HomeMy WebLinkAboutLegal ProcedingLEGAL OPINION t//*/tf
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DATE: Juno 11 1981
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TO: Board of Directors, Truckee Donner Public Utility District
FROM: JAMES ERNEST SIMON, District Counsel ' "'''''
RE: REIMBURSEMENT TOR EXPENSES RELATED TO LITIGATION
QUESTION PRESENTED:
May Directors be reimbursed loss of income due to appearance at
legal proceedings (depositions, court hearings, trials).
CONCLUSION:
There is no express authority providing for reimbursement of lost
income. An Increase in compensation may help defray any such expenses.
DISCUSSION:
Traditionally, members of the Board have been reimbursed their
expenses including mileage and lodging costs, when attending seminars, or
otherwise on official District business. Such reimbursement is certainly
within the general powers of the Board of Directors.
Section 16002 of the California Public Utility District Act
provides as follows:
Each member of the board shall receive
compensation as the board by ordinance provides, not
exceeding Three Thousand Six Hundred Dollars ($3,600) a
year.
We understand that the Board is currently paid $1200 per year.
In view of the length of the regular meetings, the sophistication of the
issues which have come before the Board routinely, and the number of
Special meetings MCMMry in order to accomplish District business, the
current amount of CCMpenMtlon seems low.
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It is our opinion that the Board should consider raising their
compensation which might help defray any loss of income resulting from
required court appearances.
We are aware of no immediate obligations on the part of any
Director to attend a deposition or other proceeding, however, in view of
the variety of legal matters in winch the District is currently involved,
the likelihood of such an event seems inevitable.
It is our opinion that it is the intent of the Public Utility
District Act, that directors may not be specifically reimbursed for loss
of income, resulting from their appearance at legal proceedings. The
problems in adjusting such compensation depending upon the income earned
by various directors would present difficult problems.
By analogizing to the law concerning state agencies, boards, and
commissions (Government Code Section 11009), we have determined that
expenses which may be reimbursed are normally limited to actual traveling
expenses, including room rent, mileage, and meals.
JOHN W. KING ENGINEERS & ARCHITECTS
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NORTH TAHOE PROPERTIES. INC.
JACK DUTTWEILER
BOX 57 • TRUCKEE. CALIFORNIA 95734 • PHONE (916) 507-3300
OFFICE—-3 MILES EAST OF TRUCKEE [TOWARD RENO]
l-QQ AT PROSSER VILLAGE EXIT [NEXT TO THE BIB BILLBOARD)
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Truckee-Donner P.U.D.
6-11-81
| has transpired over the past 3 years|
ng with a will-serve letter in 1978,
So that the board may fully understand wha
we offer the enclosed documentation beginn
followed by subsequent letters,invoices,eti. High Sierra Tree Co. was hired at
the recommendation of P.U.D. for having performed past work satisfactorily. We
had assumed all these yeats that the board was aware of its past policies 4
actions taken to implement them. In 1979 there were two hookups to water and one
to power that were made in compliance with
nerve letter. By the end of 1979 NTP.Inc.
Paras. 2 * 3 of the June 8,1978 will-
iold all property fronting on St.Bernai
& Brookstone & the balance of the ^0 ac. on Brookstone extension. All buyers wer
briefed on contents of the will-serve lett*
Jjuirements outlined for any hookups. Some owners are planning on individual well
c. Also, all owners are aware of counl
General Plan showing the area to be
ng or ix ordinances by the County or
due to distance from water at the cul-de-s;
zoning, which is f> ac.-PD but with the new
10-30 acres. None of the present existing parcels can be split & still comply
with county zoning.
I NTP.Inc. does not guarantee any future zon:
iny other governmental agencies.
r & were told they mutt adhere to re-
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COUNTY OF NEVADA
PLANNING DEPARTMENT
10433 Willow Valley Road
Nevada City, California 95959
(916) 265-2461 ext. 260
June 11, 1981
it. Jack Duitwt'i ler
Hi
uck€ CA 9b/i-'i
RE General Land Use Information
Dear Mr. Duttweilor:
Pursuant to your request, all that property located in the Northeast quarter
jt Section 4, Township 17 North, Range It it, M.D.B&M. if irrentlv
within a RA-5-PD Residential/Agricultural Zoning District with a minimum
parcel size of five acres, Planned Development. The general plan land
r satd property is "RR" Rural, allowing a minimum parcel deals gnat ion to
size ranging from 10 to 10 acre, inasmuch as the minimum parcel sizi
general plan docs take precendence.
the
Should you have any questions regarding the above, please feel free to
coal act this ot f tee.
Very t ru iv yours,
i'hi is A. I'arllo
Acting Planning Director
Hv
Karry Preepiorski
Planning, Techiucimi II
TAl':Kl':jr
1 HIICKBB, CAL IFOI1NIA !>3714
TELHPHONK 3!!7-S09« P
June 8, 1978
Mr. Jack Dutt* lc
North Tahoe Property Inc.
PO Box 57
Truckee, Z; 9b73-'t
S u b i c c t NW,'. if N[| '<, T i /N, RI6E. H.O.B. I M
Dear Mr. Dut twel1 or :
In response to your request, the Truckee-Donner Public Utility District
will serve the parcel located at the end of both St. Bernard and Brooks tone
Drive, adjacent to the Tahoe [tanner Subdivision, subject to the following
cond i t ions:
1. The applicant for Service to the above-referenced property pay for
;t an undetermined length from the nearest an electric line extension of as
P. U.D. facility to the properly boundary provided such line extension can be
• t rue ted al -in) ex is 11 ng u tilit y caserne or righls-o jf-way
The applicant for service must pay all appropriate connection, tap-
ping, and facility fees as they apply to water
above properly.
d elect r i c serv i ce to the
3. At the t: e of appli ca t i on, the appliC nt must comply with all exist-
ing and subsequent District rules ami regulations.
For your information, water service is already existing at St. Bernard
Drive and Urookstone Drive.
Water connection tapping and facility fees ,-\ve. shown in the attached copy
if District Ordinance 7701. l.lectrical connection fees are 5350 f or a single
1 y reside am 11y re which provides a maximum o f 200 feet of overhead service wire
from the P.U.D. service pole to the dwelling or 100 feet of underground service
wire from the utility pole to the dwelling. Excess service wire Is charged at
actual cost.
Tl
letter.
IIS commitment to serve expi
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\f£ 5 W*4*\*~
A t\
res eighteen months from the date of this
<»y,
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AUSEtJT
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A. Mil ton Seymour
General Manager
TRUCKEE-DONNER PUBLIC UTILITY
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT / \ POST OFFICK DOX 309
TRUCKEE, CALIFORNIA 95734
TELEPHONE 587-3896
May 20, 19U] ,.
1 Mr. Jack Duttweillor ■ P.O. BOX 57 1 Truckec, CA D5734 1 SUBJECT: Completion of Powerline w East of Brookstone Drive, Tahoe-Donner
Dear Jack:
This letter i:; being sent in response to your recent request for
instruction:; relative to the correct steps which you must take in
order power to your proper!:' aptioned above
The proper way t< finalize your powerline extension would be to hire
lice
d Tn
ied contractor( experienced in a 11 pha of pole-line construc-
i'he line should then be completed in compliance with G.0.95
.:kee-D inner Public Utility District line standards.
u the line construction is completed, and after a satisfactory
will recommend to the •tion has beei
■t that the 1 i
do b: he District: , I
plod ami tied District system.
11 you cannot find a qualified contractor, and that is doubtful due to
th
[ioari
small amount
have tl niny con
inn:, I suggest that you petition the
struct ion completed by the District crew.
This would no', possible si nee the remaining costs a re less than the
limit tl4.000.001 imposed by the utilities
relating to expenditures not requiring bids
and regulation!
Should you h
Uesitatu to
uestions relative to this matter, please do not
. HI :erelj
JK
Robert ]■:. Mattery
General foreman
R£S/db
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
POST OFFICE UOX 309
TRUCKEE, CALIFORNIA 9S73A
TELEPHONIi 587-3096
V
rebruary 21, lyuo
Jack Duttwoiler
Post Office Box 57
Iruckee, California 5573-1
Dear Mr. Duttweiler:
Enclosed is our invoice, which coven ils and
date for your 14 pole primary 1
in Truekee.
inspection fees to
me extension at the end of BrooHstone Road
1 anticipate there will b e an additional inspection fee when the lit
tension is finally completed. Purti
grant of the line to Die Trucki
unn.'iiL will be' ri
you will, hi- required to execute a
.inner Public Utility District. This doc-
d wi th tin.- H evn!,i count'
ut is i-ri lu'dule the accepl ance ol the grant
iard . ! u.i I
11 you h.ivi quest i.
A. Milton Seymour
snera] Man.
.•en E. G miner , Es
Directors
STATEMENT
TRUCKEE • DONNER PUBLIC UTILITY DISTRICT
POST OFFICE BOX 309
TRUCKEE. CALIFORNIA 957)4
TELEPHONE 587- 3096
J»
N2 415
Jack Duttweiler
P.O. Box 57
Truckee.^a. 95734
Jan. 30, 1980
1-13 A
1661A
Sale of materials for 14 pole primary line extension located at
the end of Brookstone, Truckee:
Materials
Inspection Fees
$ 4,149.26
35.00
Total Charges to Date $ 4,184.26
Received on Acct. (1,560.00)
Balance Duo 2,624.26
Please disregard invoice 372 as it was incomplete. These are only the
charges to date and we do anticipate further inspection fees upon com-
pletion of the line.
All Invoices ore duo nncl pnynblo within 30 dnys of Iho billing dale
«»...'.Muni;H!..,rt ,..:««>«,-.;;*«*£
STATEMENT
TRUCKEE - DONNER PUBLIC UTILITY DISTRICT
POST OFFICE BOX 309
TRUCKEE. CALIFORNIA 957J4
TELEPHONE 567- J096 N<
V
415
i0
Jack Duttweiler
P.O. Box 57
Truckee, Ca. 95731
Jan. 30, 1980
143A
1661A
Sale of materials for 14 pole primary line extension located at
the end of Brookstone, Truckee:
Materials
Inspection Fees
S 4,119.26
35.00
Total Charges to Date $ 4,104.26
Received on Acct. (1,560.00)
Balance Due $ 2,624.26
Please disregard invoice 372 as it was incomplete. These are only the
charges to date and we do anticipate further inspection fees upon com-
pletion of the 1ine.
Ail Invoices nrc clue nnil paynblo within 30 dtiyi ul Ihc billing dale.
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HIGH SIERRA TREE SERVICE
Post Office Bex 1093
Trucltee, California 9573-1
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LAW Ol I ICES vM
STURGIS.NESS.BRUNSEI L S SPERRY
A PROFG33tOMAl IORIVK.V. I IN
SUITE USD .WATERGATE rOWER
EMERYVltLE.CAUFORNIA B4608
TELEPHONE 1416) eS3-7BMn r-r TO'.
June 11, 198L
MA.ll.ING ADDRESS;
I.MtR,TVU_LK,CA 9.1661!
Mr.' 'D:. Eugene^Holt1, I General Manager
Truckee Donner Public Utility District V. '• - ■■'' *
P.'b. Uox 309 ,. . c ' • • ' _
Truckee, California 95734 ' „.
Re: Loan Closing with Farmers Home Administration
Dear Gene:
1 was delighted to hear that construction is underway on the 79-1 water
project. The purpose of this letter is to summarize the steps to
initiate the drawdown of funds from Farmers Home Administration.
] would recommend that either you or Dan Cook contact Mike Carnes in
Sacramento and become familiar with the forms which they are going to
want in connection with the first drawdown on the total authorized
amount of $321,500. Those forms are enumerated in paragraph 11(B)(2) of
the August 13, 1980, Letter of Conditions. I think it is especially
important regarding the first set of documents to be in close coordina-
tion with Mike.
Please provide us notification approximately thirty days in advance of
when you need funds for contractor progress payments and related program
expenses. Please send us a copy of each of the forms submitted, with
particular reference to the following two forms:
1. Outlay Report and Request for Reimbursement for Construction
Program (Standard Form 271)
2. Estimate of Funds Needed (FmHA Form 440-11)
We have prepared and hereby enclose a copy of our statement for our legal
fees and out-of-pocket expenses, computed in conformity with our legal
services agreement. Please include this amount in the first Form 440-11,
on the line item for "Legal Service".
Upon receipt of our copies of the required forms, we will proceed as
follows:
.3*
Mr. D. Eugene Holt
June 11, 1981
Page 2
1. We will contact Mike Carnes to establish a bond delivery date and
location (presumably the Sacramento FmHA office).
2. We will then prepare and forward to Russell Mays, Legal Counsel for
FmHA, our proposed closing documents and request him to prepare his
closing instructions for FmHA.
3. We will prepare and forward to you our letter of instructions for
execution of closing documents to serve as a coordinating tool at
the closing.
4. We will be present at the closing to coordinate the exchange of
documents, the bond, and the check.
5. You are to be aware that the check you receive from FmHA will have
a special endorsement which precludes your expending the funds until
Mr. Mays confirms to his client that the closing has been properly
completed. This customarily takes between five and seven working
days.
Please let me know if you need any further guidance. In the meantime,
I will anticipate receipt of copies of the forms enumerated above.
Very truly yours,
S'l^RGIS, NESS, BRUNSELL o, SPERRY
rofessional corporation
SAS:mm
Enclosure
CCJ Mr. Russell Mays
Mr. Mike Carnes
Mr. Dan Cook
Mr. Victor Subbotin
Samuel A. Spcrry