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HomeMy WebLinkAboutAgenda Truckee Donner Public Utility District Post Office Box 309 0 11570 Donner Pass Road a Truckee, California 95734 General Manager (916) 587-3896 Board®t Directors Peter L. HolzrrieiSter Joseph R.Aguera John L.Corbett REGULAR MEETING Richard K.Curran James A.Maass 7:00 P. M. - MONDAY, JANUARY 15, 1990 Patricia S.Sutton TDPUD BOARD ROOM A G E N D A 1 . Call to order 2 . Roll call 3 . Public input (7 :25 P.M. or as soon thereafter as possible) UNFINISHED, BUSINESS 4 . Consideration of billing dispute submitted by Frank and Linda Aldridge 5. Consideration of revision to bylaws regarding agenda format 6. Discussion of cable television possible direction NEW BUSINESS 7 . Hirschdale water system a) Resolution of intention to acquire improvements- assessment district b) Status report 8 . Authorization to amend lease of office space - California Department of Transportation 9 . Authorization for Manager to be signator on all District accounts ROUTINE BUSINESS 10 . Approval of minutes 11. Bills for approval 12 . Staff reports CONSENT AGENDA 13 . Acceptance of engagement letter for 1989 audit 14 . Award of bid for the purchase of poles 15. Authorization to renew lease of real property - California Highway Patrol 16 . Authorization to attend Special District Board Management Institute 17 . Correspondence CLOSED SESSION RETURN TO PUBLIC SESSION ADJOURNMENT Posted d mailed 1/1 0 Susan M. Craig, Deputy Distlft-ct Clerk i TRUCKEE DONNER PUBLIC UTILITY DISTRICT BILLS FOR BOARD APPROVAL - JANUARY 15, 1990 TOTAL ELECTRIC WATER DESCRIPTION --------------------------------_---------------------�----------- MC DONOUGH, HOLLAND & ALLEN INC 35.71 35.71 TRUCKEE RIVER ISSUES NEVADA COUNTY AUDITOR 3,611.07 2,665.43 945.64 PLACEMENT OF OUR SPECIAL ASSESSMENT CHARGES ON THE 89/90 TAX ROLL, (2031.16), NOVEMBER 7, 1989 SPECIAL DISTRICT ELECTION (1579.91) SAUERS ENGINEERING INC. 1,750.00 1,750.00 GATEWAY MAST RPLAN WESCO UTILITY 1,644.29 1,644.29 INV-ANCHOR, GUY SOCKET, RIDGID CLEVIS, CUTOUT, BOOT SHIELD, LOADBREAKER ------------------------------------ 7,041.07 4,345.43 2,695.64 RESOLUTION NO. 9004 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT INTENTION TO ACQUIRE IMPROVEMENTS ASSESSMENT DISTRICT NO. 1989-1 (HIRSCHDALE) BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The public interest, convenience and necessity require, and it is the intention of this Board to order the acquisition of the improvements more particularly described in Exhibit "A" hereto attached and made a part hereof. 2 . To the extent that work, rights, improvements or acquisitions indicated in the Engineer' s Report herein referenced are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this District, or of any public utility, it is the intention of this Board to enter into an agreement with such public agency or public utility, or both, pursuant to Chapter 2 (commencing with Section 10100) of Division 12 of the California Streets and Highways Code, which agreement may provide for, among other matters, the ownership, operation and maintenance by said agency or utility of such works, rights, improvements or acquisitions, and may provide for the installation of all or a portion thereof by said agency or utility and for the providing of service to the properties in the area benefiting from the work, rights, improvements or acquisitions by said agency or utility in accordance with its rates, rules and regulations, and that any such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of such agreement. 3 . Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that the work is shown on the plans herein referenced. 4 . All of the public ways herein mentioned are more particularly shown on maps of record in the office of the County Recorder of Nevada County, California, and are shown upon the plans herein referenced. 5. All of the work and improvements have been constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications herein referenced. 6. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not included on the plans, profiles and specifications. 7 . Notice is hereby given of the fact that in many cases the work and improvements has brought the finished work to a grade different from that formerly existing, and that to said extent the grades are hereby changed and that the work was done to the changed grades. S . This Board does hereby adopt and establish as the official grades for the work the grades and elevations shown upon the plans, profiles and specifications. All such grades and elevations are in feet and decimals thereof with reference to the datum plane of this District. 9 . In cases where there was any disparity in level or size between the improvements herein proposed to be acquired and private property, and where it was more economical to eliminate such disparity by work on the private property than by adjustment of the work on public property, it is hereby determined that it was in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, the work on private property was, with the written consent of the owner of said property, done and the actual cost thereof may be added to the proposed assessment of the lot on which the work was done. 10. The description of the improvements and the termini of the work contained in this resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work, and maps and descriptions, as contained in the Engineer' s Report to be made and filed as provided herein, shall be controlling as to the correct and detailed description thereof. 11. The contemplated improvements to be acquired, in the opinion of this Board, are of more than local or ordinary public benefit, and the cost and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which are shown on a map thereof on file in the office of the District Clerk (and ex-of ficio Secretary of this Board) , to which reference is hereby made for further particulars. The map indicates by a boundary lane the extent of the territory included in the proposed assessment district and shall govern for all details as to the extent of the assessment district. 12 . This Board declares that any publicly owned lot or parcel of land and all public streets and highways within the boundaries of the assessment district in use in the performance of any public function as such shall be omitted from the assessment to be made to cover the costs and expenses of the improvements to be acquired. 13 . Notice is hereby given that serial bonds to represent unpaid assessments, and to bear interest at the rate of not to exceed twelve percent (12 0) per annum, will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code (the Improvement Bond Act of 1915) , the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of September next succeeding twelve (12) months from their date or the date of any division thereof. The provisions of Part 11. 1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. It is hereby determined, and this Board hereby declares that the District will not obligate itself to advance available funds from the District treasury to cure any deficiency which may occur in the bond redemption fund. An even annual proportion of the aggregate principal sum of the bonds shall be payable on the second day of September in each year next succeeding the first twelve (12) months after their date until the whole is paid unless this Board, in its resolution providing for their issuance, determines that the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that is approximately equal each year, or, unless this Board, in said resolution, makes other determination of the amount of the aggregate principal of the bonds that shall fall due in each year. This Board reserves the right to classify assessments into different terms of maturity so that smaller assessments may be made to mature over a shorter period of time. Unpaid assessments and the .interest thereon, including in each case a fee to cover the expense of such collection as provided by law together with any fee in connection with the maintenance by the District of a registration system for the bonds, will be collected during the term of the bonds and shall be payable in the same manner and at the sane time and in the same installments as the general property taxes and shall be payable and become delinquent at the same tunes and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property. 14 . Pursuant to Part 14 of Division 10 of said Streets and Highways Code, this Board intends to covenant for the benefit of bondholders to commence and diligently prosecute to completion any foreclosure action regarding delinquent installments of any assessments which secure the bonds to be issued in the proceedings to represent unpaid assessments. 15. Pursuant to Part 16 of Division 10 of said Streets and Highways Code, this Board intends to include in the proceedings an amount to create a special reserve fund for the bonds to be issued in the proceedings to represent unpaid assessments. 16. Except as herein otherwise provided for the issuance of bonds, all of the improvements to be acquired shall be made as provided in the Municipal Improvement Act of 1913 , being Division 12 of said Streets and Highways Code. 17 . This Board intends to comply with the requirements of the Special Assessment Investigation, Limitation, and Majority Protest Act of 1931 (Division 4) by proceeding under Part 7 . 5 thereof. Accordingly, the Engineer of Work is directed to include all of the following information in the Engineer' s Report to be prepared pursuant to Section 18 hereof: (a) The total amount, as near as may be determined, of the total principal amount of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceedings, which would require an investigation and report under Division 4 against the total area proposed to be assessed. (b) The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed. Total true value may be estimated as the full cash value of the parcels as shoran upon the Last equalized assessment roll of the County of Nevada. Alternatively, total true value may be determined by other reasonable means, including, but not limited to, by adjusting the value shown on the last equalized assessment roll to correct for deviations from market value due to Article XIIIA of the California Constitution. 18 . The proposed improvements to be acquired are hereby referred to the District Civil Engineer, hereby designated the Engineer of Work for these proceedings, said Engineer of Work being a competent person employed by this District for that purpose, and said Engineer of Work is hereby directed to make and file with the District Clerk, ex-officio Secretary of this Board, an Engineer' s Report, in writing, pursuant to Section 10204 of said Streets and Highways Code, presenting the following: (a) Plans and specifications of the improvements proposed to be acquired; (b) An estimate of the cost of the improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvements, including any cost of registering bonds; (c) A diagram showing, as they existed at the time of the passage of this resolution, all of the following; (1) The exterior boundaries of the assessment district. (2) The boundaries of any zones within the assessment district. (3) The lines and dimensions of each parcel of land within the assessment Is district. Each subdivision, including each separate condominium interest, as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. The diagram may refer to the County Assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the Lines and dimensions of the parcels. (d) A proposed assessment of the total amount of the cost and expenses of the improvements proposed to be acquired upon the several subdivisions of land in the assessment district in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvements. When any portion or percentage of the cost and expenses of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the improvements, and the assessment shall include only the remainder of the estimated cost and expenses. The assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (c) of this Section. (e) A proposed maximum annual assessment upon each of the several subdivisions of land in the assessment district to pay costs incurred by the District and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. 19 . If any excess shall be realized from the assessment it shall be used, in such amounts as this Board may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the District, provided that the amount of any such transfer shall not exceed the lesser of $1, 000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment, provided that such surplus may, if this Board so determines, also be applied as a credit to the District or authority towards the cost and expenses of the improvements, in the proportion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions; or (c) For the maintenance of the improvements. 20. Notice is hereby given that it is the intention of this Board to consider adoption of an ordinance authorizing contributions by the District, from any sources of revenue not otherwise prohibited by law, any specified amount, portion or percentage of such revenues, for the purpose of acquiring the improvements or paying expenses incidental thereto for the use and benefit of the assessment district, and to consider authorizing application of such revenues as a credit upon the assessment. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting duly called and held within the District on January 15, 1990 by the following roll call vote: AYES: Aguera, Corbett, Curran, Sutton and Maass. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J s A. Maass, President ATTEST,L:-, Susan M. Craig, Deputy ristr' Clerk smc RESOLUTION NO. 9005 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING THE GENERAL MANAGER TO BE A SIGNATOR ON ALL DISTRICT CHECKING ACCOUNTS WHEREAS, the Nevada County Grand Jury Report of 1984 recommended that the General Manager of the District be authorized to countersign checks for the payment of invoices and payables ; and WHEREAS, it is the desire of the Board of Directors of the Truckee Donner Public Utility District to expedite the efficient operation of the District and to have ready for disbursement all checks when payments are due; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: That the General Manager of the District be authorized as one of the signators on each of the District' s checking accounts along with the Directors, and that the requirement for two signatures remain in effect. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting duly called and held within the District on the 15th day of January 1990, by the following roll call vote: AYES: Aguera, Corbett, Curran and Maass. NOES: Sutton. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J s A. Maass, President j 77�ATTEST: r Susan M. Craig, Deputy Dis ict Clerk s..c