HomeMy WebLinkAboutr2017-07 Standby Resolution,PlacerCounty
Resolution No. 2017-07
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. 2017-04 and 2017-05 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
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charges requested to be collected by County for District, or in any manner
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 3, 2017 by the following roll
call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By____________________________________
Jeff Bender, President
ATTEST:
_____________________________________
Michael D. Holley, District Clerk
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