4.
Included in this packet are the following items:
1) Resolution "Adopting Amendments to the District Code Title 5, Section 5.53.010
Annexation".
2) Updated policy with red line strike -out changes.
3) Updated policy.
4. FISCAL IMPACT
There is no direct fiscal impact associated with this action to the District.
5. RECOMMENDATION
Approve the resolution "Adopting Amendments to the District Code Title 5, Section
5.53.010 Annexation"
Michael D. Holley
General Manager
Resolution No. 2011 - XX
ADOPTING AMENDMENTS TO THE DISTRICT CODE
TITLE 5, CUSTOMER RELATIONS
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to
amend the District Code Title 5, Customer Relations; and
WHEREAS, the District Code provides rules and regulations intended to convey a
comprehensive description of the manner in which the District operates; and
WHEREAS, periodically, the District Code should be reviewed and updated to conform to
District Board directives, new applicable laws and regulations and improvements; and
WHEREAS, the revised version of Title 5, Chapter 5.53 Annexation of Property to the District
will bring the chapter up-to-date and will replace all preceding ordinances, resolutions, minute
orders and Board directives in Title 5 Chapter 5.53; and
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Board of Directors does hereby
adopt the amended District Code, Title 5, Chapter 5.53 Annexation of Property to the District,
Exhibit " A".
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility
District in a meeting duly called and held within said District on the 3rd day of August, 2011 by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Jeff Bender, President
ATTEST:
Michael D. Holley, P.E. Clerk of the Board
ANNEXATION OF PROPERTY TO THE DISTRICT
Sections:
Formatted: Top: 0.44", Bottom: 0.38"
5.53.010 Electric and/or Water Service Formatted: Indent: Left: 0", Tab stops:
Left
5.53.010 €1eGUis-and.Electric and/ors-Water Service Formatted: Underline, Font color: Auto
Formatted: Thick underline
5.53.010.1. It is the intent of the District to serve water to all properties within its territory Formatted: underline
and within its approved Sphere of Influence.
5.53.010.2. No service shall be provided without grior annexation approval from the -- Formatted: Font: Bold
appropriate LAFCo.
5.53.010.3. Exception:
a) Single family home:
i) Not part of a larger sub -division:
ii) May be served with an Out of Area Service Agreement granted by the
appropriate LAFCo;
iii) All associated costs will be borne by the property owner/developer:
iv) Must be contiguous with the District's service territory or infrastructure.
5.53.010.4.5.53.010. . An applicant for electric and/or water service whose property is
not located in the District's official territory will be served by the District only under the
following conditions:
a) The property must be located within the District's approved Sphere of
Influence;
b) The property owner/developer Friust shall agree to being annexed into the
District's territory and pay all costs to process the application through the
appropriate Local Agency Formation Commission (LAFCo);
cLThe District must evaluate and find that there is sufficient capacity within
the electric and/or water system -systems to provide service;
G4 The annexation shall be part of the development agreement: �•. -
d) If the District finds that there is not sufficient capacity in the existing wateP�
systems to provide service, the applicant must agree to construct or pay
for construction of the necessary facilities as determined by the District to
provide service;
e) The property owner Est shall follow all rules, procedures and policies of
the District in construction of any water -facilities to establish electric and/or
water service.
Formatted: Indent: Hanging: 0.31"
Formatted: Indent: Left: 0.75", Hanging:
0.13"
Formatted: Font: (Default) Arial
Formatted: List Paragraph, Indent: Left: 1",
No bullets or numbering, Tab stops: 0.75", Left
+ 0.81", Left + 1.19", Left + 1.25", Left
Formatted: Tab stops: 1.06", Left
Formatted: Indent: Left: 0.75", Hanging:
5.63.010.5. 5�3:0�3-Any application for annexation initiated under the terms of this 0.2s"
policy shall be approved by the Board of Directors. District staff shall provide a report to
the Board containing the following:
a) Identification of the parcel or parcels to be annexed;
b) Stating whether said parcel or parcels are within the District's Sphere of
Influence;
c) Stating whether sufficient capacity exists in the District system to provide
service, or demonstrating that the applicant has agreed to pay for
construction of the necessary facilities;
d)--An executed agreement committing the applicant to pay the costs of
processing the application through LAFCo.
--- . . Formatted: Justified, Numbered + Level: 1 +
6.63.010.4. PIC9peFfies that We outside the D*StFeGt'S teKitel;y will be se Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Indent
at: 1"
d) Formatted: Justified, Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Indent
at: 1"
Exhibit "A"
ANNEXATION OF PROPERTY TO THE DISTRICT
Sections:
5.53.010 Electric and/or Water Service
5.53.010 Electric and/or Water Service
5.53.010.1. It is the intent of the District to serve water to all properties within its territory
and within its approved Sphere of Influence.
5.53.010.2. No service shall be provided without prior annexation approval from the
appropriate LAFCo.
5.53.010.3. Exception:
a) Single family home;
i) Not part of a larger sub -division;
ii) May be served with an Out of Area Service Agreement granted by the
appropriate LAFCo;
iii) All associated costs will be borne by the property owner/developer;
iv) Must be contiguous with the District's service territory or infrastructure.
5.53.010.4.. An applicant for electric and/or water service whose property is not located
in the District's official territory will be served by the District only under the following
conditions:
a) The property must be located within the District's approved Sphere of
Influence;
b) The property owner/developer shall agree to being annexed into the
District's territory and pay all costs to process the application through the
appropriate Local Agency Formation Commission (LAFCo);
c) The District must evaluate and find that there is sufficient capacity within
the electric and/or water systems to provide service;
The annexation shall be part of the development agreement:
d) If the District finds that there is not sufficient capacity in the existing
systems to provide service, the applicant must agree to construct or pay
for construction of the necessary facilities as determined by the District to
provide service;
e) The property owner shall follow all rules, procedures and policies of the
District in construction of any facilities to establish electric and/or water
service.
5.53.010.5. Any application for annexation initiated under the terms of this policy shall
be approved by the Board of Directors. District staff shall provide a report to the Board
containing the following:
a) Identification of the parcel or parcels to be annexed;
b) Stating whether said parcel or parcels are within the District's Sphere of
Influence;
c) Stating whether sufficient capacity exists in the District system to provide
service, or demonstrating that the applicant has agreed to pay for
construction of the necessary facilities;
d) An executed agreement committing the applicant to pay the costs of
processing the application through LAFCo.