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HomeMy WebLinkAboutRES 2011-08 - BoardResolution No. 2011 - 08 Requesting Collection of Donner Lake Assessment District Annual charges on Placer County Tax Roll WHEREAS, the Truckee Donner Pub1*iPublicUtil'ity District on May 2, 2001 adopted Resolution No. 2001-09 making determinations, acquisition and construction of i Donner Lake Water Assessment confirming assessments and proceedings, ordering the mprovements and taking certain other actions relating to District No. 00-1; and WHEREAS, the Truckee Donner Public Utility District requests the County ui Placer collect on the County tax rolls certain charges which have been imposed hv the District for the fiscal tax year 2011 -201 2 , and WHEREAS, the County has required as a condition of the collection of said charges that the District warrant the legality of said charges and defend and indemnify the County from any challenge to the legality thereof. NOW, THEREFORE, BE IT RESOLVED by Public Utility District as follows: the Board of Directors of the Truckee Donner 1. The Auditor -Controller of Placer County is requested to attach for collection on the County tax rolls those assessments attached hereto. 2. The District and being requested to be collected by Placer County comply with all requirements of state law, including but not limuted to Constitution (Proposition 218). warrants and represents that the assessments imposed by the District Articles X111C and X111D of the California 3. The District releases and discharges County, and its officers, agents and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of the collection by county of any assessments on behalf of District. 4. The District agrees to and shall defend, indemnify and hold harmless the county, its officers, agents and employees (the "Indemnified Parties")from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of the collection by County of any of District's said Resolution 2011-08 1 assessments requested to be collected by County for district, or in any manner arising out of District' the event a i s establishment and imposition ot assessments. Ulstrict agrees ir ai, in udg ent is entered in a court of Parties as a result of the collection of one of D-is law against any of the Indemnified tralct's assessments the County may offset the amount of the judgment from any other monies co behalf of District, including property taxes. liected by County on 5. Tv P District agrees that its officers, agents and employees will cooperate with the County in answering questions referred to District bN County from any person concerning the District's assessments and that District will not refer such persons to County officers and employees for response. 6. The District agrees to pay such reasonable and ordinary charges as the County may prescribe to recoup its costs in placing on the tax rolls and. collecting the assessments as provided by Government Code section 29304 and 51800. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on June 1, 2011 by the following roll call vote: AYES: Directors Aguera, Bender, H eig, Hillstrom and Lal*lotis NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT E i ATTEST0 : Michael D. Holley, i v - District Clerk Resolution 2011-08 2