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HomeMy WebLinkAboutRes 8139p RESOLUTION NO. 8139 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT REGARDING ACCEPTANCE OF WATER DISTRIBUTION SYSTEM RELATING TO WEST RIVER STREET LINE EXTENSION (TOOMEY PORTION) FOR OPERATION, MAINTENANCE AND REPAIR WHEREAS, Donald E. Toomey, and the Truckee Donner Public Utility District entered into an Implementation Agreement dated December 10, 1979, calling for the construction of a water distribution system in the vicinity of West River Street, referred to as the "West River Street Line Extension"; and WHEREAS, the plans, specifications and contract documents for the construction of the water distribution system have been reviewed and approved by the Board of Directors; and WHEREAS, the construction and installation of the water distribution system has been completed by said developers' prime construction contractor; Northbilt, Inc., of Tahoe City; and WHEREAS, the District Consulting Engineer has provided inspection of the water distribution system construction in progress by the contractor, and has further provided written recommendation that the system be accepted by the Truckee Donner Public Utility District for ownership, operation, and maintenance, pursuant to paragraph 5 of the Implementation Agreement; and WHEREAS, the Truckee Donner Public determined that operation of the complete loo system, of which the West River Street Line Ex is a part, is in the public interest for various not limited to, improvement of fire protect consistent water pressure and more reliable wate the best interests of the public will be served River Street Line Extension (Toomey Portion) w distribution system currently owned and operated Utility District has ped water distribution tension (Toomey Portion) reasons, including but ion capabilities, more r flow, and further that by integrating the West ith the existing water by the District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The "West River Street Line Extension" (Toomey Portion), consisting of approximately 1,650 linear feet of twelve inch diameter water main, constructed and installed in accordance with plans and specifications approved by the Board of Directors on September 28, 1979, is hereby accepted by the Truckee Donner Public Utility District for operation, maintenance, repair and replacement, even though the Board of Directors has not ascertained that Donald E. Toomey presentjy has, and is able to transfer, lawful title to said water distribution system free of all liens, encumbrances, and defects. 9 2. District Counsel is directed to present to Mr. Toomey the legal documents necessary to formally obtain lawful title to said water distribution system and to further advise the Board of its legal position in the event Mr. Toomey fails or refuses to properly execute such documents. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District, at a meeting held within the said District on the 4th day of May, 1981, by the following roll call vote: AYES: Duffy, Maass, Huber NOES: Kuttel ABSTAIN: Corbett TRUCKEE DONNER PUBLIC UTILITY DISTRICT By j/CnkZ^ C, 'ku^t^. . Roberta Huber, President of the Board of Directors ATTEST: W=i: Susan Craig Clerk Thereof