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Home My WebLink AboutAgenda Truckee Donner Public Utility District Post Office Box 309 4 11570 Donner Pass Road ® Truckee, California 95734 (916)587-3896 General Manager Board of Directors Peter L. Holzmeister Joseph R.Aguera John L.Corbett Richard K.Curran James A.Maass SPECIAL MEETING Patricia S.Sutton J 7:00 PM - APRIL 8, 199 TOPUD BOARD ROOM AGENDA 1. Call to order 2 . Roll call 3 . PUBLIC HEARING REGARDING THE IMPOSITION OF WATER STANDBY CHARGES FOR PARCELS WITHIN PLACER COUNTY (7 : 00 PM or as soon thereafter as possible) 4 . Consideration of an ordinance fixing water standby charges on lands within the District boundaries to which water is made available and providing means for collection thereof (Placer County only) 5. Adjournment C E R T I F I C A T I O N I hereby certify that the foregoing agenda has been posted in the District office and Government Center, provided to the U. S . Post office d County Library for posting, and mailed to the Directors and i terested part' es on April 3 „ 1991. Susan M. Craig, Deputy istrict Clerk PROTEST LETTERS -- WATER STANDBY . PLACER COUNTY April 8, 1991 Jon & Cindy Traeger AP## 080-380-01 Mr. and Mrs. Joachim Busch AP## 080-350-13 O DIRA5CS 50. 9105 OF TFMX TRUCKEE DURRER PUB L I C UT I L T TY D r STR I C T FIXING WATER STANDBY CHARGES ON CERTAIN LANDS WITHIN THE PORTION OF THE DISTRICT' S BOUNDARIES ENCOMPASSING THE COUNTY OF PLACER TO WHICH ;',LATER IS MADE AVA I LA S PURPOSE, FIND FROVIDINU MEANS THEREOF WHEREAS, on February 18, 1975, the Board of Directors (the "Board" ) of the Truckee: Donner Public utility District (the "District" ) duly adopted Ordinance No . 7541 fixing electric and eater standby charges on lands within the District boundaries and providing a means for collection thereof ; WHEREAS, on August 16, 1982, the Beard adopted Resolution No . 8240 amending Ordinance 7501 to include Placer as well a$ Nevada County; WHEREAS, on March 18 , 1991, the Board adapted Resolution No. 9i-11 which initiated the procedure to raise water standby charges in the District in accordance with the Uniform Standby Charge procedures Act (Sections 54984 11 Wig, of the California Government Code) (the "Standby Charge Act" ) ; and KHEREAS, in accordance with the Standby Charge Act , the District gave notice and held a public hearing on April 8, 1991 regarding the imposition of water standby charges; NOW, THERE'FORZ, 5E !T RESOLVED by the Board or Directors of the Truckee Donner Public Utility District as follows : SECTION 1 . Amendment of Ordinance No . 7501 and �c M �R 1 . 1 This Ordinance hereby supersedes Ordinance No . 7501 and Resolution No . 8240 to the extent that such Ordinance and Resolution concern the fixing of water stend.by charges in the County of Placer . To this end, Sections 1 . 2 , 3 . 2 and 6 . 2 of Ordinance No . 7501 and any other references to water standby- charges in the County of Placer in Ordinance No . 7501 and Resolution No . 8240 are hereby repealed . Ordinance No . 7501 and Resolution NO . 8240 as they relate to electric stan3bY charges shall refrain in fall force and effect . 1 2677004/33 SECTION 2 . rzaneral AmthL r � 2 . 1 The water standby charge fixed by this ordinance is hereby enacted and imposed by virtue of the authority set forth in Section 54984 at spa . of the Government Cade of the State of California . 2 . 2 The means for collection of such water standby charges are enacted by virtue of the provisicns of Sections 54564 at 5%. of the Government Code, and Sections 16541, at MA. of the Public Utilities Code, of the State of California. SECTION 3 . AP.p I031_0�1 3 . 3 she water standby charges shall apply to all vacant lands or parcels within that portion Of the District ' s boyndaries encompassing the County of Placer , whether currently in existence or hereafter created th ough lot splits , subdivi- sions or other methods, to which, water is made available for any purpose by the District . 3 . 2 The water standby charges shall not apply to MY vacant land permanently dedicated exclusively to transpertati" of persons or property. SECTION 4 . 4 . 1 The rate for such water standby charges shall be are annual charge not to exceed Eighty Dollars ($80 . 00) for any parcel , SECTION 5 . � motion cf Chi 5 . 1 Once per year , on or before June lst of each year, or at such other time as may be required by law, the Board by resolution shall determine and fix the annual charges applicable for the ensuing year and shall specify- therein the lands, Fats and parcels to which the charges shall apply along with the charge applicable to each such Land, lot or parcel . 5. 2 The annual charges so fixed may vary frern time to time and in different localities within the District , depending upon factors determined by the Board, and as provided by law. 5 . 3 Immediately after detarmini_,g and fixing such charges a certified coPY of such resolution shall be given to the Auditor of the W unty Of P18cst . 2 2677004/=3 5 .4 'there shall be no e; elr�pt:.onS to the charge Or charges fixed and imposed by this ordinance eXcePt for those exemPticns specifically stated herein or otherwise authorized by law, All exempticns shall be approved by the Board hater standby entities crageciesas shall iablesubject charges imposed on Public to the provisions of Sections 54593 at �• , pP 5 . 5 For the purposes of this ordinance, determination of lot or parcel location and ownership shall be based upon Cho latest available records of the Assessor ' s office of the County of placer, State of California . In�na SECTION 6 . A v 6 . 1 Except as otherwise provided herein, the annual charge Or charges hereby imposed are subject to Payment in advance. 5 .2 The annual charge or charges hereby oTimPosed �sra fixed on a basis of twelve (12) calendar months , he lst day of July of each year and ending on the last day of June of each succeeding year thereafter . 6 . 3 The owner of the lands within payment of the charge boundaries District shall be responsible for charges hereby imposed. SECTION 7 . =vi ski 7Y _i16 . , r 7 . 1 For the purposes of this ordinance, eater shall be deemed available and the charge or charges hereby imposed shallT be applicable to all vacant lands , parcels or lots within. the District ' s boundaries, whether currently in existence, or hereafter created through lot splits, subdivision, or other methods as follows : whenever there is a District .rater di.,, rib rt uticn �- _.. A e not less than two (`2) inches in diameter installed within 100 feet of the nearest exterior boundary line of any such parcel , 7. 2 All determinations of availability made by the Beard shall be deemed final . SECTION 8 . TAWKWn ant payme-M $. I pursuant to the aforesaid provisions of the California Government Code and the cajifornia Public Utilities charge Or charges fired and imposed by this ordinance Grade, the cx.a � � t�, annual assessment shall be added to and Become a part o_ the levied by the County of P15cert State of califor;ia , on the ceI5 or 10t3 to which appii cabin� Said charge or 3 25770 4133 charges shall be added to the assessment and are hereby harge oaY declared to be a lien on the land. � �id pract cerandGpayable be divided Pursuant to county asses._ment P `Y in two installments , By this ordinance, and. ,Pursuant to the the District does hereby mail itself authority granted by Saw, of and elects to use the assessment and collection procedures of the County of Placer, State of California, as applicable, and said County, by and through its assessor , auditor , tax collector, and ary or all. other offices or persons connected therewith are authorized and, directed to assess and collect to charge or charges all as enacted here -� at the sane time e charge or the same manner as county taxes - charges so collected, shall , Pursuar�tetocl `�re and dthe hpractice of such County, be paid over to the Distr'iat . 8 . 2 Enforcement of the collection by the County of Placer shall be by the same means as is provided by law for enforcement of liens fOr "unty taxes to and including sale of delinquent property, Penalties , interest and redemptions , all as provided by law. SECTION 9 . 9 , 1 If any provisions Of this ordinance or the applica- tion thereof to any person, land, lot or parcel be held invalid or L:7l,CtJI:StI.t1Xtioilal by a court Of Competent jurisdiction, such decision shall not affect the other Previsions of this ordinance. 9 . 2 Except as otherwise provided herein, the Manager of the District as charged with the enforcement of the provisions of this ordinance. Nothing herein contained shall be construed to limit the authority of the hoard to amend, supplement or change this ordinance at any timefrom time to time. or Further, the Board may adopt rules and regulations consistent with the terms of this ordinance and pursuant to law, to the end that the terms hereof be efficien.tlY, fairly and uniformly applied, and ter he further be achieved end ` hat for purposesion with as stated herein. County of Place he.rein. 9 . 3 All other rules, regulations , resolutions , ordinances , and charges applicable to the District' s system, ;works and facilities are hereby ratified and shall continue in effect, unless the same be deemed inconsistent herewith. SECTION 10 . EffaMAlva 10 . 1 This ordinance shall become effective thirty 00) days after its enactment and shall be j rY posted water p�Ii�;$li:�hed pursuant to lair, provided, hV1'wn}��'r , that the ate standby 2677004/33 charge or charges set forth herein and Section 1 0� t:azs Ordinance reyard; ng the amendment and the repeal of portions of ordinance No . 7501 and Resolution No . 8240 of the District concerning water standby charges in the County of Placer shall not be deemed effective until the lst gay of july, 191, and water standby charges in the County of Placer shall continue to be imposed under the authority Of No n f d in 40 manner dir the ected by Ordinance No. 7501 and Resoluti until such date. 5 2677004/33 passed and adopted this ath day of April , 1991 , by the following xo11 call vote, at a meeting of the Board of DireCtors of TRUCKEE-DONINER P7.JBLIG UTILITY DISTRICT, held within the District . AYES: Jahn L. Corbett Richard K. Curran Patricia S . Sutton Joseph R. Aguera NOES: Nuns. ASSENT. James A. Maass TRUCKEE DONNER PUBLIC UTILITY DISTRICT BY S ph Aguera Preaide €t ATTEST'. t s ut D rict Clerk Su an Deputy 5 �67lpp4/33