HomeMy WebLinkAbout20 Title 8 Property Agenda Item # 20
F Public Utility District
WORKSHOP
To: Board of Directors
From: Kathleen Neus
Date: March 18, 2009
Subject: Discussion of Revisions to District Code, Title 8 Property
1. WHY THIS MATTER IS BEFORE THE BOARD
The District Code should be reviewed periodically and updated to conform to District
Board Policies, any new applicable laws, regulations and District procedures. Only the
Board can make changes to the,District's Code.
2. HISTORY
Title 8 has not been reviewed in its entirety in many years. Portions of Title 8 have
been reviewed, updated and approved by the Board; those changes include Chapter
8.20, Disposal of District Property was revised in August of 2008. Additionally
Chapter 8.30 Encroachment Policy was added to Title 8, District Property in October
of 2008. A large portion of Title 8 still needs to be reviewed.
3. NEW INFORMATION
There are many proposed changes/revisions to the code including format changes,
clarification of wording and changes to the policy and procedures. Some of the
changes include:
Lease of District Land - new language, insurance requirements and format
changes;
Placement of Wireless Communications - new language, new requirements,
insurance requirements and formatting;
Use of Paved District Easements - new language, requirements and formatting
changes;
Recordable Documents - new language and formatting;
• Retention of Real Property Documents - new section;
• District Complex - new language and formatting;
• Abandonment or Relocation of unused Easements - additional requirements;
a
Grants of Easements of District Property - new section;
disposal of Real Property - new language and formatting;
Approval of Sales of Real Property - new section;
Exchange of Surplus Property - new section; and
Encroachment Policy - formatting.
Attached are the following documents:
1) Redline version of the proposed changes to the policy.
2) Revised version of the policy without the redline changes.
4. FISCAL IMPACT
There is no direct fiscal impact associated with this workshop.
5. RECOMMENDATION
Review the proposed policy changes and provide comment.
Michael D. Holley
General Manager
TITLE 8-to be revised
DISTRICT PROPERTY
CHAPTERS
8.01 Real Property
8.04 Easements
8.06 Recordable Documents
8.08 Improvements
8.12 District Complex
8.16 Damage to District Property
8.20 Disposal of District Property
8.24 Records, Files and Documents
8.30 Encroachment Policy
CHAPTER 8.01
REAL PROPERTY
Sections:
8.01.010 Lease of District Land
8.01.015 Placement of Wireless Communications Facilities
8.01.020 Relocation and Real Property Acquisition Guidelines
8.01.010 Lease of District Land -The Board of Directors of the Truckee Donner Public Utility
District shall observe the following steps as part of its determination to lease District owned land:
1_ Determine that a potential lessee exists for the parcel in question,: --- Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
2_80101n2 it shall °Evaluate the parcel and obtain the opinions of both the Generals_ Alignment:Left+Aligned at: 0.25"+Indent
P P at: 0.5"
Manager and District Engineer-s regarding the size of the parcel and the desirability to obtain
long-term revenues from the lease thereof- Formatted:Numbered+Level:1+
g �� Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
3. The use does not interfere with District operations and maintenance; at: 0.5"
4. The use does not preclude future use or sale of the property;
5. The use does not impose unacceptable levels of liability;
6. The revenues received from the lease are at fair market value
7 The lessee is not a District employee,Board member or family member of a Board member
or a District employee ("Family member" is defined to include spouse domestic partner,
child parent sibling and stepchild stepbrother,stepsister,stepmother and stepfather.)An
exception to this exclusion is if the lease is awarded on the basis of a competitive auction,
bid or proposal process;
Formatted:Font:(Default)Anal,11 pt
Revisions to Board
Title 8 Page 1
8_ AaObtain an-independent appraisal from a qualified AA-A1-:f ----- Formatted:Numbered+Level:1+
appraiser relating to the value of the parcel or any part thereof and to its best possible use. Numbering Style:1,2,3,...+Start at:I+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
9.8 0.048 4-The Board shall comply with the terms of Public Utilities Code Section 16431 et- -- Formatted:Indent:Left: 0.25",Hanging:
seq.and Government Code Section 54221 et seq.and make the findings required pursuant
to said sections.. In the eve.nt that any doubt exists,the TFUGkee Donner ReGreatiOR and
Pal:k DistFist shall be GORtaGted tG FeRdeF.tS GP;R'E)R. After a finding is made,the 13gaFd sh
10.
. - - Formatted:Numbered+Level:1+
lis paeetiagThe General Manager will schedule a public hearing at a District Board Numbering Style:1,2,3,...+Start at:10+
meeting in order to give the public an opportunity Alignment:Left+Aligned at: 0.25
to provide input; "+Indent
at: 0.5"
8.01.010.6 Due net'Ge shall be given by adveintising at least feuF times OR the IGGal newspaper,a
8.01.010.17-The Board shall advertise twice in the local newspaper its minimum requirements and
shall award the lease only by competitive bidding. All bidders must submit a certificate of deposit, Formatted:Numbered+Level:1+
certified check,or bid bond in a sum equal to$1,000. Said deposit,check,or bond shall be forfeited Numbering Style:1,2,3,...+Start at:1+
in the event that they are awarded the lease and fail to accept the same within a reasonable period Alignment:Left+Aligned at: 0.25"+Indent
of time. at: 0.5"
Formatted:Numbered+Level:1+
8.01.010.29 The Board shall award the lease in as erdirtaace resolution and said lease s"'" Numbering Style:1,2,3,...+Start at:I+
6eR�itleFled H�9nlnclude the following steps: Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
1. General Manager or his designee may execute the lease; 1 Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
2_8.01.010.8(A) ARequire a-minimum monthly rent of 1%of the fair market value and no- at: 0.5"
more than XXX dollars in total revenue per year.* Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
3- ) Reouire a cGost of living increases every five-years;: . ' Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
4_ Term of lease to be XXX years with an option(s)to renew 39�reafs4not to-'
Formatted:Numbered+Level:1+
�- Numbering Style:1,2,3,...+Start at:1+
exceed 255 years total;} Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
5_ District shall retain control over the use of the parcel and the design of'" Formatted:Numbered+Level:1+
the structures to be constructed thereon--- Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
6_8.01.010.8(E) TT Leessee shall reimburse the District for all costs expended in connection at: 0.5"
with the lease of the parcel including legal, engineering, appraisal, advertising and Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
supervisory costs;.. Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
7_ District shall provide, and the lessee shall pay for, a title policy- Formatted:Numbered+Level:1+
evidencing District ownership of the parcel;.: Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
8_ Leessee shall be responsible for the taxes to be levied upon the parcel,--' at: 0.5"
Formatted:Numbered+Level:1+
Lessee shall indemnify the District so that the District shall not be liable for, Numbering Style:A 2,3,...+Start at:1+
9_��}- y Alignment:Left+ ligned at: 0.25"+Indent
any damage or liability of any kind or for any injury to or death of persons or damage to at: 0.5"
property of Lessee or any other person during the term of the lease, from any cause Formatted:Font:(Default)Arial,11 Pt
.Revisions to Board
Title 8 Page 2
whatsoever,by reason of the use,occupancy and enjoyment of the parcel by the lessee or
any person thereon or holding under said lessee,and that lessee will indemnify and save
harmless the District from all liability whatsoever, on account of any such real or claimed
damage or injury and from all liens,claims and demands arising out of the use of the parcel
and its facilities,or any repairs or alterations which the lessee may make upon the parcel.
Lessee will Garry and FRaintaiR,at its 6Gle G96t and expense,bedily iNuFy liabilit, i
against aRY and all liability of the insuFed with respeGt to said PFeFRi6e6 OF aFi6!Rg GUt Of t4e
M.ad-ntp-A. aRGe,Use OF OGGUpaRGY thereof,and PFE)peFty damage liability ORGUFaRGe with a liFnit
above. As ev'deRGe Of the fGFegO*Rg'R6UFaRGe,lessee Shall Provide Distrirat with a%Ftftate
t ----- Formatted:Indent:Left: 0.5
10 Lessee shall furnish satisfactory proof,by certificate presented to the District within fifteen------- Formatted:Numbered+Level:1+
days of the date of the grant of lease that he/she/it has comprehensive general liability, Numbering Style:1,2,3,...+Start at:1+
Public liability and property damage insurance The insurance shall name the District as an Alignment:Left+Aligned at: 0.25"+Indent
additional insured be the primary insurance and protect both the lessee and the District its at: 0.5"
officers and/or agents against loss from all liabilities imposed by law, and shall be
maintained in full force and effect during the term of the grant of easement and in the
following amounts:
a Limit of liability for comprehensive general liability-$1,000000 aggregate liabilityfor
loss per accident.
b Limit of liability for personal iniury or accidental death-one person, $1,000,0000
aggregate liability per accident, $1,000,000.
C. Limit of liability for property damage - $1,000,000 aggregate liability for loss per*----- Formatted:Indent:Left: 0.5 Hanging: 0.5
accident. I Widow/Orphan control
11. The Board shall make any findings made necessary by the California~----- Formatted:Numbered+Level:1+
Environmental Quality Act. Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25'+Indent
at: 0.5'
(Res.7810)
Formatted:Font:(Default)Arial,11 pt
.Revisions to Board
Title 8 Page 3
8.01.015 Placement of Wireless Communications
Truckee Donner
Public Utility District GWR6 propeFty that is situated GUGh as to be of may authorize wireless
communications companies o construct
and maintain monopoles and antennas Gould be eased on se#ain District owned propertysash as
to pose RO GigR 4 fiGant visual iFnpaE;t OR resideRtial areas. DistriGt prepeFty Fepresents a value to
fevenae-by special lease issued at the discretion of the Board of Directors using the following steps
as a guideline:
1. 2 Any party wishing to construct and maintain such a facility shall make application------ Formatted:Numbered+Level:I+
to the General Manager of the District,in a form prescribed,and shall submit the application Numbering Style:1,2,3,...+Start at:I+
- Alignment:Left+Aligned at: 0.25"+Indent
with a$500 application fee,-. at: 0.5"
2. 8.01.015.3 The General Manager shall review the application and approve or disapprove• Formatted:Numbered+Levee 1+
+the application l-based on 4-conformance with the terms of the District's standard lease Numbering Style:1,2,3,...+Start at:1+
Alignment:
l 9 m nt:Left+Aligned at: 0.25"+Indent
agreement;
3. Installation of monopoles and antennas should pose no--,,, Formatted:List Paragraph,Left, No bullets or
numbering
significant visual impact on surrounding residential neighborhood;:
Formatted:Numbered+Level:1+
t Numbering Style:1,2,3,...+Start at:I+
4. The District should generate fair and reasonable revenue; Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
5_8.01.015.4 Co-development of wireless facilities shall be encouraged and the District's-, Formatted:List Paragraph,Left, No bullets or
standard lease agreement shall provide for co-development. The originating agency is numbering
required to notify the District and the District shall share in the monetary gain realized by the Formatted:Numbered+Level:I+
lessee; Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
6 The General Manager will schedule a public hearing at a District Board meeting in order tat,''.
give the public an opportunity to provide input. Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
.8.01.015.1 The Board of Directors shall award the lease in a resolution and include the following ', at: 0.5"
steps: Formatted:List Paragraph,Left, No bullets or
numbering
1 General Manager or his designee may execute the lease; Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
2. Require a minimum monthly rent of XXXX; Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
3 Require a cost of living increase every year; Formatted:List Paragraph,Left, No bullets or
numbering
4 Term of lease to be???years with an option(s)to renew not to exceed 25 years total; Formatted:Font:Bold
5 District shall retain control over the use of the parcel and the design of any structure, Formatted:Indent:Left: 0.25",Numbered+
monopole and/or antenna to be constructed thereon; Level:I+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 0.5"+
6 Lessee shall reimburse the District for all costs expended in connection with the agreement-,"'
greement Indent at: 0.75"
including legal engineering appraisal advertising and supervisory costs' Formatted:List Paragraph,Left, No bullets or
numbering
t Formatted:Font:(Default)Arial,11 Pt
Revisions to Board
Title 8 Page 4
7 Lessee shall indemnify the District so that the District shall not be liable for any damage or ----- Formatted:Indent:Left: 0.25",Numbered+
liability of any kind or for any injury to or death of persons or damage to property of Lessee Levee 1+Numbering Style:1,2,3,...+Start
or any other person during the term of the lease from any cause whatsoever,by reason of at:1+Alignment:Left+Aligned at: 0.5"+
Indent at: 0.75"
the use occupancy and enjoyment of the parcel by the lessee or any person thereon or
holding under said lessee and that lessee will indemnify and save harmless the Districtfrom
all liability whatsoever,on account of any such real or claimed damage or injury and from all
liens claims and demands arising out of the use of the parcel and its facilities or any repairs
or alterations which the lessee may make upon the parcel.
8 Lessee shall furnish satisfactory proof,by certificate presented to the District within fifteen------ Formatted:Indent:Left: 0.25",Numbered+
days of the date of the grant of lease that he/she/it has comprehensive general liability, Level:1+Numbering Style:1,2,3,...+Start
public liability and property damage insurance The insurance shall name the District as an at:1+Alignment:Left+Aligned at: 0.5"+
Indent at: 0.75"
additional insured be the primary insurance and protect both the lessee and the District,its
officers and/or agents against loss from all liabilities imposed by law, and shall be
maintained in full force and effect during the term of the grant of easement and in the
following amounts:
a Limit of liability for comprehensive general liability-$1 000,000 aggregate liability for--- Formatted:Indent•.Left: 0.5 Hanging: 0.5",
loss per accident. Numbered+Level:1+Numbering Style:a,b,
c,...+Start at:1+Alignment:Left+Aligned
at: 0.25"+Indent at: 0.5"
b Limit of liability for personal injury or accidental death-one person, $1,000,000t--- __
a Formatted:Indent:Left: o.s",Hanging: 0.5",
aggregate liability per accident,$1,000,000.
Numbered+Level:1+Numbering Style:a,b,
c,...+Start at:1+Alignment:Left+Aligned
C. Limit of liability for property damage - $1 000 000 aggregate liability for loss pert at: 0.25"+Indent at: 0.5"
accident. Lat: O.25'�'+
ed:Indent:Left: 0.5",Hanging: 0.5",
+Level:1+Numbering Style:a,b,
8.01.015.15 Upon approval by the District,the applicant will be required to make application to the art n 1+Alignment:Left+Aligned
Indent at: 0.5"
appropriate planning and zoning agency for the specific land use approval for the site.
zoning agenray f9F the SpeGifiG land use appFeval of the site,the GeReFal ManageF will sGhedul
publiG hearing at a District Board meet'Rg on order to give the pub!'G aR opportunity to pr�qvide
(MO97-85)
8.01.020 Relocation and Real Property Acquisition Guidelines-State and Federal laws require
public agencies to adopt rules and regulations that implement the requirements of the California
Uniform Relocation Act, Government Code Section 7260 et seq. and the United States Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C.Section 4601
et seq.)Section 7267.8 of the California Government Code provides that,with respect to federally
funded projects, public entities shall provide relocation assistance as required under federal law.
8.01.020.1 In implementation of the State Act,the District has adopted the Relocation Assistance
and Real Property Acquisition Guidelines,25 California Code of Regulations Section 6000 et seq.,
as its rules and regulations for relocation assistance and real property acquisition.(See Exhibit A
attached to TDPUD Resolution No.9322.)
(Res.9322)
8.01.020.2 In implementation of the Federal Act,the District has adopted the Federal Guidelines,
49 CFR Part 24,as its rules and regulations for relocation and real property acquisition of federal or
federally-assisted projects.(See Exhibit B attached to TDPUD Resolution No.9322.)
- Formatted:Font:(Default)Arial,11 pt
.Revisions to Board
Title 8 Page 5
(Res.9322)
CHAPTER 8.04
EASEMENTS
Sections:
8.04.010 Use of Paved District Easements for Access to Privately
Owned Property
8.04.020 Abandonment or Relocation of Unused Easements
8 04 030 Grants of Easements of District Property
8.04.010 Use of Paved District Easements for Access to Privately Owned Property-The
Truckee Donner Public Utility District maintains paved easements throughout the District in orderto
access its facilities. Occasionally,the access easement for the District is also the most reasonable
access to a property owner's parcel.The following steps are a guideline to L
rmatted:LNumbered+Level:1+
P P Y P mbering S3,...+Start at:2+
gnment:Led at: 0.25"+Indent
This P010GY to guide the DistriGt in d8GidiRg determine in which situations it is proper to : 0.s'
permit a private property owner to use an existing paved District easement for access to his oFormatted:
ed:Indent:Hanging: 0.25"
property_: ed:Font:Not Bold
ed:Indent:Left: 0.25",Hanging:
Indent:Left: 0.19",Hanging:
Q.l4 ^.'�"' A petition shall be filed b the property owner re uestin ermission from thL-',
1•a P.o ,r r. _P by the P Y q 9 permission -
District to use an existing paved District easement for access to his property;
Formatted:Font:Bold
Formatted:Indent:The petitiOR shall be'R the faFFn outlined below. Left: 0.5"
2_ 1 Each petition is to be reviewed by the OistFist-General Manager on an- ---- Formatted:Numbered+Level:l+
individual basis,since each such request will involve unique facts and circumstances. Numbering style: 2,e,...+Start at:2+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
3_8.04-010 1(G) If the General Manager Oistr�decides to grant permission for use of its----- Formatted:Numbered+Level:1+
paved easement,it shall do so by granting a revocable,non-transferable license. In no case Numbering Style:1,2,3,...+Start at:2+
shall the District grant an easement or any other permanent property interest to a petitioner;. Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
4— ) Before the General Manager Bistrist-will grant a license to a petitioner,the•------ Formatted:Numbered+Level:1+
person who owns the property underlying the paved District easement shall also agree,in Numbering Style:1,2,3,...+Start at:2+
writing,to the grant of the revocable, non-transferable license. Alignment:
l g o snt:Left+Aligned at: 0.25"+Indent
5_ An license ranted shall be revocable,and may be revoked b the District----- Formatted:Numbered+Level:1+
�� y g Y YNumbering Style:1,2,3,...+Start at:2+
for any reason in the District's sole discretion,with thirty days written notice,- Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
6_8.04.018-!(F) The District shall grant a license only to the property owners who signed the------ Formatted:Numbered+Level:1+
petition, but the license may extend to the petitioner's immediate family and guests;: Numbering style:1,2,3,...+Start at:2+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
7_8:84. 40.44%-The petitioner shall be required to keep the paved District easement free at-.---.-
all times from parked vehicles or other obstructions. If the District easement is blocked by Formatted:Numbered+Level:1+
P Numbering Style:1,2,3,...+Start at:2+
the petitioner,such obstruction will be removed at the petitioner's expense. Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
8P in no case shall a petitioner's vehicle garage driveway,or any equipment or improvement Formatted:Font:(Default)Anal,11 pt
Revisions to Board
Title 8 Page 6
come within 50 feet of any existing District facilities including District water tanks, pump
houses, and similar facilities.
g. 8.0 ) The petitioner shall bear equal responsibility with the District for the`-----" Formatted:Numbered+Level:1+
maintenance of that portion of the paved District easement used by the petitioner. The Numbering Style:1,2,3,...+start at:2+
petitioner shal I be required to a to the District a earl maintenance fee,which amount will Alignment:Left+Aligned at: 0.25"+Indent
p q pay yearly at: 0.5"
be used for maintenance of the easement. In the event that the cost of maintenance
exceeds the accumulated maintenance fee,then the petitioner shall be required to pay to
the District the amount of such excess;:
` Formatted:Indent:Left: 0",First line: o"
10. ----- Formatted:Numbered+Level:1+
Payment Numbering Style:1,2,3,...+Start at:2+
of$500 by petitioner shall accompany each petition presented to the District to cover District Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
costs related to review and preparation of the access documents.:
t---- Formatted:Numbered+Level:1+
Numbering style:1,2,3,...+Start at:2+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
8.04.010.12 The Petitioner's request that the District grant
permission for use of one of its paved easements for access by the property owner to his parcel
shall be made by petition in using the following steps:
1 The petition shall state that the petitioner understands that any license granted by the District------=Left+
ed+Level:I+
shall be non-transferable and shall be revocable in the District's sole discretion. The 2,3,...+start at:1+
petitioner shall further acknowledge that should the District revoke the license, then the gned at: 0.25"+Indent
petitioner would be required to obtain other access to any house, garaqe, or other
improvement on the petitioner's property. In view of this the petitioner shall agree to
construct any house garage, or other improvement so that the same can be reached
through alternate methods of access in the event that the District revokes any license
granted Further, the petitioner shall agree that because any license granted will be
revocable in the District's discretion the petitioner shall not expend time and money on
improvements in reliance on the continued existence of the license and the petitioner shall
waive the right to claim that the license has become irrevocable by virtue of the petitioner's
reliance on continued use of the license;
2_8.04.010-2(A) The petition shall list the full names of all property owners of record,Including------- Formatted:Numbered+Level:1+
their mailing addresses and telephone numbers,and shall contain notarized signatures of all Numbering Style:1,2,3,...+start at:I+
Alignment:Left+Aligned at: 0.25"+Indent
such record property owners;: at: 0.5"
3_8.04.010.2{I3}The petition shall identify the petitioner's parcel by a full legal description,and------ Formatted:Numbered+Level:1+
by the assessor's parcel number. The petition shall have attached to it as an exhibit a copy Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
of the recording subdivision map, if any, showing the petitioners parcel and the existing
at: o.s"
District easement. If no recorded subdivision map exists,the petitioner shall attach as an
exhibit to the petition a scale map of the petitioner's parcel,the District easement, and all
adjoining parcels,roads,and easements. Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
4_8 84-018.2(C) The petition shall have attached to it,as an exhibit,a copy of the most recent' at: 0.5"
title report issued with respect to the petitioner's property,-. Formatted:Font:(Default)Anal,11 Pt
.Revisions to Board
Title 8 Page 7
5_8.04.010 2(D) The petition shall state specific reasons why the petitioner needs access- ---- Formatted:Numbered+Levee 1+
across an existing District easement,and shall state specifically why the petitioner is unable Numbering Style:1,2,3,...+Start at:1+
- Alignment:Left+Aligned at: 0.25"+Indent
to obtain alternate access at: 0.5"
8.04.01 0-2(F=) The petitiOR shall state that the petitieRer URderstands that aRy"GeRSe qFanted"
shall fuFther aGknewledge that should the Di6tF Gt reyeke the 1iGeR6e, then the petitionel:Woul
in view Gfthis,the petitioneF shall agFee tO GGRstFuGt any house,Wage,OF Otheic_FnPF0YeFReRt 60 that
revOGable,in the DiStFiGt'S disGFetion,the pet't*GRBF shall not expend time and meney en
that the IOGPn-.;L-has beGamp orrevE)Gable by virtue of the petitione�s reliance OR GOntinued use of the
license:
g_8.04.010-2(F.)-The petition shall state that the petitioner understands that any use of the--- Formatted:Numbered+Levee 1+
District's easement pursuant to a license granted by the District is permissive, and petitioner Numbering Style:1,2,3,...+Start at:1+
shall therefore waive an right to assert at an time that he has acquired an rights to the Alignment:Left+Aligned at: 0.25"+Indent
y g Y q Y g at: o.s"
easement by virtue of prescription or adverse possession;:
7_8.04.010-2(G) The petitioner shall agree to extend his homeowner's liability insurance policgto---- Formatted:Numbered+Level:1+
cover the entire area of the easement that will be used by the petitioner, or, alternatively,to Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
purchase a new policy of liability insurance covering that portion of the easement used by the at: 0.5"
petitioner;.
8_8.0 . The petitioner shall agree to indemnify and hold the District harmless from any---- Formatted:Numbered+Level:1+
} p 9 fYNumbering Style:1,2,3,...+Start at:1+
claims or liabilities of any kind resulting from use of the license by the petitioner,his immediate Alignment:Left+Aligned at: 0.25"+Indent
family and guests;.. at: 0.5"
Formatted:Numbered+Level:1+
g_ he petition shall state that the petition,or a license agreement if required by the Numbering Style:1,2,3,...+Start at:1+
District,may be recorded by the District to put future purchasers on notice of the fact that the Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
license is non-transferable and revocable;:
Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
10.8A�d) The petition shall acknowledge that a yearly maintenance fee shall be required of Alignment:Left+Aligned at: 0.25"+Indent
the petitioner,and further acknowledge that the petitioner shall share equally with the District all at: 0.5"
costs of maintaining the portion of the District's easement used by the petitioner,even if that Formatted:Numbered+Level:1+
amount exceeds the accumulated amount of the yearly maintenance feed. Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
11.8-04.010-2(K) The petitioner shall acknowledge that the easement must be kept free of any at: 0.5°
parked vehicles or other obstructions at all times,and that the petitioner shall pay the cost of Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
removing any such obstruction,'-. Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
12.°.^".^0 �0 'r The petitioner shall acknowledge that he shall not locate a house, garage, Formatted:Numbered+Level:1+
driveway,vehicle or other improvement within 50 feet of the nearest District facility.. Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
13.8:9�-The petition shall acknowledge that the license may be revoked by the District, at: 0.5"
in its discretion,with 30 days written notice;: Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
14.8-04.04A 2(N�The petitioner shall acknowledge that the transfer or attempted transfer of tfie at: o.s"
petitioner's real property to any person other than those who signed the petition shall Formatted:Font:(Default)Anal,11 Pt
Revisions to Board
Title 8 Page 8
automatically and immediately cause the revocation of the license;:
15.8.04:840.2{9}The petitioner shall acknowledge that a license will be granted bythe District - ----- Formatted:Numbered+Level:1+
only if the owner of the property underlying the District easement also agrees to grant a Numbering Style:1,2,3,...+Start at:1+
license. The petitioner shall acknowledge that it is his responsibility to obtain a commitment Alignment:Left+Aligned at: 0.25"+Indent
p 9 P Y at: o.s°
from the owner of the property underlying the District easement to the grant of a license to
the petitioner.
8.04.010.23 Review of petition-A petition for access,as provided by the property owner,shall be
reviewed by the District- Enqineers
Upon review of the petition,should the access be deemed acceptable,toe
FRgdReeFiRg an agreementt shall prepared an a9FGeM8Rt-for the access, including
information provided within the guidelines of this policy. The agreement shall be reviewed by District
Counsel.
A.rLqrAFnrnendatOAA.Win IDA Made tO thf-4 G_eneral MaRageF based upon staff and-GAI-InGAVE;PeVi
8.04.010.34 Action by Board of Directors- A decision to allow joint access shall be a Board level
decision. If the Board votes to allow joint access,it shall do so by resolution,said resolution setting
forth the pertinent facts giving rise to the access.
nted to the Distlti�tO GGveF DistriGt GG6t6 related to review and preparation of the anGess
dOGUFnent6.
(MO85-78)
8.04.020 Abandonment or Relocation of Unused Easements-The purpose of this policy is to
guide the District in its decisions regarding abandonment or retention of unused easements or
relocation of existing easements as a result of lot line adjustments. At the time that development
occurs,there is uncertainty as to the need for the extension of water and electric lines. Based on
that uncertainty,it is prudent for the District to secure utility easements forfuture line extensions. As
an area completes its development,the uncertainties become less present,and certain reserved
easements can be abandoned or relocated. When a property owner petitions the District to
abandon or relocate unused reserved easements,the following procedures shall be followed.
It is the intent of this policy to protect the District's access to easements while giving property owners
the opportunity to clear their parcels of easement restrictions that will not be used in the future by the
Formatted:Numbered+Level:1+
District. - Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
8.04.020.1 Form of petition- A request that the District abandon or relocate an unused easement at: o.5"
shall be made by petition in the following form. Petitions to abandon or relocate an easement shall: Formatted:Indent:Left: 0.5"
Formatted:Numbered+Level:1+
1_8.04:028!EA) Identify the parcel involved by referring to the recorded Book and Page Numbering Style:1,2,3,.-+Start at:1+
number of the Subdivision and the Assessor's Parcel Number;. Alignment:Left+Aligned at: 0.25"+Indent
v at: o.5"
2 Contain a sketch of the parcel and all adioining parcels showing water and electric lines Formatted:Numbered+Level:1+
serving said parcels; Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
3_8 04 020 1{B)-Contain a sufficient description of the easement to allow the District to clearly Formatted:List Paragraph,Left, No bullets or
identify what easement is requested to be abandoned or relocated.. numbering
Formatted:Font:(Default)Arial,11 pt
.Revisions to Board
Title 8 Page 9
4 A description of why the petitioner requests the easement be abandoned or relocated: t-----Es
ted:Numbered+Level:I+
- ing Style:1,2,3,...+Start at:1+
nt:Left+Aligned at: 0.25"+Indent
5 Contain the name and notarized signature as well as mailing address of each owner of-,,,
record of the parcel on which the easement sits: ted:List Paragraph,Left, No bullets or
ing
g_8 04 02A 1(E�State whether any utility line of any type is presently using the easement,or-,
tted:Numbered+Level:1+has used the easement during the past five years;: ring Style:1,2,3,...+Start at:1+
nt:Left+Aligned at: 0.25"+Indent
"
Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
asSOG'ated with abandGRment or FeleGatieR of the easement.
Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
FEI96ated at: 0.5"
Formatted:Numbered+Level:1+
7_$$4,^ ) Contain the statement that petitioner is aware that the District makes no-, Numbering Style:1,2,3,...+Start at:1+
guarantee that its quitclaim alone is sufficient to clear the title of the easement;. Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
8 Contain a statement that the petitioner shall pay any recording fees associated with-,',, Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
abandonment or relocation of the easement; Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
9-04-020.11(H) Contain the name and notarized signature, as well as mailing addressof-�. Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
g_ Payment of$150-500 by petitioner shall accompany each-
at: os'
petition presented to the District to cover District costs related to review and preparation of Formatted:List Paragraph,Left, No bullets or
numbering
the necessary documents.
Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
8.04.020.23 Review of petition - A petition to abandon or relocate unused easements shall be Alignment:Len+Aligned at: o.2s"+Indent
reviewed by the District Engineers' at: o.s"
eFemen. The petition,proposed quitclaim deed and new easement if applicable shall be reviewed Formatted:Numbered+Level:1+
by District Counsel. Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
.8.04.020.3 A recommendation will_be made to the General Manager taking into consideration the at: 0.5"
Formatted:Numbered+Level 1+
District's future-pi ans for the extension of utility lines. Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
8.04.020.4 Action by Board of Directors- A decision to abandon or relocate an easement shall be a at: 0.5"
Board level decision. If the Board votes to abandon or relocate, it shall do so by resolution,said Formatted:Font:Bold
resolution setting forth the pertinent facts giving rise to abandonment or relocation,and noting that
only the subject easement is being released in order to insure District retention of any other
easements located on the same parcel.
In making its decision,the Board shall consider future District plans for water and electric lines,the
proximity of the parcel to undeveloped property, and the reasons set forth by petitioner for
requesting abandonment or relocation.
8.04.020.55 Form of abandonment or relocation Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
1_8 04.020-5(A) Any abandonment of an easement specific to the Truckee Donner Public at: o.s"
Utility District shall be accomplished by quitclaim deed or abandonment of easement Formatted:Font:(Default)Arial,11 pt
.Revisions to Board
Title 8 Page 10
document;-
2_8.04.-0205(R Any relocation of an easement specific to the Truckee Donner Public Utility- - Formatted:Numbered+Level:1+
District shall be accomplished by the District quitclaiming its interest in the old easement and Numbering Style:1,2,3,...+Start at:1+
the land owner granting a new easement b rant deed to the District Alignment:Left+Aligned at: o.zs"+Indent
g g Y 9 �� at: o.s"
3. 8.04.020.5(C) Any abandonment or relocation of a public utility easement shall bey ---- Formatted:Numbered+Level:i+
accomplished by a abandonment of easement document IetteF executed by the General Numbering Style:1,z,3,...+start at:1+
Manager and recorded with the County In which the parcel is Alignment:Left+Aligned at: 0.25"+Indent
at: o.s"
located.
(Res.8605)
8 04 030 Grants of Easements on District Property Whenever possible, the District will grant
licenses for a specified period of time in lieu of perpetual easements. Use of District easements
must include the following steps:
1 Request for easement shall be made to the General Manager or the District Engineers;
2 Request shall be in writing and shall include copies of each of the following documents:
a Location and site map on an eight and one-half by eleven-inch sheet;
b. Legal description of easement;
c. Plat map of easement;
d Plans and specifications for any construction grading or other work to be done within
the easement including profile drawings;
e An environmental impact statement or negative declaration if required by CEQA and
the guidelines of the state and District.
3 A non refundable charge of$500 shall be paid to the District at the time an easement is
requested to cover the District's usual costs of processing the request.Any costs incurred by
the District in excess of$500 including costs of labor, materials engineering, surveys,
appraisals and overhead expenses shall be paid by the party requesting the easement
t .....
Formatted: No bullets or numbering
4 The District shall determine the fair market value of the easement which shall be paid to the
District in full at the time of conveyance of the easement.The District may,in its discretion,
may assign the current market value per square foot to the easements covering an area not
in excess of four thousand square feet unless the grantor objects,in which event the District
will obtain an appraisal of the easement.
5 Any easement with a term of five years or less and a fair market value of less than$10,000,
may be granted by the General Manager or designee without additional authorization of the
Board of Directors The granting of all other easement shall be specifically authorized bythe
Board of Directors;
t --- - Formatted: No bullets or numbering
6 Lessee shall indemnify the District so that the District shall not be liable for any damage or
liability of any kind or for any injury to or death of persons or damage to property of Lessee
or any other person during the term of the lease from any cause whatsoever,by reason of
the use occupancy and enjovment of the parcel by the lessee or any person thereon or
holding under said lessee and that lessee will indemnify and save harmless the District from
all liability whatsoever,on account of any such real or claimed damage or injury and from all
liens claims and demands arising out of the use of the parcel and its facilities or any repairs
-(Formatted:Font:(Default)Arial,11 pt
Revisions to Board
Title 8 Page 11
or alterations which the lessee may make upon the parcel;
7 Lessee shall furnish satisfactory proof,by certificate presented to the District within fifteen
days of the date of the grant of easement that he/she/it has comprehensive general liability,
public liability and property damage insurance The insurance shall name the District as an
additional insured be the primary insurance and protect both the lessee and the District,Its
officers and/or agents against loss from all liabilities imposed by law, and shall be
maintained in full force and effect during the term of the grant of easement and in the
following amounts;
a Limit of liability for comprehensive general liability-$1 000 000 aggregate liability for------ Formatted:Indent:Left: Os Numbered+
IOSS per accident~ -- -------- - - ---- ------ at: +Alignment:Left+Aligned at: I +
b Limit of liability for personal injury or accidental death-one person, $1,000,000; Indent at: l.zs"
aggregate liability per accident $1 000 000 Formatted:Font:Not Bold
C. Limit of liability for property damage - $1 000 000 agqreqate liability for loss per
accident. Formatted:Font:Not Bold
8 Easements shall be for such limited purposes and subject to such conditions as the District------ Formatted:Indent:Left: 0.25",Numbered+
shall specify in the grant of easement Unless otherwise expressly specified In the grant,the Level:1+Numbering Style:1,2,3,...+Start
easement shall be subject to the following conditions: at:1+Alignment:Left+Aligned at: 1"+
Indent at: 1.25"
a The use of the easement shall be subordinate to the paramount riqht of the District tot Formatted:Indent:Left: os°
use its lands for utility purposes No use of the easement shall cause any substantial 7at:1
atted:Indent:Left: 0.5',Numbered+
interference with the District's use of the land or with the operation,maintenance,repair 1+Numbering Style:a,b,c,...+start
Alignment:Left+Aligned at: 1"+
or installation of District facilities therein; t at: 1.25"
b No building or portion of a building shall be within the easement area;
C. Upon completion of construction within an easement the ground surface shall be
restored as near as possible to the condition it was in prior to the construction with all
rubbish and foreign materials removed and the area left in a safe and clean condition;
d Within thirty days after completion of any construction within the easement, an
accurate detailed and reproducible"as built"drawing thereof shall be delivered to the
District.
--- Formatted:Indent:Left: 0.75"
9 The District in its sole and absolute discretion may approve deny,or set any limitations or------ Formatted:Indent:Left: 0.25",Numbered+
conditions on any easement on District property and issue and at any time, alter, amend, Level:1+Numbering Style:1,2,3,...+Start
modify, rescind or revoke a Grant of Easement all without recourse or remedy by the at:1+Alignment:Left+Aligned at: 1"+
requestor for an Easement or liability to the District The District may also amend modify or Indent at: 1.25"
rescind this policy at any time without recourse or remedy by any requestor or with liability to
the District.
----- Formatted:Indent:Left: 0.75"
CHAPTER 8.06
RECORDABLE DOCUMENTS
Sections:
8.06.010 Recordable Documents
8.06.020 Reporting Requirements Regarding Real Property and
Easements
8 06 030 Retention of Real Property Documents Formatted:Font:(Default)Arial,11 pt
Revisions to Board
Title 8 Page 12
8.06.010 Recordable Documents—All documents affecting the title to,or possession of, real
property owned by the District shall be recorded promptly upon execution by the authorized official of
the District in accordance with the recording status of the State of California.The General Manager
of the District is authorized as follows:
1_8.064 .�To accept and consent to the recordation of any deeds granting easements or- ----- Formatted:Indent:Left: 0.25",Numbered+
any other interest in real estate to the District,-. Level:1 li Numbering Style:1,z, ...+start
at
at:1+Alignment:Left+Aligned at: 1"+
Indent at: 1.25"
2_&.46:040 2—To accept and consent to the recordation of any deeds or other documents------- Formatted:Indent:Left: 0.25",Numbered+
which grant a restriction on the grantor's real property in favor of the District,-- Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 1"+
3_&064 0_. -To accept and consent to the recordation of any notices which the District has- ., Indent at: 1.25"
requested the grantor record against the grantor's real property,-. Formatted:Indent:Left: 0.25",Numbered+
Level:1+Numbering Style:1,2,3,...+Start
4_6:064KO-.4—To accept, sign, and consent to the recordation of an deeds releasing or•., at:1+Alignment:Left+Aligned at: 1"+
y g Indent at: 1.25"
abandoning easements owned by the District that the General Manager determines are not Formatted:Indent:Lett: o.zs",Numbered+
needed by the District;: Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 1"+
5_�06:0T8:6-To sign letters-documents on behalf of the District,directed to Nevada or Placer-_, Indent at: 1.z5"
County, informing such counties of the District's willingness to release or abandon public Formatted:Indent:Left: 0.25",Numbered+
utility easements if the General Manager determines that such easements are not needed by Level:1+Numbering Style:1,2,3,...+Start
the District. at:1+Alignment:Left+Aligned at: 1"+
Indent at: 1.25"
8.06.020 Reporting Requirements Regarding Real Property and Easements-The General
Manager is to submit to the Board of Directors in January of each year a report of all real property
and easements accepted or abandoned during the previous year with the exception of temporary
blanket easements and the subsequent abandonment when construction is deemed complete by
District staff.
(Res.9003)
8 06 030 Retention of Real Property Documents
8.06.030.1 Original recorded real property documents shall be retained by the department
designated by the General Manager, or his/her designee and in a manner so as to prevent
destruction from fire flood earthquake and other disasters.
8.06.030.2 Real Property Database The District shall maintain an inventory of all properties owned
in fee simple interest by the District and each property shall be identified by use:operating,held for
future use and surplus.
CHAPTER 8.08
IMPROVEMENTS
Sections:
8.08.010 Conditions of Acceptance
8.08.010 Conditions of Acceptance Formatted:Font:(Default)Arial,11 Pt
Revisions to Board
Title 8 Page 13
8.08.010.1 All development agreements calling for works of improvement in an amount of$100,000
or more to be constructed pursuant to the District's standards and guidelines,shall be authorized by
Ordinance.
8.08.010.2 All development agreements calling for works of improvement in an amount less than
$100,000 to be constructed pursuant to the District's standards and guidelines,shall be authorized
by Resolution.
8.08.010.3 Acceptance of all works of improvement subject to the District's standards and
guidelines and constructed pursuant to a development agreement, shall be accepted for transfer
and dedication to the District, by Resolution.
(Res.8246)
CHAPTER 8.12
DISTRICT COMPLEX
Sections:
8.12.010 Use of the Board Room
8.12.012 Public Art Display in District Headquarters
8.12.010 Use of the Board Room
8.12.010.1 The Boardroom of the Truckee Donner Public Utility District will be available on a first
come,first serve basis by other governmental agencies for-profit organizations and by not-for-profit
organizations serving the Truckee community.
8.12.010.2 In all cases,the District use of the Board room takes priority over all others.
,8.12.010.3 Governmental agencies and not-for-profit organizations may use the Board room at no Formatted:Font:soid
charge.
8.12.010.43 For-profit organizations may use the Boardroom and
shall be charged a fee of$10075 for each day's use of the Board room.
8.12.010.45-The General Manager,or his designee,shall maintain the schedule of use of the Board
room.
8.12.010.65 The General Manager shall report annually during the month of January to the Board of
Directors regarding the use of the Board room by outside organizations during the previous year.
(Res.8751)
8.12.012 Public Art Display at District Headquarters
It is the policy of the District to display art work in the District headquarters building created by
local area artists under the terms set forth below.
8.12.012.01 Public Art Displays Public Art Displays are defined as watercolor,oil, pastel, pencil,
photographic and other forms of artwork hung in public areas within the District's facilities for a Formatted:Font:(Default)Ariai,ii Pt
Revisions to Board
Title 8 Page 14
period of no less than six(6)months.
8.12.012.02 Artistic Theme The theme of all artwork displayed in District facilities shall be Truckee----- Formatted:Justified
History,our local environment and/or Public Utilities. Such artwork must be politically neutral and in
good taste.
8.12.012.03 Liability All artisans displaying their work in District facilities must agree to and sign
a Public Art Display Waiver of liability--atiashe in order for their work to be displayed in District
Facilities.
8.12.012.04 Sale of Artwork All artwork will have a descriptive placard located in the bottom right
corner of the piece detailing the name of the piece,its price and artist contact information.
(MO05-68)
CHAPTER 8.16
DAMAGE TO DISTRICT PROPERTY
Sections:
8.16.010 General
8.16.010 General-In the event of damage to property owned by the District,which the Manager
believes to be the result of intentional and malicious activity,the District Manager is authorized to
advertise an offer of reward for information which leads to the arrest and conviction of those persons
responsible for the damage.
The amount of the reward shall be determined in-at the discretion of the District General Manager,
but in no event shall exceed the smaller of the sum of$1,000 or 10%of the amount of the estimated
damage.
(Res.7843)
Formatted:Font:(Default)Arial,11 pt
_Revisions to Board
Title 8 Page 15
CHAPTER 8.20(partial revision Aug.08)
DISPOSAL OF DISTRICT PROPERTY
Sections:
8.20.010 Disposal of Surplus Inventory, Materials, Office
Equipment and Vehicles
8.20.020 Disposal of Real Property
8.20.010 Disposal of Surplus Inventory Materials Office Equipment and Vehicles
8.20.010.1 Items of inventory,materials,office equipment and vehicles considered by staff to be no
longer necessary shall be listed on an appropriate form and presented to the Manager.
8.20.010.2 For Items with an estimated value in excess of$1,000,the General Manager shall direct
that a Board Action declaring the items surplus be placed on an agenda for Board review and
approval. For items with an estimated value of less than the $1,000, the Board authorizes the
General Manager to dispose of the surplus inventory at his discretion.
8.20.010.3 The Manager shall for the disposal of surplus item, have the option of a trade-in
allowance for new replacement equipment, use of a contract auction company, or the public bid
process.
8.20.010.3(A) If the public bid process is to be used,then the Manager shall advertise the sale of
the surplus items in the appropriate newspapers and journals.
i.In the event that no bids are received on some items,or the General Manager determines
that the bids received on certain items are not sufficient, the Board may authorize the
General Manager to dispose of such items at his discretion.
8.20.010.4 No Board member may bid on or purchase surplus property from the District.No person
who makes,participates in the making of,or influences the decision to dispose of surplus property
may bid on such items.This includes District staff,consultants,advisory committee members and all
other individuals who make, participate in the making of, or influence the decision regarding the
disposal of surplus property.
(Res.8212,8911)MO 2008-86
8.20.020 Disposal of Real Property
8.20.020.1 District real property is considered surplus when designated as such by the Board of
Directors.
8.20.020.2 Sale of District real property shall be in conformance with Government Code Sections
65402 and 54222.
8.20.020.34 In accordance with Government Code Section 54221, in order to dispose of real
property owned by the District, parcels would be surveyed and appraised and existing utilities
Identified. Formatted:Font:(Default)Arial,11 pt
.Revisions to Board
Title 8 Page 16
8.20.020.42 The District would then offer the parcels for sale or lease in accordance with
Government Code Section 54222.The notice would be sent to any public agency developing low
and moderate income housing, to the local recreation and park district, to the State Resources
Agency and to the local school district.
8.20.020.53 If public agencies do not respond within 60 days,the District can then offer the land for
sale to private parties.
8.20.020.64 There is no requirement in state law or in District policies requiring that land be sold to
a private party by public bid process.The District may negotiate with adjacent land owners for sale
of land.
8.20.020.76 If a public agency does want to purchase the land,the District enters into negotiations
for a period of not less than 60 days,after which the property may be sold to any other party.
(California Government Code)
8.20.020.8 Approval of Sales of Real Property The Board shall approve any sale of real property.
8.20.020.9 Exchange of Surplus Property The steps must include the following:
1 Any proposed exchange of surplus property will require a finding-in-fact by the General
manager that there is greater overriding benefit from the property received than from the
surplus land being exchanged;
2 The Exchange of surplus property shall be approved by the Board of Directors or as
delegated by the Board to the General Manager or his or her designee.
8.20.020.10 Quit Claims The steps must include the following:
1 Quit claims of real property shall require the recommendation of the General Manager,
District Engineers and Technical Programs Administrator;
2 Execution of the quit claims shall be approved by the Board of Directors or,as delegated by
the Board to the General Manager or his or her designee:
3 The financial consideration for the quit claim shall be fair market value at a minimum the
price paid by the District to originally purchase the property.
CHAPTER 8.24
RECORDS,FILES AND DOCUMENTS
Sections:
8.24.010 Removal of Records, Files and Documents from
District Premises
8.24.010 Removal of Records.Files and Documents from District Premises-It is the policy of
the District that no records,files or documents be removed from the premises without prior approval Formatted:Font:(Default)Ariai,ii pt
.Revisions to Board
Title 8 Page 17
by an employee's immediate supervisor or,in the case of management employees,approval by the
Manager.
(Res.8411)
e 1 /OG/94
CHAPTER 8.30
ENCROACHMENT POLICY
8.30.010 General
8.30.020 Definition
8.30 030 Implementation
8.30.040 Encroachment Review Process
8.30.050 Request for Encroachment Permit
8.30.060 Rights of Appeal
8.30.070 Encroachment Classifications and Encroachment Permit Costs
8.30.080 Limitation
8.30.010 General The intent of this policy is to define guidelines and parameters as it relates to
encroachments on Truckee Donner PUD(District)property.An"encroachment"is an entry onto or
use of District property without the District's explicit permission. Examples of encroachments are
fences, snow storage, wood or vehicle storage or buildings which have intentionally or
unintentionally been placed on District property.
The District, in its sole and absolute discretion, may approve, deny, or set any limitations or
conditions on any encroachment on District property and issue and, at any time, alter, amend,
modify, rescind,or revoke an Encroachment Permit for an encroachment, all without recourse or
remedy by an Applicant/Permittee for an Encroachment Permit or liability to the District. The District
may also amend, modify or rescind this policy at any time without recourse or remedy by any
Applicant/Permittee or with liability to the District.
8.30.020 Definition
8.30.020.1"Encroachment"means an unauthorized entry onto or use of District property,including
removal or planting of vegetation,placement of structures or materials,snow removal or storage,or
other alteration of surface or landscape that may affect or alter the visual aspects and uses of
Truckee Donner PUD property.
8.30.020.2 An"Encroachment Permit"is a contract between the District and the permit holder. An
Encroachment Permit is not a property right, such as an easement, nor does it confer a property
right. The Encroachment Permit cannot be transferred with the sale of real personal property.It is
mandatory that the encroachment be abated with the sale of the property.
8.30.020.3 Each Encroachment Permit issued shall have a maximum term of one year and must be
renewed if the Permittee would like the Encroachment Permit to extend beyond the term.
Encroachment Permits for the same encroachment will not be granted for more than a total of five
years.
8.30.020.4 The Encroachment Permit Category cannot change from a more severe category to
Formatted:Font:(Default)Arial,11 pt
Revisions to Board
Title 8 Page 18
lesser one at anytime. It is possible,at the discretion of the District,to change the designation to a
more severe category depending on the whether the encroachment expands in scope or becomes
more severe.
8.30.030 Implementation The steps must include the followin : _- Formatted:Font:Not sold
1_8.30.030A It is the responsibility of a property owner to know the location of property--- Formatted:Indent:Left: 0.25 Numbered+
boundaries, in particular when use of that property causes an encroachment onto District Level:1+Numbering Style:1,2,3,...+Start
a` 0lign75nt:Left+Aligned at: 0.5"+
property,: Indent
2_8.30.030. The District shall seek voluntary elimination of encroachments. Except where------- Formatted:Indent:Left: 0.25 Numbered+
otherwise specifically authorized, encroachments shall be removed and the District's Level:1+Numbering Style:1,2,3,...+Start
restored to its re-encroachment condition to the extent possible,-. at:1+Alignment:Lek+Aligned at: 0.5"+
property P P Indent at: 0.75"
3. 8.30.030.3-The party responsible for an encroachment may request an Encroachment Permit• -- Formatted:Indent:Left: 0.25",Numbered+
according to the process set forth below,including providing information required to support Level:1+Numbering Style:1,2,3,...+Start
the followingfindings and payment of a fee. The fee will be based upon the category of the at:1+Alignment:Left+Aligned at: 0.5"+
9 P Y P 9 rY Indent at: 0.75"
encroachment,
4_8.30 030:4The responsible party shall provide information to the District to verify and plan for-- Formatted:Indent:Left: 0.25",Numbered+
the adequacy of restoration required. The encroachment shall be removed and restoration Level:1+Numbering Style:1,2,3,...+Start
shall be completed prior to the expiration of the Encroachment Permit,-. at:1+alignment:Left+Aligned at: o.s"+
P p � Indent at: 0.75"
5_8.30.030.6if the District finds that the encroachment has not been satisfactory corrected,and` ----- Formatted:Indent:Left: 0.25",Numbered+
no response is received within 10 days,the District shall notify the property owner,or other Level:1+Numbering Style:1,2,3,...+Start
responsible art that the District may eliminate the encroachment, restores the effected at:1+Alignment:Left+Aligned at: 0.5"+
P party, Y Indent at: 0.75"
area,and charge the responsible party for incurred costs.
8.30.040 JEncroachment Review Process Formatted:Font:Bold
Upon the report or discovery of an encroachment,the District's Technical Program Administrator
shall:
1. 8.30.040.1 Investigate the encroachment to confirm that the area is or appears to be within*------ Formatted:Indent:Left: 0.25 Numbered+
the boundaries of District owned property;. Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 0.5"+
Indent at: 0.75"
2_8.30.040 2 Notify the property owner or other responsible party of the encroachment by mail
The notice shall include a description, which may include photograph or drawing of the Formatted:Indent:Left: :1,2,Numbered+
P Y P 9 P 9 Level:1+Numbering Style:1,2,3,...+Start
encroachment,and location,and shall request a response within 10 days of receipt of the at:1+Alignment:Left+Aligned at: 0.5"+
letter;. Indent at: 0.75"
3_8.30.040.3If no response is received within 10 days, and the encroachment remains,the ---- Formatted:Indent:Left: 0.25",Numbered+
District will notify the property owner or other responsible party of the encroachment by Level:1+Numbering Style:1,2,3,...+Start
s there is still no response,the District shall at:1+Alignment:Left+Aligned at: 0.5"+
certified mail. If after 10 additional calendar days P Indent at: 0.75"
take necessary action,which may include legal action to remove the encroachment.
8.30.050 Request for Encroachment Permit The steps must include the following: Formatted:Font:Not sold
1_8.30.050.1A party responsible for an encroachment may request an Encroachment Permit- ---- Formatted:Indent:Left: 0.25",Numbered+
accordingly by filling out and submitting an application form along with all applicable fees,: Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 0.5"+
Indent at: 0.75"
Formatted:Font:(Default)Arial,11 pt
.Revisions to Board
Title 8 Page 19
2. 8:30-06"The encroachment shall not be contrary to any deed or other restriction for either----- Formatted:Indent:Left: 0.25",Numbered+
parcel or violate any local,state or federal statute, regulation or ordinance;. Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 0.5"+
Indent at: 0.75"
3_8 30:0604. -The encroachment shall not detract from the visual character or use of the---.--- Formatted:Indent:Left: o.zs",Numbered+
surrounding properties as determined by the District;: Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 0.5"+
4_8:30-060:4The responsible party may pay an additional fee equivalent to the fair market,----, Indent at: 0.75"
value of the land area directly affected by the encroachment depending upon the Formatted:Indent:Left: 0.25",Numbered+
permanence of the encroachment,'-. Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 0.5"+
Indent at: 0.75"
5_8:30:060 6-The Applicant/Permittee shall covenant and agree to indemnify,defend and hold- -- Formatted:Indent:Left: 0.25",Numbered+
the District harmless from and against all claims, actions, or suits, for any loss, liability, Level:1+Numbering Style:1,2,3,...+Start
injury,and damage to person or property including attorneys'fees,experts'fees and costs, at:1+Alignment:Left+Aligned at: 0.5"+
which may be asserted against the District because of the Applicant/Permittee's Indent at: 0.75"
encroachment of the District's property.
6_8:30.460-.&The Applicant/Permittee shall furnish satisfactory proof,by certificate,presented- ----- Formatted:Indent:Left: 0.25",Numbered+
to the District within fifteen days of the date of the Encroachment Permit,that he/she/it has Level:1+Numbering Style:1,2,3,...+Start
comprehensive general liability, public liability and property damage insurance. The at:1+Alignment:left+Aligned at: 0.5"+
P 9 Y P tY P P Y 9 Indent at: 0.75"
insurance shall name the District as an additional insured, be the primary insurance and
protect both the Applicant/Permittee and the District,its officers and/or agents against loss
from all liabilities imposed by law,and shall be maintained in full force and effect during the
term of the Encroachment Permit of the contract and in the following amounts:
a. 8.30.050.6.1 Limit of liability for comprehensive general liability - $1,000,000- ----- Formatted:Numbered+Level:1+
aggregate liability for loss per accident. Numbering Style:a,b,c,...+Start at:1+
Alignment:Left+Aligned at: 0.5"+Indent at:
0.75"
b. 8.30.050.6.2 Limit of liability for personal injury or accidental death-one person ----
$1,000,000;aggregate liability per accident, $1,000,000. Formatted:
ng Style:a,,b,c...+start at:1+
Alignment:Left+Aligned at: 0.5"+Indent at:
C. 8.30.050.6.3 Limit of liability for property damage-$1,000,000 aggregate liabilityfor 0.75"
loss per accident. Formatted:Numbered+Level:1+
Numbering Style:a,b,c,...+Start at:1+
Alignment:ment:Left+Aligned at: 0.5"+Indent at:
8.30.060 Rights of Appeal 00
8.30.060.1 If the Applicant/Permittee wishes to appeal the Encroachment Classification, the
Applicant/Permittee may request the decision to be reviewed by the General Manager of the District
by filing a request for review in writing.To be timely,the request for review must be received within
fourteen calendar days of the date of the original written decision. The decision of the General
Manager shall be conclusive and final.
8.30.070 Encroachment Classifications and Encroachment Permit Costs
8.30.070.1 Category 1 (Minor)-Gardens or other intentional or unintentional plantings,escaping
from private property through propagation by root,tube,trunk, limb,vine or other non-wind borne
means and incidental use. Cost of a Category 1 Encroachment Permit-$150.00 per year.
8.30.070.2 Category 2 (Major) - Non-permanent structures and improvements, such as those
without durable and complete foundations.Non-permanent structures and improvements include
fences, paths, walkways, pavers, gravel, stone, earthen berms, earth fill, drainage across the
property,single or gang mail boxes,unpaved parking areas and storage areas that are not included
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in permanent structures. Cost of a Category 2 Encroachment Permit-$500.00 per year.
8.30.070.3 Category 3(Special)—Permanent Structures are such as those which utilize a durable
and complete foundation. Permanent structures include buildings,concrete patios,paved parking
areas,driveways,decks with foundations,masonry walls,sheds,and rip-rap.Cost of a Category 3
Encroachment Permit-$1000.00 per year.
8.30.070.4 The above lists are not all inclusive. The applicant must check with the District to
determine the encroachment classification for an encroachment.
8.30.070.5 Prohibitive items for which Encroachment Permits shall not be granted include,but are
not limited to,the dumping of any non-toxic/toxic and non-hazardous/hazardous material or waste;
including fuel, oil, green waste, the spraying of pesticides, herbicides and insecticides and
deposition of any toxic or hazardous material including fertilizers.
8.30.070.6 Category 1 and 2 Encroachments Permits shall be reviewed and acted upon by District
Staff.
8.30.070.7 Category 3(Special)Encroachment Permits requires review and action as an agenized
item before the Truckee Donner PUD Board of Directors at a regularly scheduled meeting.
8.30.070.8 Once a year District staff will gather information on all Encroachment Permits,the status
of the same and will provide an annual report to the District's Board of Directors.
8.30.080 Limitation
8.30.080.1 An Encroachment Permit as described above is temporary,vests no permanent rights,
and does not attach to the land. The Permit may be revoked upon a minimum of thirty(30)days'
notice, unless a shorter notice period is specified in the permit or is justified by an imminent or
substantial risk to harm to persons or property.
MO 2008-103(10/1/08)
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.Revisions to Board
Title 8 Page 21
TITLE 8
DISTRICT PROPERTY
CHAPTERS
8.01 Real Property
8.04 Easements
8.06 Recordable Documents
8.08 Improvements
8.12 District Complex
8.16 Damage to District Property
8.20 Disposal of District Property
8.24 Records, Files and Documents
8.30 Encroachment Policy
CHAPTER 8.01
REAL PROPERTY
Sections:
8.01.010 Lease of District Land
8.01.015 Placement of Wireless Communications Facilities
8.01.020 Relocation and Real Property Acquisition Guidelines
8.01.010 Lease of District Land - The Board of Directors of the Truckee Donner Public Utility
District shall observe the following steps as part of its determination to lease District owned land:
1. Determine that a potential lessee exists for the parcel in question;
2. Evaluate the parcel and obtain the opinions of both the General Manager and District
Engineers regarding the size of the parcel and the desirability to obtain long-term revenues
from the lease thereof;
3. The use does not interfere with District operations and maintenance;
4. The use does not preclude future use or sale of the property;
5. The use does not impose unacceptable levels of liability;
6. The revenues received from the lease are at fair market value;
7. The lessee is not a District employee, Board member or family member of a Board member
or a District employee. ("Family member" is defined to include spouse, domestic partner,
child, parent, sibling and stepchild, stepbrother, stepsister, stepmother and stepfather.)An
exception to this exclusion is if the lease is awarded on the basis of a competitive auction,
bid or proposal process;
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Title 8 Page 1
8. Obtain an independent appraisal from a qualified appraiser relating to the value of the parcel
or any part thereof and to its best possible use.
9. The Board shall comply with the terms of Public Utilities Code Section 16431 et seq. and
Government Code Section 54221 et seq. and make the findings required pursuant to said
sections.
10. The General Manager will schedule a public hearing at a District Board meeting in order to
give the public an opportunity to provide input;
8.01.010.1 The Board shall advertise twice in the local newspaper its minimum requirements and
shall award the lease only by competitive bidding. All bidders must submit a certificate of deposit,
certified check,or bid bond in a sum equal to$1,000. Said deposit, check, or bond shall be forfeited
in the event that they are awarded the lease and fail to accept the same within a reasonable period
of time.
8.01.010.2 The Board shall award the lease in a resolution and include the following steps:
1. General Manager or his designee may execute the lease;
2. Require a minimum monthly rent of 1% of the fair market value and no more than XXX
dollars in total revenue per year;
3. Require a cost of living increases every year;
4. Term of lease to be XXX years with an option(s)to renew not to exceed 25 years total;
5. District shall retain control over the use of the parcel and the design of the structures to be
constructed thereon;
6. Lessee shall reimburse the District for all costs expended in connection with the lease of the
parcel including legal, engineering, appraisal, advertising and supervisory costs;
7. District shall provide,and the lessee shall pay for,a title policy evidencing District ownership
of the parcel;
8. Lessee shall be responsible for the taxes to be levied upon the parcel;
9. Lessee shall indemnify the District so that the District shall not be liable for any damage or
liability of any kind or for any injury to or death of persons or damage to property of Lessee
or any other person during the term of the lease,from any cause whatsoever, by reason of
the use, occupancy and enjoyment of the parcel by the lessee or any person thereon or
holding under said lessee, and that lessee will indemnify and save harmless the District from
all liability whatsoever, on account of any such real or claimed damage or injury and from all
liens, claims and demands arising out of the use of the parcel and its facilities,or any repairs
or alterations which the lessee may make upon the parcel.
10. Lessee shall furnish satisfactory proof, by certificate, presented to the District within fifteen
days of the date of the grant of lease, that he/she/it has comprehensive general liability,
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Title 8 Page 2
public liability and property damage insurance. The insurance shall name the District as an
additional insured, be the primary insurance and protect both the lessee and the District, its
officers and/or agents against loss from all liabilities imposed by law, and shall be
maintained in full force and effect during the term of the grant of easement and in the
following amounts:
a. Limit of liability for comprehensive general liability-$1,000,000 aggregate liability for
loss per accident.
b. Limit of liability for personal injury or accidental death-one person, $1,000,000;
aggregate liability per accident, $1,000,000.
C. Limit of liability for property damage - $1,000,000 aggregate liability for loss per
accident.
11. The Board shall make any findings made necessary by the California Environmental Quality
Act.
8.01.015 Placement of Wireless Communications Truckee Donner Public Utility District may
authorize wireless communications companies to construct and maintain monopoles and antennas
on District owned property by special lease issued at the discretion of the Board of Directors, using
the following steps as a guideline:
1. Any party wishing to construct and maintain such a facility shall make application to the
General Manager of the District, in a form prescribed,and shall submit the application with a
$500 application fee;
2. The General Manager shall review the application and approve or disapprove the application
based on conformance with the terms of the_''District's standard lease agreement;
3. Installation_of monopoles and antennas should pose no significant visual impact on
surrounding residential neighborhood;
4. The District should generate fair and reasonable revenue;
5. Co-development of wireless facilities shall be encouraged and the District's standard lease
agreement shall provide for co-development. The originating agency is required to notify the
District and the District'shall share in the monetary gain realized by the lessee;
6. The General Manager will schedule a public hearing at a District Board meeting in order to
give the public an opportunity to provide input.
8.01.015.1 The Board of Directors shall award the lease in a resolution and include the following
steps:
1. General Manager or his designee may execute the lease;
2. Require a minimum monthly rent of XXXX;
3. Require a cost of living increase every year;
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Title 8 Page 3
4. Term of lease to be ??? years with an option(s)to renew not to exceed 25 years total;
5. District shall retain control over the use of the parcel and the design of any structure,
monopole and/or antenna to be constructed thereon;
6. Lessee shall reimburse the District for all costs expended in connection with the agreement
including legal, engineering, appraisal, advertising and supervisory costs;
7. Lessee shall indemnify the District so that the District shall not be liable for any damage or
liability of any kind or for any injury to or death of persons or damage to property of Lessee
or any other person during the term of the lease, from any cause whatsoever, by reason of
the use, occupancy and enjoyment of the parcel by the lessee or any person thereon or
holding under said lessee, and that lessee will indemnify and save harmless the District from
all liability whatsoever, on account of any such real or claimed damage or injury and from all
liens, claims and demands arising out of the use of the parcel and its facilities,or any repairs
or alterations which the lessee may make upon the parcel.
8. Lessee shall furnish satisfactory proof, by certificate, presented to the District within fifteen
days of the date of the grant of lease, that he/she/it has comprehensive general liability,
public liability and property damage insurance. The insurance shall name the District as an
additional insured, be the primary insurance and protect both the lessee and the District, its
officers and/or agents against loss from_all liabilities imposed by law, and shall be
maintained in full force and effect during the term of the grant of easement and in the
following amounts:
a. Limit of liability for comprehensive general liability-$1,000,000 aggregate liability for
loss per accident.
b. Limit of liability for personal injury or accidental death-one person, $1,000,000;
aggregate liability per accident, $1,000,000.
G. Limit of liability for property damage - $1,000,000 aggregate liability for loss per
accident.
8.01.015.1',Upon approval by the District, the applicant will be required to make application to the
appropriate planning and zoning agency for the specific land use approval for the site.
8.01.020 Relocation and Real Property Acquisition Guidelines-State and Federal laws require
public agencies to adopt rules and regulations that implement the requirements of the California
Uniform Relocation Act, Government Code Section 7260 et seq. and the United States Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C. Section 4601
et seq.)Section 7267.8 of the California Government Code provides that, with respect to federally
funded projects, public entities shall provide relocation assistance as required under federal law.
8.01.020.1 In implementation of the State Act, the District has adopted the Relocation Assistance
and Real Property Acquisition Guidelines, 25 California Code of Regulations Section 6000 et seq.,
as its rules and regulations for relocation assistance and real property acquisition. (See Exhibit A
attached to TDPUD Resolution No. 9322.)
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Title 8 Page 4
8.01.020.2 In implementation of the Federal Act, the District has adopted the Federal Guidelines,
49 CFR Part 24,as its rules and regulations for relocation and real property acquisition of federal or
federally-assisted projects. (See Exhibit B attached to TDPUD Resolution No. 9322.)
CHAPTER 8.04
EASEMENTS
Sections:
8.04.010 Use of Paved District Easements for Access to Privately
Owned Property
8.04.020 Abandonment or Relocation of Unused Easements
8.04.030 Grants of Easements of District Property
8.04.010 Use of Paved District Easements for Access to Privately Owned Property - The
Truckee Donner Public Utility District maintains paved easements throughout the District in order to
access its facilities. Occasionally, the access easement for the District is also the most reasonable
access to a property owner's parcel. The following steps are a guideline to determine in which
situations it is proper to permit a private property owner to use an existing paved District easement
for access to his property:
1. A petition shall be filed by the property owner requesting permission from the District to use
an existing paved District easement for access to his property;
2. Each petition is to be reviewed,by the General Manager on an individual basis, since each
such request will involve unique facts and circumstances;
3. If the General Manager decides to grant permission for use of its paved easement, it shall do
so by granting a revocable, non-transferable license. In no case shall the District grant an
easement or any other permanent property interest to a petitioner;
4. Before the General Manager will grant a license to a petitioner, the person who owns the
property underlying the paved District easement shall also agree, in writing, to the grant of
the revocable, non-transferable license;
5. Any license granted shall be revocable,and may be revoked by the District for any reason in
the District's sole discretion, with thirty days written notice;
6. The District shall grant a license only to the property owners who signed the petition, but the
license may extend to the petitioner's immediate family and guests;
7. The petitioner shall be required to keep the paved District easement free at all times from
parked vehicles or other obstructions. If the District easement is blocked by the petitioner,
such obstruction will be removed at the petitioner's expense;
8. In no case shall a petitioner's vehicle, garage, driveway, or any equipment or improvement
come within 50 feet of any existing District facilities, including District water tanks, pump
houses, and similar facilities.
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Title 8 Page 5
9. The petitioner shall bear equal responsibility with the District for the maintenance of that
portion of the paved District easement used by the petitioner. The petitioner shall be
required to pay to the District a yearly maintenance fee, which amount will be used for
maintenance of the easement. In the event that the cost of maintenance exceeds the
accumulated maintenance fee, then the petitioner shall be required to pay to the District the
amount of such excess;
10. Payment of $500 by petitioner shall accompany each petition presented to the District to
cover District costs related to review and preparation of the access documents.
8.04.010.1 The Petitioner's request that the District grant permission for use of one of its paved
easements for access by the property owner to his parcel shall be made>by petition using the
following steps:
1. The petition shall state that the petitioner understands that any license granted by the District
shall be non-transferable and shall be revocable, in the District's sole discretion. The
petitioner shall further acknowledge that should the District revoke the license, then the
petitioner would be required to obtain other access to any house, garage, or other
improvement on the petitioner's property. In view of this, the petitioner shall agree to
construct any house, garage, or other improvement so that the same can be reached
through alternate methods of access in the event that the District revokes any license
granted. Further, the petitioner shall agree that because any license granted will be
revocable, in the District's discretion, the petitioner shall not expend time and money on
improvements in reliance on the continued existence of the license, and the petitioner shall
waive the right to claim that the license has become irrevocable by virtue of the petitioner's
reliance on continued use of the license;
2. The petition shall list the full names of all property owners of record, including their mailing
addresses and telephone numbers,and shall contain notarized signatures of all such record
property owners;
3. The petition shall identify the petitioner's parcel by a full legal description, and by the
assessor's parcel number. The petition shall have attached to it as an exhibit a copy of the
recording subdivision map, if any, showing the petitioner's parcel and the existing District
easement. If no recorded subdivision map exists,the petitioner shall attach as an exhibit to
the petition a scale map of the petitioner's parcel, the District easement, and all adjoining
parcels, roads, and easements;
4. The petition shall have attached to it, as an exhibit, a copy of the most recent title report
issued with respect to the petitioner's property;
5. The petition shall state specific reasons why the petitioner needs access across an existing
District easement, and shall state specifically why the petitioner is unable to obtain alternate
access;
6. The petition shall state that the petitioner understands that any use of the District's easement
pursuant to a license granted by the District is permissive, and petitioner shall therefore waive
any right to assert at any time that he has acquired any rights to the easement by virtue of
prescription or adverse possession;
Revisions to Board
Title 8 Page 6
7. The petitioner shall agree to extend his homeowner's liability insurance policy to cover the entire
area of the easement that will be used by the petitioner, or, alternatively, to purchase a new
policy of liability insurance covering that portion of the easement used by the petitioner;
8. The petitioner shall agree to indemnify and hold the District harmless from any claims or
liabilities of any kind resulting from use of the license by the petitioner, his immediate family and
guests;
9. The petition shall state that the petition, or a license agreement if required by the District, may
be recorded by the District to put future purchasers on notice of the fact that the license is non-
transferable and revocable;
10. The petition shall acknowledge that a yearly maintenance fee shall be required of the petitioner,
and further acknowledge that the petitioner shall share equally with the District all costs of
maintaining the portion of the District's easement used by the petitioner, even if that amount
exceeds the accumulated amount of the yearly maintenance fee;
11. The petitioner shall acknowledge that the easement must be kept free of any parked vehicles or
other obstructions at all times, and that the petitioner shall pay the cost of removing any such
obstruction;
12. The petitioner shall acknowledge that he shall not locate a house,garage,driveway,vehicle or
other improvement within 50 feet of the nearest District facility;
13. The petition shall acknowledge that the license may be revoked by the District, in its discretion,
with 30 days written notice;
14. The petitioner shall acknowledge that the transfer or attempted transfer of the petitioner's real
property to any person other than those who signed the petition shall automatically and
immediately cause the revocation of the license;
15. The petitioner shall acknowledge that a license will be granted by the District only if the
owner of the property underlying the District easement also agrees to grant a license. The
petitioner shall acknowledge that it is his responsibility to obtain a commitment from the
owner of the property underlying the District easement to the grant of a license to the
petitioner.
8.04.010.2 Review of petition -A petition for access, as provided by the property owner, shall be
reviewed by the District Engineers. Upon review of the petition, should the access be deemed
acceptable, an agreement shall prepared for the access, including information provided within the
guidelines of this policy. The agreement shall be reviewed by District Counsel.
8.04.010.3 Action by Board of Directors - A decision to allow joint access shall be a Board level
decision. If the Board votes to allow joint access, it shall do so by resolution, said resolution setting
forth the pertinent facts giving rise to the access.
8.04.020 Abandonment or Relocation of Unused Easements -The purpose of this policy is to
guide the District in its decisions regarding abandonment or retention of unused easements or
relocation of existing easements as a result of lot line adjustments. At the time that development
occurs, there is uncertainty as to the need for the extension of water and electric lines. Based on
Revisions to Board
Title 8 Page 7
that uncertainty, it is prudent for the District to secure utility easements for future line extensions. As
an area completes its development, the uncertainties become less present, and certain reserved
easements can be abandoned or relocated. When a property owner petitions the District to
abandon or relocate unused reserved easements, the following procedures shall be followed.
It is the intent of this policy to protect the District's access to easements while giving property owners
the opportunity to clear their parcels of easement restrictions that will not be used in the future by the
District.
8.04.020.1 Form of petition - A request that the District abandon or relocate an unused easement
shall be made by petition in the following form. Petitions to abandon or relocate an easement shall:
1. Identify the parcel involved by referring to the recorded Book and Page number of the
Subdivision and the Assessor's Parcel Number,
2. Contain a sketch of the parcel and all adjoining parcels showing water and electric lines
serving said parcels;
3. Contain a sufficient description of the easement to allow the District to clearly identify what
easement is requested to be abandoned or relocated;
4. A description of why the petitioner requests the easement be abandoned or relocated;
5. Contain the name and notarized signature, as well as mailing address, of each owner of
record of the parcel on which the easement sits;
6. State whether any utility line of any type is presently using the easement, or has used the
easement during the past five years;
7. Contain the statement that petitioner is aware that the District makes no guarantee that its
quitclaim alone is sufficient to clear the title,of the easement;
8. Contain a statement that the petitioner shall pay any recording fees associated with
abandonment or relocation of the easement;
9. Payment of $500 by petitioner shall accompany each petition presented to the District to
cover District costs related to review and preparation of the necessary documents.
8.04.020.2 Review of petition - A petition to abandon or relocate unused easements shall be
reviewed by the District Engineers. The petition, proposed quitclaim deed and new easement if
applicable shall be reviewed by District Counsel.
8.04.020.3 A recommendation will be made to the General Manager taking into consideration the
District's future plans for the extension of utility lines.
8.04.020.4 Action by Board of Directors- A decision to abandon or relocate an easement shall be a
Board level decision. If the Board votes to abandon or relocate, it shall do so by resolution, said
resolution setting forth the pertinent facts giving rise to abandonment or relocation, and noting that
only the subject easement is being released in order to insure District retention of any other
easements located on the same parcel.
Revisions to Board
Title 8 Page 8
In making its decision, the Board shall consider future District plans for water and electric lines,the
proximity of the parcel to undeveloped property, and the reasons set forth by petitioner for
requesting abandonment or relocation.
8.04.020.5 Form of abandonment or relocation
1. Any abandonment of an easement specific to the Truckee Donner Public Utility District shall
be accomplished by quitclaim deed or abandonment of easement document;
2. Any relocation of an easement specific to the Truckee Donner Public Utility District shall be
accomplished by the District quitclaiming its interest in the old easement and the land owner
granting a new easement by grant deed to the District;
3. Any abandonment or relocation of a public utility easement shall be accomplished by a
abandonment of easement document executed by the General Manager and recorded with
the County in which the parcel is located.
8.04.030 Grants of Easements on District Property Whenever possible, the District will grant
licenses for a specified period of time in lieu of perpetual easements. Use of District easements
must include the following steps:
1. Request for easement shall be made to the General Manager or the District Engineers;
2. Request shall be in writing and shall include copies of each of the following documents:
a. Location and site map on an eight and one-half by eleven-inch sheet;
b. Legal description of easement;
c. Plat map of easement;
d. Plans and specifications for any construction,grading or other work to be done within
the easement, including profile drawings;
e. An environmental impact statement or negative declaration if required by CEQA and
the guidelines of the state and District.
3. A non refundable charge of$500 shall be paid to the District at the time an easement is
requested to cover the District's usual costs of processing the request.Any costs incurred by
the District in excess of $500, including costs of labor, materials, engineering, surveys,
appraisals, and overhead expenses shall be paid by the party requesting the easement;
4. The District shall determine the fair market value of the easement which shall be paid to the
District in full at the time of conveyance of the easement. The District may, in its discretion,
may assign the current market value per square foot to the easements covering an area not
in excess of four thousand square feet, unless the grantor objects,in which event the District
will obtain an appraisal of the easement.
5. Any easement,with a term of five years or less and a fair market value of less than$10,000,
may be granted by the General Manager or designee without additional authorization of the
Board of Directors. The granting of all other easement shall be specifically authorized by the
Board of Directors;
6. Lessee shall indemnify the District so that the District shall not be liable for any damage or
liability of any kind or for any injury to or death of persons or damage to property of Lessee
Revisions to Board
Title 8 Page 9
or any other person during the term of the lease,from any cause whatsoever, by reason of
the use, occupancy and enjoyment of the parcel by the lessee or any person thereon or
holding under said lessee, and that lessee will indemnify and save harmless the District from
all liability whatsoever, on account of any such real or claimed damage or injury and from all
liens, claims and demands arising out of the use of the parcel and its facilities,or any repairs
or alterations which the lessee may make upon the parcel;
7. Lessee shall furnish satisfactory proof, by certificate, presented to the District within fifteen
days of the date of the grant of easement,that he/she/it has comprehensive general liability,
public liability and property damage insurance. The insurance shall name the District as an
additional insured, be the primary insurance and protect both the lessee and the District, its
officers and/or agents against loss from all liabilities imposed by law, and shall be
maintained in full force and effect during the term of the grant of easement and in the
following amounts;
a. Limit of liability for comprehensive general liability-$1,000,000 aggregate liability for
loss per accident.
b. Limit of liability for personal injury or accidental death-one person, $1,000,000;
aggregate liability per accident, $1,000,000.
C. Limit of liability for property damage - $1,000,000 aggregate liability for loss per
accident.
8. Easements shall be for such limited purposes and subject to such conditions as the District
shall specify in the grant of easement. Unless otherwise expressly specified in the grant,the
easement shall be subject to the following conditions:
a. The use of the easement shall be subordinate to the paramount right of the District
to use its lands for utility-purposes.' No use of the easement shall cause any
substantial interference with the District's use of the land or with the operation,
maintenance, repair or installation of District facilities therein;
b. No building or portion of a building shall be within the easement area;
C. Upon completion of construction within an easement, the ground surface shall be
restored as near as possible to the condition it was in prior to the construction with all
rubbish and foreign materials removed and the area left in a safe and clean
condition;
d. Within thirty days after completion of any construction within the easement, an
accurate, detailed and reproducible "as built" drawing thereof shall be delivered to
the District.
9. The District, in its sole and absolute discretion, may approve, deny, or set any limitations or
conditions on any easement on District property and issue and, at any time, alter, amend,
modify, rescind, or revoke a Grant of Easement, all without recourse or remedy by the
requestor for an Easement or liability to the District. The District may also amend, modify or
rescind this policy at any time without recourse or remedy by any requestor or with liability to
the District.
Revisions to Board
Title S Page 10
CHAPTER 8.06
RECORDABLE DOCUMENTS
Sections:
8.06.010 Recordable Documents
8.06.020 Reporting Requirements Regarding Real Property and
Easements
8.06.030 Retention of Real Property Documents
8.06.010 Recordable Documents — All documents affecting the title to, or possession of, real
property owned by the District shall be recorded promptly upon execution by the authorized official of
the District in accordance with the recording status of the State of California.The General Manager
of the District is authorized as follows:
1. To accept and consent to the recordation of any deeds granting easements or any other
interest in real estate to the District;
2. To accept and consent to the recordation of any deeds or other documents which grant a
restriction on the grantor's real property in favor of the District;
3. To accept and consent to the recordation of any notices which the District has requested the
grantor record against the grantor's real property;
4. To accept, sign, and 'consent to the recordation of any deeds releasing or abandoning
easements owned by the District that the General Manager determines are not needed by
the District;
5. To sign documents on behalf of the District,directed to Nevada or Placer County, informing
such counties of the District's willingness to release or abandon public utility easements if
the General Manager determines that such easements are not needed by the District.
8.06.020 Reporting Requirements Regarding Real Property and Easements - The General
Manager is to submit to the Board of Directors in January of each year a report of all real property
and easements accepted or abandoned during the previous year with the exception of temporary
blanket easements and the subsequent abandonment when construction is deemed complete by
District staff
8.06.030 Retention of Real Property Documents
8.06.030.1 Original recorded real property documents shall be retained by the department
designated by the General Manager, or his/her designee, and in a manner so as to prevent
destruction from fire, flood, earthquake and other disasters.
8.06.030.2 Real Property Database The District shall maintain an inventory of all properties owned
in fee simple interest by the District, and each property shall be identified by use: operating, held for
future use and surplus.
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Title 8 Page 11
CHAPTER 8.08
IMPROVEMENTS
Sections:
8.08.010 Conditions of Acceptance
8.08.010 Conditions of Acceptance
8.08.010.1 All development agreements calling for works of improvement in an amount of$100,000
or more to be constructed pursuant to the District's standards and guidelines,shall be authorized by
Ordinance.
8.08.010.2 All development agreements calling for works of improvement in an amount less than
$100,000 to be constructed pursuant to the District's standards and guidelines, shall be authorized
by Resolution.
8.08.010.3 Acceptance of all works of improvement subject to the District's standards and
guidelines and constructed pursuant to a development agreement, shall be accepted for transfer
and dedication to the District, by Resolution.
CHAPTER 8.12
DISTRICT'COMPLEX
Sections:
8.12.010' Use of the Board Room
8.12.012' Public Art Display in District Headquarters
8.12.010 Use of the Board Room
8.12.010.1 The Board room of the Truckee Donner Public Utility District will be available on a first
come,first serve basis by other governmental agencies,for-profit organizations and by not-for-profit
organizations serving the Truckee community.
8.12.010.2 In all cases, the District use of the Board room takes priority over all others.
8.12.010.3 Governmental agencies and not-for-profit organizations may use the Board room at no
charge.
8.12.010.4 For-profit organizations may use the Board room and shall be charged a fee of$100 for
each days use of the Board room.
8.12.010.5 The General Manager, or his designee, shall maintain the schedule of use of the Board
room.
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Title 8 Page 12
8.12.010.6 The General Manager shall report annually during the month of January to the Board of
Directors regarding the use of the Board room by outside organizations during the previous year.
8.12.012 Public Art Display at District Headquarters
It is the policy of the District to display art work in the District headquarters building created by
local area artists under the terms set forth below.
8.12.012.01 Public Art Displays Public Art Displays are defined as watercolor, oil, pastel, pencil,
photographic and other forms of artwork hung in public areas within the District's facilities for a
period of no less than six(6) months.
8.12.012.02 Artistic Theme The theme of all artwork displayed in District facilities shall be Truckee
History, our local environment and/or Public Utilities. Such artwork must be politically neutral and in
good taste.
8.12.012.03 Liability All artisans displaying their work in District facilities must agree to and sign
a Public Art Display Waiver of liability in order for their work to be displayed in District Facilities.
8.12.012.04 Sale of Artwork All artwork will have a descriptive placard located in the bottom right
corner of the piece detailing the name of the piece, its price and artist contact information.
CHAPTER 8.16
DAMAGE TO DISTRICT PROPERTY
Sections:
8.16.010 General
8.16.010 General - In the event of damage to property owned by the District, which the Manager
believes to be the result of intentional and malicious activity, the District Manager is authorized to
advertise an offer of reward for information which leads to the arrest and conviction of those persons
responsible for the damage.
The amount of the reward shall be determined at the discretion of the District General Manager,but
in no event shall exceed the smaller of the sum of$1,000 or 10% of the amount of the estimated
damage.
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Title 8 Page 13
CHAPTER 8.20 (partial revision Aug. 08)
DISPOSAL OF DISTRICT PROPERTY
Sections:
8.20.010 Disposal of Surplus Inventory, Materials, Office
Equipment and Vehicles
8.20.020 Disposal of Real Property
8.20.010 Disposal of Surplus Inventory, Materials, Office Equipment and Vehicles
8.20.010.1 Items of inventory, materials,office equipment and vehicles considered by staff to be no
longer necessary shall be listed on an appropriate form and presented to the Manager.
8.20.010.2 For Items with an estimated value in excess of$1,000,the General Manager shall direct
that a Board Action declaring the items surplus be placed on an agenda for Board review and
approval. For items with an estimated value of less than the $1,000, the Board authorizes the
General Manager to dispose of the surplus inventory at his discretion.
8.20.010.3 The Manager shall for the disposal of surplus item, have the option of a trade-in
allowance for new replacement equipment, use of a contract auction company, or the public bid
process.
8.20.010.3 (A) If the public bid process is to be used, then the Manager shall advertise the sale of
the surplus items in the appropriate newspapers and journals.
i. In the event that no bids are received on some items, or the General Manager determines
that the bids received on certain items are not sufficient, the Board may authorize the
General Manager to dispose of such items at his discretion.
8.20.010.4 No Board member may bid on or purchase surplus property from the District. No person
who makes, participates in the making of, or influences the decision to dispose of surplus property
may bid on such items.This includes District staff,consultants,advisory committee members and all
other individuals who make, participate in the making of, or influence the decision regarding the
disposal of surplus property.
8.20.020 Disposal of Real Property
8.20.020.1 District real property is considered surplus when designated as such by the Board of
Directors.
8.20.020.2 Sale of District real property shall be in conformance with Government Code Sections
65402 and 54222.
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Title 8 Page 14
8.20.020.3 In accordance with Government Code Section 54221, in order to dispose of real
property owned by the District, parcels would be surveyed and appraised and existing utilities
identified.
8.20.020.4 The District would then offer the parcels for sale or lease in accordance with
Government Code Section 54222. The notice would be sent to any public agency developing low
and moderate income housing, to the local recreation and park district, to the State Resources
Agency and to the local school district.
8.20.020.5 If public agencies do not respond within 60 days, the District can then offer the land for
sale to private parties.
8.20.020.6 There is no requirement in state law or in District policies requiring that land be sold to a
private party by public bid process.The District may negotiate with adjacent land owners for sale of
land.
8.20.020.7 If a public agency does want to purchase the land, the District enters into negotiations
for a period of not less than 60 days, after which the property may be sold to any other party.
(California Government Code)
8.20.020.8 Approval of Sales of Real Property The Board shall approve any sale of real property.
8.20.020.9 Exchange of Surplus Property The steps must include the following:
1. Any proposed exchange of surplus property will require a finding-in-fact by the General
manager that there is greater overriding benefit from the property received than from the
surplus land being exchanged;
2. The Exchange of surplus property shall be approved by the Board of Directors, or as
delegated by the Board, to the General Manager or his or her designee.
8.20.020.10 Quit Claims The steps must include the following:
1. Quit claims of real property shall require the recommendation of the General Manager,
District Engineers and Technical Programs Administrator;
2. Execution of the quit claims shall be approved by the Board of Directors or, as delegated by
the Board, to the General Manager or his or her designee;
3. The financial consideration for the quit claim shall be fair market value at a minimum the
price paid by the District to originally purchase the property.
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Title 8 Page 15
CHAPTER 8.24
RECORDS, FILES AND DOCUMENTS
Sections:
8.24.010 Removal of Records, Files and Documents from
District Premises
8.24.010 Removal of Records Files and Documents from District Premises- It is the policy of
the District that no records,files or documents be removed from the premises without prior approval
by an employee's immediate supervisor or, in the case of management employees,approval by the
Manager.
CHAPTER 8.30
ENCROACHMENT POLICY
8.30.010 General
8.30.020 Definition
8.30 030 Implementation
8.30.040 Encroachment Review Process
8.30.050 Request for Encroachment Permit
8.30.060 Rights of Appeal
8.30.070 Encroachment Classifications and Encroachment Permit Costs
8.30.080 Limitation
8.30.010 General The intent of this policy is to define guidelines and parameters as it relates to
encroachments on Truckee Donner PUD(District)property.An"encroachment"is an entry onto or
use of District property without the District's explicit permission. Examples of encroachments are
fences, snow storage, wood or vehicle storage or buildings which have intentionally or
unintentionally been placed on District property.
The District, in its sole and absolute discretion, may approve, deny, or set any limitations or
conditions on any encroachment on District property and issue and, at any time, alter, amend,
modify, rescind, or revoke an Encroachment Permit for an encroachment, all without recourse or
remedy by an Applicant/Permittee for an Encroachment Permit or liability to the District. The District
may also amend, modify or rescind this policy at any time without recourse or remedy by any
Applicant/Permittee or with liability to the District.
8.30.020 Definition
8.30.020.1 "Encroachment"means an unauthorized entry onto or use of District property, including
removal or planting of vegetation, placement of structures or materials, snow removal or storage,or
other alteration of surface or landscape that may affect or alter the visual aspects and uses of
Truckee Donner PUD property.
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Title 8 Page 16
8.30.020.2 An"Encroachment Permit" is a contract between the District and the permit holder. An
Encroachment Permit is not
Pe Permit
perty right, such as an easement, nor does it confer a cannot be transferred with the sale of real personal property. It 1 is
right. The Encroachment
mandatory that the encroachment be abated with the sale of the property.
8.30.020.3 Each Encroachment Permit issued shall have a maximum term of one year and must be
renewed if the Permts tee would like the Encroachent for the same encroachment oachme t will Permit
not be g anted fort beyondend more than a total of five
Encroachment Permits
years.
8.30.020.4 The Encroachment Permit Category cannot change from to lesser one at anytime. It is possible, at the discretion of the District, o change the designation to
more severe category depending on the whether the encroachment expands in scope or becomes
more severe.
8.30.030 Implementation The steps must include the following:
1. It is the responsibility of a property owner to know the location of property boundaries, in
particular when use of that property causes an encroachment onto District property;
2. The District shall seek voluntary elimination of encroachments. Except where otherwise
specifically authorized,encroachments shall be removed and the District's property restored
to its pre-encroachment condition to the extent possible;
3. The party responsible for an encroachment may request an Encroachment Permit according
to the process set forth below, including providing information required to support the
following findings and payment of a fee. The fee will be based upon the category of the
encroachment;
4. The responsible party shall provide information to the District to verify and plan for the
adequacy of restoration required. The encroachment shall be removed and restoration shall
be completed prior to the expiration of the Encroachment Permit;
5. If the District finds that the encroachment has not been satisfactory corrected, and no
response is received within 10 days, the District shall notify the property owner, or other
responsible party, that the District may eliminate the encroachment, restore the effected
area, and charge the responsible party for incurred costs.
8.30.040 Encroachment Review Process
ent, the District's Technical Program Administrator
Upon the report or discovery of an encroachm
shall:
1. Investigate the encroachment to confirm that the area is or appears to be within the
boundaries of District owned property;
2. Notify the property owner or other responsible party of the encroachment by mail. The
notice shall include a description, which may include photograph or drawing of the
encroachment, and location, and shall request a response within 10 days of receipt of the
letter;
Revisions to Board Title 8 Page 17
3. If no response is received within 10 days, and the encroachment remains, the District will
notify the property owner or other responsible party of the encroachment by certified mail. If
after 10 additional calendar days there is still no response, the District shall take necessary
action, which may include legal action to remove the encroachment.
8.30.050 Request for Encroachment Permit The steps must include the following:
1. A party responsible for an encroachment may request an Encroachment Permit accordingly
by filling out and submitting an application form along with all applicable fees;
2. The encroachment shall not be contrary to any deed or other restriction for either parcel or
violate any local, state or federal statute, regulation or,ordinance;
3. The encroachment shall not detract from the visual character or use of the surrounding
properties as determined by the District;
4. The responsible party may pay an additional fee equivalent to the fair market value of the
land area directly affected by the encroachment depending upon the permanence of the
encroachment;
5. The Applicant/Permittee shall covenant and agree to indemnify,defend and hold the District
harmless from and against all claims, 'actions, or suits, for any loss, liability, injury, and
damage to person or property including attorneys'fees, experts'fees and costs,which may
be asserted against the District because of the Applicant/Permittee's encroachment of the
District's property;
6. The Applicant/Permittee shall furnish satisfactory proof, by certificate, presented to the
District within fifteen days of the date of the Encroachment Permit,
damage that
he/she/it
The
has
comprehensive general liability, public liability and property ga
insurainsurance shall name the District as an additional insured, be the primary insurance and
protect both the Applicant/Permittee and the District, its officers and/or agents against loss
from all liabilities imposed by law, and shall be maintained in full force and effect during the
term of the Encroachment Permit of the contract and in the following amounts:
a. Limit of liability for comprehensive general liability-$1,000,000 aggregate liability for
loss per accident.
b. Limit of liability for personal injury or accidental death-one person, $1,000,000;
aggregate liability per accident, $1,000,000.
C. Limit of liability for property damage - $1,000,000 aggregate liability for loss per
accident.
8.30.060 Rights of Appeal
8.30.060.1 If the Applicant/Permittee wishes to appeal the Encroachment Classification, the
Applicant/Permittee may request the decision to be reviewed by the General Manager of the District
by filing a request for review in writing. To be timely,the request for review must be received within
fourteen calendar days of the date of the original written decision. The decision of the General
Manager shall be conclusive and final.
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8.30.070 Encroachment Classifications and Encroachment Permit Costs
8.30.070.1 Category 1 (Minor)—Gardens or other intentional or unintentional plantings, escaping
from private property through propagation by root, tube, trunk, limb, vine or other non-wind borne
means and incidental use. Cost of a Category 1 Encroachment Permit-$150.00 per year.
8.30.070.2 Category 2 (Major) — Non-permanent structures and improvements, such as those
without durable and complete foundations. Non-permanent structures and improvements include
fences, paths, walkways, pavers, gravel, stone, earthen berms, earth fill, drainage across the
property,single a storage included
in permanent stru Cost of a Category 2 Encroachment Permit-$500 00 per year.ructotu
8.30.070.3 Category 3(Special)—Permanent Structures are such as those which utilize a durable
and complete foundation. Permanent structures include buildings, concrete patios, paved parking
areas, driveways, decks with foundations, masonry walls,sheds, and rip-rap. Cost of a Category 3
Encroachment Permit-$1000.00 per year.
8.30.070.4 The above lists are not all inclusive. The applicant must check with the District to
determine the encroachment classification for an encroachment.
8.30.070.5 Prohibitive items for which Encroachment Permits shall not be granted include, but are
not limited to,the dumping of any non-toxic/toxic and non-hazardous/hazardous material or waste;
including fuel, oil, green waste, the spraying of pesticides, herbicides and insecticides and
deposition of any toxic or hazardous material including fertilizers.
8.30.070.6 Category 1 and 2'Encroachments Permits shall be reviewed and acted upon by District
Staff.
8.30.070.7 Category 3(Special)Encroachment Permits requires review and action as an agenized
item before the Truckee Donner PUD Board of Directors at a regularly scheduled meeting.
8.30.070.8 Once a year District staff will gather information on all Encroachment Permits,the status
of the same and will provide an annual report to the District's Board of Directors.
8.30.080 Limitation
8.30.080.1 An Encroachment Permit as described above is temporary, vests no permanent rights,
and does not attach to the land. The Permit may be revoked upon a minimum of thirty(30)days'
notice, unless a shorter notice period is specified in the permit or is justified by an imminent or
substantial risk to harm to persons or property.
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