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HomeMy WebLinkAboutRes 8154}" i RESOLUTION NO. 81 .fV OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING EXECUTION OF AGREEMENT RE TRANSFER OF COUNTY SERVICE AREA NO. 19 WHEREAS, on August 23, 1977, the Placer County Board of Supervisors adopted Resolution No. 77-474 which requested that the Truckee Donner Public Utility District make application to the Local Agency Formation Commission and, upon approval, initiate proceedings to annex the territory of County Service Area No. 19, to the Public Utility District; and WHEREAS, annexation proceedings have been completed, with the assistance of the Placer County Department of Public Works; and WHEREAS, Placer County is now desirous of transferring to the District, certain facilities and amenities relating to water service within CSA-19, including pumps, valves, and water pipes, located in the vicinity of Ponderosa Palisades South, Placer County, California; and WHEREAS, the Board of Directors has determined that it is in the best interests of the District to acquire said facilities and amenities, and to thereafter assume responsibility for providing water service to users within the boundaries of CSA-19; and WHEREAS, an Agreement between Truckee Donner Public Utility District and County of Placer on behalf of County Service Area No. 19 re Transfer of Service Area, has been drafted by District Counsel and submitted to the Board for approval and execution, NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the President of the Board of Directors be authorized and directed to execute said Agreement on behalf of the District. Passed and adopted by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on the ,, ■ / day of _¥, . , 1981, by the following roll call vote: AYES: -' it . *. t -»■ m* NOES: ABSENT: ,/, ,V»- ATTEST: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By (B&^u c, q&jLg Roberta C. Huber, President Susan M. Craig, Deputy Dv#trict Clerk & AGREEMENT BETWEEN TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND COUNTY OF PIACER ON R-EHAIF OF COUNTY SERVICE AREA NUMBER 19 RE TRANSFER OF SERVICE AREA This Agreement is made between the Truckee Donner Public Utility District, a local public agency of the State of California, hereinafter referred to as "the District", Placer County, a governmental entity, hereinafter referred to as "County", on behalf of County Service Area No. 19, hereinafter referred to as "CSfc-191*, with reference to the following facts: FACTS. 1. County his constructed certain facilities and amenities ii'lai Ing to water service including pumps, valves, and water pipes, located In the vicinity of Ponderosa Palisades South, Placer County, 0,i 1 i 1 orn la. ?. The District is desirous of acquiring the facilities and amenities of CSA-19 ami is willing and able to assume full responsibility for providing water service to users within CSA-19. *. Pursuant to its resolution of intention to eliminate an authorized service from County Service Area No. 19, Resolution No. , County wishes to transfer its service, including the facilities and amenities of CSA-19 to the District. -1- 1- AGREEMENT !n conaidsrat Lon of the mutual promises, conditions, and covenants, made heroin, ilio parties agree as follows: 4. County, on I ehalf of CSfc-19 hereby assigns all of its right, i it i<- and Interest in and to the water service facilities and amenities ni CSA-I'), and any exist Lng manufacturers warranties and guarantees rd.it inn to such equipment, to the District, which facilities and Btnenit i>';; are described in the Inventory, marked Exhibit A, attached hereto ,md Incorporated herein. 5. The District hereby accepts the transfer referred to above, and concurrently with its execution of this Agreement, adopts its Resoiut ton 81 i-', acknowledging such acceptance and agreeing to the transfer made by this Agreement . 6. County, on behalf of CSA-l"?, hereby assigns to the District, .ill cash reserves received by it now on deposit with County, derived from CSA-IL>, which sums are in the approximate amount of $22,725.00. County agrees to pay to the District within 60 days from the date of this Agreement, the entire amount of said funds which shall be made available for use by the District for the continuing maintenance, repair and operation of the water system facilities and amenities referred to above, including connection of such facilities and amenities to the District's existing integrated Water Distribution System. 7. The District agrees to operate and maintain the existing -2- water system facilities and amenities included in CSA-19, which are transferred to it by this Agreement, in accordance with its Rules and Regulations, applicable Resolutions and Ordinances, and rates and charges as such may exist now, or in the future. 8. The assignment and transfer Of CSA-19 facilities and amenities shall be effective on -'l'i ^ "7 , 1981. 9. In the event either party institutes an action to interpret or enforce the terms of this Agreement, the prevailing party shall be out it ted to a reasonable award of attorneys' fees and costs in the court's discretion. Dated: TRIJCKEK DONNER PUBLIC UTILITY DISTRICT ATTEST: "y Jl tit ■■ C !kii i'i ibei i i Huber, President Susan M. Craig, Deputy District Clerk Dated: iMIINTY "i IMM'KM, m I..-Ii.11 f o( CSA-19 Hy -J- 5 Jl INVENTORY - COUNTY SERVICE AREA .Vl9 (Water System) 536 lineal feet of 8" ACP water line 5703 lineal feet of 6" ACP water line 8 fire hydrants, dresser model 300 dry barrel II - 6" main line gate valves I - 8" pain I ine gate valve 6 - 2" blow offs at deadend main lines 93 ■ 3/'*", in house services, run to 1' inside property line Inhibit A