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WATER AND ELECTRIC FACILITIES FEE ORDINANCE 8903 Section one LEGISLATIVE FINDINGS The Hoard of Directors of the Truckee Donner Public Utility District finds, determines and declares that: A. Truckee Donner Public Utility District must expand its water and electric facilities in order to maintain current standards of public health if new development is to be accommodated without decreasing current standards of public health. H. The imposition of facilities fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of water and electric facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare; C. Connecting to the District water and/or electric system will create a need for the construction, equipping, or expansion of water and electric facilities. D. The fees established by section Seven are derived from, are based upon, and do not exceed the costs of providing additio- nal water and electric facilities necessitated by the connection to the District' s water and electric systems, E. The report entitled "Connection and Facilities Fee Analysis's dated 1986 sets forth a reasonable method and analysis for the determination of the impact of new development on the need for and costs for additional water facilities within the Truckee Donner Public Utility District. F. The report entitled "Electric Facilities Fee Analysis", dated 1989 sets forth a reasonable method and analysis for the determination of the impact of new development on the need for and costs for additional electric facilities within the Truckee Donner Public Utility District. G. The Truckee Donner Public Utility District has accepted water facilities from the developer of the Tahoe Donner Subdivision which will allow for its complete buildout. These facilities were intertied with the existing integrated water system, and therefore provided an excess capacity. This capacity is ultimately for the use of the Tahoe Donner Subdivision at its builldout. Because the excess capacity is so great, the District has chosen not to replicate existing excess facilities. The District has accepted, and will continue to accept contributions for future construction from subsequent 2 new development, with the understanding that new development is "borrowing,$ the existing excess capacity. The funds collected will be used for construction of facilities at such time as they are deemed necessary, which will be dependant upon the buildout of Tahoe Donner. Because of this excess capacity, the funds collected for replacement of "borrowed" facilities will be used at a period in time which may exceed the five year limitation as identified in Section Eleven, Paragraph (A) . Section Two SHORT TITLE, AUTHORITY AND APPLICABILITY A. This ordinance shall be known and may be cited as the 'Truckee Donner Public Utility District Water and Electric Facilities Fee Ordinance.,, B. The Board of Directors of the Truckee Donner Public Utility District has the authority to adopt this ordinance pursuant to the Public Utility District Act within the Public Utilities Code of the State of California. C. This ordinance shall apply within the boundaries of the Truckee Donner Public Utility District to parcels served by the Truckee Donner Public Utility District water and/or electric systems. Section Three INTENTS AND PURPOSES A. This ordinance is intended to assist in the implementation of the Truckee Donner Public Utility District Master Plan. B. The purpose of this ordinance is to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide water and electric facilities within the Truckee Donner Public Utility District service area. Section Four RULES OF CONSTRUCTION A. The provisions of this ordinance shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare. 3 B. For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the following rules of construction shall apply to the text of this ordinance: (1) . In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table, or illustrative table, the text shall control. (2) . The word "shall" is always mandatory and not discretionary; the Word '?may" is permissive. (3) . Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. (4) . The phrase '[used for'$ includes "'arranged for", "designed for"", "maintained for", or "'occupied for". (5) . The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. (6) . Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", Etor"" or "either. . .or".. the conjunction shall be interpreted as follows: (a) . "And" indicates that all the connected terms, conditions, provisions or events shall apply. (b) . "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (c) . "Either. . .or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (7) . The word "includes'" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (8) . "General Manager" means the General Manager of the Truckee Donner Public Utility District or the District representative that he/she may designate to carry out the administration of this ordinance. 4 Section Five DEFINITIONS A. "Capital Equipment" is equipment with an expected use life of three years or more. B. "Connection to the Water and/or Electric system" is the physical connect of a building, structure or use of land to the Districtis water and/or electric lines, no matter if such connection is made through or by intermediate lines. C. "Electric Facilities" are defined as the individual distinct components within the electric system such as transformers, poles, cable and conductor. D. "Electric System" is defined as the integrated network that distributes electricity throughout the District to its customers. E. ' Applicant" is a person applying for connection to the District' s water and/or electric system. F. "Water Facilities" are defined as the individual distinct components within the system such as a source, storage tank, disinfection equipment, booster pump station or pipeline. G. 'Water System" is defined as the integrated network that supplies, disinfects, transmits, stores and distributes water throughout the District to its customers. section six IMPOSITION OF WATER AND ELECTRIC FACILITIES FEE A. When computing a fee pursuant to this ordinance, the District shall prepare and retain a written memorandum containing the following information: 1.. Identify the purpose of the fee; 2 . Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. The identification may, but need not, be made by reference to a capital improvement plan, may be made in applicable general or specific plan require- ments, or may be made in other public documents that identify the public facilities for which the fee is charged; 5 3 . Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; 4 . Determine how there is a reasonable relationship between the need for the public facility and the type of develop- ment project on which the fee is imposed; 5 . Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. B. Any person who, after the effective date of this Ordinance seeks to connect to the Truckee Donner Public Utility District water system is hereby required to pay a water facilities fee in the manner and amount set forth in this ordinance. C. Any person who, after the effective date of this Ordinance seeks to connect to the Truckee Donner Public Utility District electric system is hereby required to pay an electric facilities fee in the manner and amount set forth in this ordinance. Section Seven COMPUTATION OF THE AMOUNT OF WATER AND ELECTRIC FACILITIES FEES A. When computing a fee pursuant to this ordinance, the District shall prepare and retain a written memorandum containing the following information: 1. Identify the purpose of the fee. 2 . Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. The identification may, but need not, be made by reference to a capital, improvement plan, may be made in applicable general or specific plan require- ments, or may be made in other public documents that identify the public facilities for which the fee is charged. 3 . Determine how there is a reasonable relationship bet- ween the fee' s use and the type of development project on which the fee is imposed. 4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. 6 S. Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. B. At the option of the applicant, the amount of the water and/or electric facilities fee may be determined by the District' s facilities fee schedules in effect at the time of application. Said fee schedules have been attached hereto as Exhibits A and B, and incorporated herein by reference. C. In the case of change of use, redevelopment, or expansion or modification of an existing use which requires a new, replacement, or additional connection to the District' s water system, the facilities fee shall be based upon the net increase in the size of the meter for the new connection over the size of the meter for the previous connection. D. In the case of change of use, redevelopment, or expansion or modification of an existing use which requires a new, replacement, or additional connection to the District' s electric system, the facilities fee shall be base upon the net increase in the amperage and voltage of the electrical panel for the new connection over the amperage and voltage of the previous electrical panel.. E. If an applicant opts not to have the facilities fee determined according to paragraph (A) of this section, then the applicant shall prepare and submit to the General Manager an independent fee calculation study for the land development activity for which a connection to the District' s water and/or electric system is sought. The independent fee calculation study shall, follow the prescribed methods and formats for the study established by the Guidelines and Procedures Manual adopted by motion of the Board of Directors of the Truckee Donner Public Utility District. The documentation submitted shall show the basis upon which the independent fee calculation was made. The General Manager shall consider the documentation submitted by the applicant but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the applicant to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the applicant shall pay water and electric facilities fees based upon the schedule referenced in paragraph (A) of this section. If an acceptable indepen- dent fee calculation study is presented, the General Manager may adjust the fee to that appropriate to the particular development. Determinations made by the General Manager pursuant to this paragraph may be appealed to the Board of Directors by filing a written request with the General Manager within ten (10) days of the General Manager' s determination. 7 Section Eight PAYMENT OF FEE A. The applicant shall pay the water and electric facilities fee required by this ordinance to the General Manager or his designee prior to connection to the District' s water and/or electric system B. All funds collected shall be properly identified by and promptly transferred for deposit in the appropriate Water and Electric Facilities Fee Trust Fund to be held in separate accounts as determined in Section Ten of this ordinance and used solely for the purposes specified in this ordinance. Section Nine WATER AND ELECTRIC FACILITIES FEE TRUST FUNDS ESTABLISHED A. There are hereby established two (2) separate Facilities Fee Trust Funds: (1) the Water Facilities Fee Trust Fund and (2) the Electric Facilities Fee Trust Fund. B. Funds withdrawn from these accounts must be used in accordance with the provisions of Section Ten of this ordinance. Section Ten USE OF FUNDS A. Funds collected from water and electric facilities fees shall be used solely for the purpose of acquiring, equipping, and/or making capital improvements to water and electric facilities under the jurisdiction of the Truckee Donner Public Utility District, and shall not be used for maintenance or operations. B. Funds from the Water Facilities Fee Trust Fund may only be used for water facilities purposes and funds from the Electric Facilities Fee Trust Fund may only be used for electric facilities purposes. Funds shall be expended in the order in which they are collected. C. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which water and electric facilities fees may be expended, facilities fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the a facilities provided are of the type described in paragraph A above. . D. At least once each fiscal period the General Manager shall present to the Board of Directors a proposed capital improvement program for water and electric facilities, assigning funds, including any accrued interest, from the several Water and Electric Facilities Fee Trust Funds to specific water and electric facilities improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same Water and Electric Facilities Fee Trust Funds until the next fiscal period except as provided by the refund provisions of this ordinance. E. Funds may be used to provide refunds as described in Section Eleven. F. Funds may be used to rebate developer costs for providing water and/or electric capital facilities in excess of the capacity required to the individual developer making the provision. Any rebates must be pursuant to a refunding agreement between the developer and Truckee Donner Public Utility District after the effective date of this ordinance. Prior refunding agreements may be re-negotiated in order to bring such agreements into accord with the provisions of this ordinance. Section Eleven REFUND OR ENCUMBRANCE OF FEES PAID A. Any funds not expended or encumbered by the end of the calendar quarter immediately following five (5) years from the date the water and/or electric facilities fee was paid shall, upon application of the then current landowner, be returned to such landowner with interest at the rate of six percent (6%) per antrum, provided that the landowner submits an application for a refund to the General Manager of the Truckee Donner Public Utility District within 180 days of the expiration of the five year period. B. The District may, however, encumber funds prior to the end of the calendar quarter immediately following five (5) years from the date the water and/or electric facilities fee was paid. The District may make determinations that, in the interest of proper system expansion, and in order not to replicate facilities such as those identified under Section One, Paragraph G, funds may be held in excess of five years. Once said determinations are made, the District shall thereafter review said determinations on an annual basis. 9 Section Twelve EXEMPTIONS AND CREDITS A. The following shall be exempted from payment of the facilities fee: (1) Alterations or expansion of an existing building where no additional or larger water connections are requested and where the use is not changed. (2) Alterations or expansion of an existing building where no additional or greater capacity electrical panels are requested and where the use is not changed. (3) The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water connections are requested and where the use is not changed. (4) The replacement of a building or structure with a new building or structure of the same size and use where no additional or greater capacity electrical panels are requested and where the use is not changed. . Any claim of exemption must be made no later than the time of application for connection to the District Is water and/or electric system. While it is inherently the applicantis responsibility to claim an exemption, the District will make every effort to notify the applicant if he is subject to an exemption. B. Credits: (1) Water and electric facilities capital improvements may be offered by the applicant as total or partial payment of the required facilities fee. The offeror must request a water and electric facilities fee credit. If the General Manager accepts such an offer, whether the acceptance is before or after the effective date of this ordinance, the credit shall be determined and provided in the following manner: (a) Credit for the dedication of land shall be valued at (i) 115% of the most recent assessed value by the Nevada or Placer County Property Appraiser, or (ii) by such other appropriate method as the Board of Directors may have accepted prior to the . effective date of this ordinance for particu- io ........................................ lar water and electric facilities improvements, or (iii) by fair market value established by private appraisers acceptable to the District. Credit for the dedication of water and electric facilities land shall be provided when the property has been conveyed at no charge to, and accepted by, the District in a manner satisfac- tory to the Board of Directors. (b) Applicants for credit for construction of water an electric facilities improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the General Manager. The General Manager shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the General Manager determines that such estimates submitted by the applicant are either unreliable or inaccurate, The General Manager shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the water and electric facilities fee component(s) to which the credit will apply, the reason for the credit, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy Of such letter or certificate indicating his agreement to the terms of the letter or cer- tificate and return such signed document to the General Manager before credit will be given. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit. (c) Except as provided in subparagraph (d) , credit against facilities fees otherwise due will not be provided until: (i) the construction is completed and unconditionally accepted by the District, or (ii) a suitable maintenance and warranty bond is received and approved by the General Manager, when applicable. (d) Credit may be provided before completion of specified water and electric facilities improve ments if adequate assurances are given by the 11 ® applicant that the standards set out in Sub paragraph (c) will be met and if the applicant posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the General Manager in an amount determined by the General Manager. if the water and electric facilities construction project will not be constructed within one (1) year of the acceptance of the offer by the General Manager, the amount of the security shall be increased by ten per cent (10%) compounded, for each year of the life of the security. The security shall be reviewed and approved by the General Manager prior to acceptance of the security by the District. if the water and electric facilities construction project is not to be completed within 5 years of the date of the applicant' s offer, the Board of Directors must approve the water and electric facilities construction project and its scheduled completion date prior to the acceptance of the offer by the General. Manager. (2) Any claim for credit must be made no later than the . time of application for connection. While it is inherently the applicant's responsibility to claim the credit, the District will make every effort to notify the applicant that a credit may be available. Any claim not so made shall be deemed waived. (3) Credits shall not be transferable from one project or development to another without the approval of the Board of Directors. (4) Credits shall not be transferable from one component of the water and electric facilities fee to another component of this fee. (5) Determinations made by the General Manager pursuant to the credit provisions of this section may be appealed to the Board of Directors by filing a written request with the General Manager within ten (10) days of the General Manager' s determination. 12 Section Thirteen REVIEW The fees contained in Section Seven (A) shall be reviewed by the Board of Directors at least once each fiscal period. Section Fourteen ENFORCEMENT PROVISION Truckee Donner Public Utility District shall have the power to sue in civil court to enforce the provisions of this ordinance. Section Fifteen SEVERABILITY If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall, be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. section Sixteen CONFLICT In the event of any conflict between this ordinance and state law, including Government Code sections 66000- 66009, state law shall control. Section Seventeen EFFECTIVE DATE This ordinance shall become effective on December 6, 1989. 13 Exhibit A WATER CONNECTION AND FACILITIES FEE SCHEDULE AVAILABILITY Service hereunder is available throughout the District's service area. APPLICABILITY The charges hereunder are applicable to all applicants for service at the locations not previously served by the District. RATE The initial charge for service: to applicants under the District' s water tariff shall consist of a connection fee, and if applicable, a tapping and facilities fee as follows: CONNECTION FACILITIES SIZE OF SERVICE PIPE FEE FEE 5/8 x 3/4" $ 350.00 $1,333 .00 3/411 350.00 2,133 .00 I" 425.00 4,266.00 1-1/2" 800 .00 8,533 .00 2" 1,075.00 17,066.00 3" and above Actual Cost Determined by District TAP and/or ROAD CROSSING If a tap and/or road crossing is necessary, the charge will be the actual cost. Ordinance No. 8605, Adopted 08-20-86 14 Exhibit B ELECTRIC CONNECTION AND FACILITIES FEE SCHEDULE APPLICABILITY The charges hereunder are applicable to all applicants for service at locations not previously served by the District or where the serving capacity of an existing service is increased to greater than that previously served by the District. The initial charge for service to applicants under the District' s electric tariff shall consist of a connection fee and, if applicable, a facilities fee as follows; CONNECTION FEE FACILITIES FEE SINGLE-PHASE, 120/240 SERVICE THREE-WIRE OVERHEAD 1. Temporary Actual cost -0- 2 . Permanent connection to structure $450.00 Residential $200.00 Commercial $ 80 / KW 3 . Temporary connection to customer owned power pole and subsequent transfer to structure $575. 00 Residential $200.00 Commercial $ 80 / KW SINGLE PHASE, 120/240 SERVICE THREE-WIRE UNDERGROUND 1. Permanent connection to structure $600.00 Residential $200.00 Commercial $ 80 / KW 2 . Temporary connection to customer owned power pole; removal of same and instal- lation of underground perma- nent service to structure $775.00 Residential $200. 00 Commercial $ 8o / KW 15 HREE PHASE, 108, 240 OR 480 KV SERVICE 1 FOUR-WIRE OVERHEAD 1. Permanent connection to structure Actual Cost $ 80 / KW 2 . Temporary single phase 120/240 service for construction purposes - to become three phase permanent $175.00 -0- THREE PHASE, 208, 240 OR 480 KV SERVICE FOUR-WIRE UNDERGROUND 1. Permanent connection to structure Actual Cost $ 80 / KW 2. Temporary single phase 120/240 service for construction purposes - to become 'three phase permanent $175.00 -0- Ordinance No. 8404, Adopted 10/04/84 16 Truckee Donner Public Utility District A D M I N I S T R A T I V E C O D E FOR IMPLEMENTATION AND COLLECTION OF FACILITIES FEES Guidelines and Procedures Manual, as adopted November 6, 1989 Effective December 6, 1989 T A B L E O F C O N T E N T S econ Page chapter/S„ t . .,,,...,,..� I. INTENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 II. IMPOSITION OF FACILITIES FEES . . . . . . . . . . . . . . . . . . . . 3 A. Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Payment Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. Determination of Fee . . . . . . . . . . . . . . . . . . . . . . . 4 D. Expiration of Service Application & Building Permits . ► • . . . . . . • • . . . . . • . . . . . . . . . . . ► . . . . . . . . . 4 III. DETERMINATION OF FEE BASED ON FEE SCHEDULES . . . . . . 4 A. Fee Schedule for New Service (Residential, Commercial, Industrial, Mobile Homes) . . . . . . . . . 4 B. Change of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. Auxiliary Uses . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . 5 D. House Moves and Mobile Home Moves . . . . . . . . . . . . 5 E. Recreational Vehicles. . . . . . . . . . . . . . . . . . . . . . . . 5 F. Replacement of Pre--Existing Unit. . . . . . . . . . . . . . 6 IV. ADMINISTRATIVE DETERMINATION OF FEES . . . . . . . . . . . . . 6 A. Administrative Determination of Fees . . . . . . . . . 6 V. INDEPENDENT FEE CALCULATION STUDY . . . . . . . . . . . . . . . . 7 A. Independent Fee Calculation Study . . . . . . . . . . . . 7 B. / Pre-Application Meeting . . . . . . . . . . . . . . . . . . . . . . 7 C. Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J D. Sufficiency Determination . . . . . . . . . . . . . . . . . . . . 8 E. Determination of Fee . . . . . . . . . . . . . . . . . . . . . . . . . 8 F. Notification of Applicant . . . . . . . . . . 8 VI. USE OF FACILITIES FEE FUNDS . . . . . . . . . . . . . . . . . . . . . . 8 A. water . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . 8 [F B. ater. . . ♦ . . . ♦ . . . . . . . . . . ♦ . ♦ . . . . . • • • . . . . . . . . . . . . 9 C. Fireflow. . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . • . . . . . . lid D. Electric"' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 VII. FACILITIES FEE CALCULATION/ASSESSMENT PROCESS• � ie : 12 A. Project Plan Review. . . . . . . . . . . . . . . . . . 12 VIII. EXEMPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 A. Must be Claimed ByFee Payers 12 B. Total Exemptions . . . . ♦ . . . . . . . . . . . . . . . . . . . . . ♦ . • 12 IX. CREDITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 A. Water and Electric System. . . . . . . . . . . . . . . . . . . . . 13 X. COLLECTION OF FACILITIES FEES . . . . . . . . . . . . . . . . . . . . 17 A. Assessment and Payment of Facilities Fees. . . . . 17 XI. ADMINISTRATIVE REVIEW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 A. By District Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . 18 B. By General Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 XII. APPEALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 A. Appeal to Board of Directors. . . . . . . . . . . . . . . . . . 19 XIII. ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 A. Civil Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 B. Code Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 XIV. AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ATTACHMENTS A. Water Connection and Facilities Fee Schedule. . . 20 B. Electric Connection and Facilities Fee Schedule 21 C. Zones of Benefit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2 Guidelines and Procedures I. INTENT The following guidelines and procedures are intended to provide guidance to staff in administering Distract Water and Electric Facilities Fee Ordinance Numbers 8404, 8605, and 8903 . Tables and forms are provided for use in determining the amount of the facilities fee for each land development activity. Terminology used herein corresponds to the definitions of words or phrases as defined an Ordinance Numbers 8404, 8605, and 8903 . The District PublicEn ineer of the Truckee Donner gUtility District is hereby designated ted by the Gener al Manager to car ry out the general administration of the Ordinance. II. IMPOSITION OF FACILITIES FEES A. Applicant Any person who, after the effective date of the Ordinance, seeks to obtain water and/or electric service in order to make an improvement to land which will generate additional impacts on the District' s water and/or electric systems, shall be required to pay facilities fees in the manner and amount set forth in the Ordinance. B. Payment Due The facilities fees must be paid prior to the validation (issuance) of a county building permit for any activity requiring payment of a facilities fee. Payment shall be made in the form of cash, personal check, cashier' s check, or money order payable to the Truckee Donner Public Utility District. (See Chapters VIII and X) . Because the issuance of the building permit is the responsibility of the local county building departments, the applicant shall pay the facilities fees to the Truckee Donner Public Utility District, using the receipt of payment as verification to the building departments of payment, for the issuance of the permit. 3 C. Determination of Fee The amount of the facilities fees shall be determined by the District Engineer as the designee of the General Manager. The District Engineer shall determine the amount of the fee, whether the method of determination is based on the fee schedules of the ordinance, an administrative determination of the fee, or an independent fee calculation study. 1. All Projects. The amount of the facilities fee shall be determined by the District Engineer at the time that the applicant applies for water and/or electric service. D. Expiration of Service Applications and Building Permits if an application for service or a building permit expires, is revoked, or is voluntarily surrendered and is, therefore, voided and no construction has commenced, then the applicant shall be entitled to a refund, without interest, of the facilities fees which were paid as a condition for its issuance. The District shall retain the account setup portion of the fee to offset a portion of the costs of collection and refund. The applicant must submit an application for such a refund to the Engineering Department within 30 days of the expiration of the application/permit. If a refund has been received by the applicant, the applicant must pay the appropriate facilities fees if he reapplies for the service or permit. Conversely, if an application for service or a building permit expires and no refund has been issued, an applicant will not have to pay the fee again if he reapplies for the permit on the same lot, parcel, or tract. A credit for previous payment of facilities fees must be requested by the applicant. While it is inherently the responsibility of the applicant to request the refund, the District will make every effort to notify the applicant if he is subject to a refund. Any exemption or credit not so requested at the time of reapplication shall be deemed waived by the applicant. A refund of the facilities fee shall not be granted if the building permit expires, but water and/or electric services have been installed. In this case the applicant would not have to pay facilities fees if he reapplies for water and/or electric service. The applicant shall be responsible for requesting any credits. 4 III. DETERMINATION OF FEE BASED ON FEE SCHEDULES 40 A. Fee Schedules for New Service: Residential, Commercial, Industrial, Mobile Homes At the option of the applicant, the amount of the fee can be determined by the following fee schedules, which have been attached hereto as Exhibits A and B: water Facilities Fee Schedule, Ordinance No. 8605 (Exhibit A) Electric Facilities Fee Schedule, Ordinance No. 8404 (Exhibit B) B. Change of Use In the case of a change of use, redevelopment, or modification of an existing use which requires additional water or electrical capacity, the facilities fee shall be based upon the net increase in the facilities fee for the new use as compared to the previous use. The amount of the facilities fee that is due as a result of the change in capacity shall be determined at the time that the applicant applies for the service. The facilities fee shall be paid prior to the provision of service and prior to the issuance of a building permit for construction or remodeling should the issuance of a building permit be necessary. Under no circum- stances will a refund of the facilities fee be granted for change of use. C. Auxiliary Uses No fee shall be assessed for auxiliary land uses, such as a clubhouse or tennis court in an apartment complex, unless water or electrical services are requested. However, insofar as the auxiliary use may require additional fireflow, excess fireflow facilities fees will be assessed. D. House Moves and Mobile Home Moves Facilities fees shall be assessed for house moves and mobile home moves, if an electric and/or water service is requested. E. Recreational Vehicles (RV' s) 1) Developed RV Parks. No facilities fees shall be assessed for "move-in" of a recreational vehicle in a developed RV park. 5 2) New, Phased, or Seasonal RV Parks. When building permits/slab permits are issued for construction of a New, Phased, or Seasonal RV Park, the facilities fees for a mobile home residence shall be assessed based upon the size of service (s) requested. The facilities fees shall be paid prior to the issuance of the first building permit. 3) New Units in a Pre-Existing RV Park. For any applicants who are required to get a mobile home permit to add a new unit to pre-existing RV parks, facilities fees shall be assessed in the same manner as a new mobile home. 4) RV' s Located Outside of RV Parks. RV owners who apply for a building permit, or for water or electrical hook-up, shall pay the facilities fees at the same rate as a mobile home (one time) and are entitled to the same exemptions as mobile home owners. F. Replacement of Existing Buildings A replacement building will be allowed without payment of a facilities fee, provided that no additional impact will be produced on the water and/or electric systems over and above that produced by the original use of the land (e.g. , if the existing building is torn down, destroyed by fire or other natural disaster, or otherwise eliminated or moved off of the site, or if the original structure is converted to a utility building, garage, or other non-residential/non-commercial use) . in the latter example, the permit applicant shall document such conversion. IV. ADMINISTRATIVE DETERMINATION OF FEES A. Administrative Determination of Fees Whenever possible, facilities fees shall be assessed in accordance with the size of service in the fee schedules adopted in the Facilities Fees Ordinances. If the applicant disagrees with the facilities fees based on the fee schedules in the ordinances or determined administratively, the applicant may prepare an independent fee calculation study in accordance with Section 7B of the Ordinances. 6 V. INDEPENDENT FEE CALCULATION STUDY A. Independent Fee Calculation Study If a applicant shall opt not to have the facilities fee determined according to the fee schedule in section 7A of the Ordinances or determined administratively, then the applicant shall prepare and submit an independent fee calculation study in accordance with Section 7B of the Ordinances and this Guidelines and Procedures Manual. B. Pre-Application Meeting Before beginning the independent fee calculation study, the applicant or his representative shall attend a pre-application meeting held jointly between the District and Developer. C. Guidelines The independent fee calculation study shall follow the methods and formats which are agreed upon during the pre-application meeting and accord with any documentation or method required by the appropriate ordinance. If the applicant wishes to waive the pre-application meeting he must do so in writing. The independent fee calculation study shall be prepared and presented by a registered professional engineer (civil if water, electrical if power) , licensed within the State of California. The method shall be consistent with best professional practice and support the central claim of the study. The study shall provide all necessary supporting documentation and information. The results of the independent fee calculation study shall be submitted to the District Engineer and Developer.' The independent fee calculation, by definition, deals with exceptions to the fee schedule. As a result, it is impossible to write specific rules, rather, administrative procedures must be generic and general. This stricture in turn creates the problem of scope-- how to keep out irrelevant material while still retaining all relevant information. The means by which this is done is the pre-application meeting. 7 D. Sufficiency Determination The District Engineer will review the independent fee calculation study for the appropriate facilities fee for sufficiency, method, technical accuracy and findings. The review for sufficiency should be completed within 30 days after submission. The date at which the independent fee calculation study is found to be sufficient, or 30 days after submission if there is no finding, shall be the effective date for payment of fees established pursuant to an independent fee calculation study. E. Determination of Fee The final determination of the amount of the facilities fee shall be made by the District Engineer, based on his/her own review of the documentation presented." F. Notification of Applicant Within 30 days of submittal of the independent fee calculation study, the Engineering Department shall notify the applicant in writing of the acceptance, conditional acceptance, or rejection of the study. If the applicant disagrees with the findings of the Department, the applicant may appeal the decision (see Chapter XI and X11) . VI. USE OF FACILITIES FEE FUNDS A. General I. Administration. The District shall be entitled to up to but not more than 2 .5% of the funds collected as compensation for the expense of collecting and administering the water and electric system facilities fee ordinance. For the Truckee Donner Public Utility District that collecting entity shall be the Engineering Department. 2 . Refunds. Funds may be used to provide refunds as described in Section II D - Expiration of Applications for Service and Building Permits - of this manual. Funds may also be used to make refunds required under any Development Agreement heretobefore or hereafter issued or entered into by Truckee Donner Public Utility District as such refunds pertain to the subject matter of the Ordinances. 3 . Order of Expenditure. Funds shall be expended in the order in which they were collected. 8 shah. Rnot4 .be used Operations and Facilities fees funds _ t or routine maintenance or operations. B. Water 1. Ca ital Improvements. Funds collected from water facilities fees shalt be used for the purpose of capital improve- ments to and expansion of water system facilities associated with the source, storage, pumping and transmission and distribution network as designated by Truckee Donner Public Utility District and under the jurisdiction of said District. A "capital improvement" includes system planning, preliminary engineering, engineering design studies, land surveys, land acquisition, rights-of-way acquisition, site improvements, building construction, equipment, engineering, permitting, and construction of all the necessary features for any water system construction project, including but not limited to: (a) construction of new or upgrading of existing sources; (b) construction of new or upgrading of existing storage tanks; (c) construction of new or upgrading of existing pumping facilities; (d) construction of new or upgrading of existing transmission and/or distribution facilities; (e) relocating utilities to accommodate new construction. 2. Priorities Consistent with Master Plan. Priorities for the use of water facilities fees must be consistent with the District' s Master Plan and Capital Improvements Plan as adopted by the Board of Directors. 3. Annual Capital Improvements Planning. Each fiscal. period the General Manager shall present to the Board of Directors a proposed capital improvement program for water, assigning funds, including any accrued interest, from the several Water Facilities Fee Trust Funds to specific water improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same Water Facilities Fee Trust Funds until the next fiscal period. The programming of water system capital improvements will primarily be the responsibility of the District Engineer. However, the Engineer shall assure that all system improvements are consistent with the Ca ital Improvements Program and the Truckee Donner Public _.Utility District Master Plan. Such coordination by the District Engineer may include recommendations regarding the prioritization of projects and the expenditure of facilities fee funds to the General Manager. 9 4 . Facilities Fee Zones of Benefit (as identified and included in this Manual as Attachment C) . Funds shall be used exclusively for: (1) capital improvements or expansion within the zones of benefit, from which the funds were collected, or (2) for projects in zones of benefit that are of direct benefit to the development from which the funds were collected. C. Fire Facilities 1. Capital Improvement. Funds collected from excess fireflow facilities fees shall be used for the purpose of capital improvements to and expansion of District water facilities. Capital improvements include planning, land acquisition, site improvements, off-site improvements associated with new or expanded facilities, buildings and equipment, including communications equipment, with an average useful life of at least three (3) years. 2. Priorities Consistent with Master Plan. Because the Truckee Fire Protection District is responsible for fare protection services, priorities for the use of fireflow facilities fees shall be consistent with the District's Master Plan as adopted by the Board of Directors, but the District shall take comments made by the Truckee Fire Protection District on issues related to priority of construction under advisement. 3. Annual Fire Capital Improvements Planning. (a) The District shall enter into interlocal agreements with the Truckee Fire Protection District concerning the construction of water system improvements which may benefit the fire protection system. D. Electric 1. Electric Ca ital Improvements. Funds collected from electric facilities fees shall be used for the purpose of capital improvements to and expansion of electric system facilities associated with the distribution of electricity within the Truckee Donner Public Utility District. A "capital improvements includes system planning, preliminary engineering, engineering design studies, land surveys, land acquisition, rights-of-way acquisition, site improvements, building construction, equipment, engineering, permitting, and construction of all the necessary features for any electric system construction project, including but not limited to: . (a) construction of new or upgrading of existing substations; 10 (b) construction of new or upgrading of existing overhead distribution facilities; (c) construction of new or upgrading of existing underground distribution facilities; (d) relocating utilities to accommodate new construction. 2 . Priorities Consistent with Master Plan. Priorities for use of electric facilities fees must be consistent with the District' s General Plan as adopted by the Board of Directors. 3 . Annual Ca ital Improvements Plannin . Each fiscal period the General Manager shall present to the Board of Directors a proposed capital improvements program for the electric system, assigning funds, including any accrued interest, from the Electric Facilities Fee Trust Funds to specific electric system improvements projects and related expenses. Monies, including any accrued interest not assigned in any fiscal period shall be retained in the same Electric Facilities Fee Trust Funds until the next fiscal period. The programming of electric system capital improvements will primarily be the responsibility of the District Engineer. The Engineering Department shall assure that all facilities fee expenditures are consistent with the Capital _Improvements Plan and the District' s General Plan as adopted by the Board of Directors. 4. Facilities Fee Zones of Benefit (as identified and included in this Manual as Attachment C) . Funds shall be used exclusively for: (1) capital improvements or expansion within the zones of benefit, from which the funds were collected, or (2) for projects in zones of benefit that are of direct benefit to the development from which the funds were collected. VII. FACILITIES FEE CALCULATION/ASSESSMENT PROCESS. A. Project, Plan Review The facilities fee calculation shall be part of the review process for all projects for which water or electricity is requested. The calculation form which is attachment xx to this manual illustrates the method for calculating most facilities fees. VIII. EXEMPTIONS. A. Must Be Claimed by Applicant An exemption must be claimed by the applicant at the time of the application for service. while it is inherently the applicant' s 11 responsibility to claim the credit, the District will make every effort to notify the applicant if he/she is subject to an exemption. B. Total Exemptions The following shall be exempted from payment of all Facilities Fees: 1. Alteration or expansion of an existing residential building where no additional units are created and where the use is not changed. 2. The construction, of accessory buildings or structures provided that no water or electrical service is provided by the District, nor have fireflow requirements increased. 3. The replacement of a residential land use unit with a new unit of the same type and use, provided that the capacity of the existing services have not increased, nor have the fireflow requirements increased. 4. The replacement of a non-residential building or structure with a new building or structure, provided that the capacity of the existing services have not increased, nor have the fireflow requirements increased. IX. CREDITS A. Water and Electric System An applicant may obtain credit against all or a portion of facilities fees otherwise due or to become due by offering to dedicate non-Site-Related right-of-way and/or construct non-Site Related system improvements. Any claim for credit must be made no later than the time of application for service. Although it is inherently the applicant' s responsibility to claim the credit the District shall make the applicant aware that credits may be available to him. Any claim not so made shall be deemed waived. Credits are of two types: (1) Voluntary and non-Site-Related. Credits for electric or water system improvements or right-of-way dedications shall be given in accordance with District Ordinance 89--03 and this Facilities Fee Manual. No credit shall be given for i 12 site-related improvements and/or right-of-way dedications. up to 50% of the facilities fee may be paid by the use of credits.z (2) Mandatory or Required. All Mandatory or Required right-of-way dedications and/or water and electric system improvements made by an applicant, subsequent to the effective date of this ordinance, except for site-related improvements, shall be credited on a pro rata basis against facilities fees otherwise due or to become due for the development that prompted the District to require such dedica- tions or system improvements. The General Manager reserves the right to determine the amount to be credited, obtaining input from the District Engineer as well as the information required from the applicant claiming credit, as outlined in Part 1 of this section, below. The offer to construct in lieu of or dedicate right-of-way shall be made in an application with the Engineering Department identifying the capital improvements and/or rights-of-way dedications for which credits are claimed. If the General Manager or his designee conditionally accepts such an offer, whether the acceptance is before or after the effective date of this ordinance, the credit shall be determined and provided in the following manner: 1. Documentation. An applicant claiming credit for non-site related capital, improvements and/or right-of-way dedication shall provide the following information to the Engineering Department during development review or prior to application for service: Construction of Capital Improvements (a) Documentation -- The applicant shall submit a project description in sufficient detail and with complete cost estimates prepared by qualified professionals, to allow the Engineering Department to prepare an engineering and cost estimate. Right-of-Way ,Dedication (a) When a person requests credit for land dedication for approved system improvements, he shall present: (I) a specimen of the deed which he proposes to use to convey title to the District; Z This percentage should reflect the administrative retainer. 13 (2) a title opinion written by an attorney licensed in the State of california and rendered within sixty (60) days of submission thereof, the content of which is satisfactory to the District' s legal counsel and verifying that the proffered deed will convey unencumbered fee simple title to the District; (3) a certified copy of the most recent assessment of the property for tax purposes; (4) documentation appropriate to such other method of valuation as the Board of Directors may have accepted prior to the effective date of this ordinance for particular right-of-way dedications and/or system improvements; (5) at the option of the applicant, valuation may be set by fair market value established by private appraisers acceptable to the District. Documentation appropriate to this method of valuation shall meet the following standards: (i) the property appraisals shall be prepared by qualified professionals; (ii) in preparing their reports:, appraisers shall value the land at its then current zoning and without the improvements for which the dedication is offered or the permit in question is sought, unless the land in question is subject to a valid agreement, zoning approval or development order which prescribes a different valuation, in which case the agreement, zoning approval or development order shall control. 2 . Suffic iency. The Engineering Department shall prepare engineering .and cost estimates and a determination of sufficiency. In order to be eligible for credits, system improvements or rights-of-way dedications must meet the following standards: (a) It must be related to the mitigation of impacts from the development for which the service(s) have been applied; (b) The term "site-related improvement" refers to capital improvements and right-of- way dedications for system improvements to and/or within the development in question, including but not limited to the following: (1) water sources; (2) water storage facilities; (3) pumping facilities; (4) transmission and distribution facilities; (5) electrical substations. 14 (c) "improvements to and/or within the development in question", shall refer to capital improvements and right-of Is - way dedications for any system improvement whose function at the time of its construction is primarily to provide water and/or electric service to the development. (d) The same guidelines which apply to the use of facilities fees limit those system improvements which are eligible for credits. (e) Credits shall not be given for system improvements which do not meet District design standards. 3 . Determination of Credit. The District Engineer shall determine credit for system construction based upon either the cost estimate s provided by the applicant or upon alternative engineering criteria and construction cost estimates if the District Engineer determines that such estimates submitted by the applicant are either unreliable or inaccurate. Credit for the dedication of right-of-way shall be valued at: (i) 115% of the most recent assessed value by the Nevada or Placer County Property Appraiser, or (ii) by such other appropriate method as the Board of Directors may have accepted prior to the effective date of this ordinance for particular right-of-way dedications and/or system improvements, or (iii) at the option of the applicant, by fair market value established by private appraisers acceptable to the District. The District Engineer retains the right to independently determine the amount of credit to be approved or recommended by securing other engineering and construction cost estimates and/or property appraisals for those improvements and/or right-of-way dedications through the use of the methodology described in Section 7B. The District Engineer shall provide a written determination as to which capital improvements and/or right-of-way dedications are eligible for credits and what the amount of the credit shall be for each. Copies of the written determination shall be provided to the applicant and the General Manager. The written determination shall include the following: (i) the dollar amount of the credit, (ii) the reason for the credit, and (iii) the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his agreement to the terms of the letter or certificate and return such signed document to the Engineering Department before credit will be given. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit. 15 4 . Credit Payment for Construction. Except as provided in (4) (d) below, credit against facilities fees otherwise due will not be provided until: (a) the construction is completed and unconditionally accepted by the District; (b) a suitable maintenance and warranty bond is received and approved by the District, when applicable; and (c) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with the then current District standards, when applicable. (d) Credit may be provided before completion of specified system improvements if adequate assurances are given by the applicant that the standards set out in (4) (c) above will be met and if the applicant posts security as provided below for the costs of such construction. Security in the form of a perfor- mance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the District in an amount determined by the District Engineer consistent with the then current District standards. If the system construction project will not be constructed within one (1) year of the acceptance of the offer by the District, the amount of the security shall be increased by ten percent (10%) compounded, for each year of the life of the security. If the system construction project is not to be completed within 5 years of the date of the applicant's offer, the Board of Directors must approve the system construction project and its scheduled completion date prior to the acceptance of the offer by the District. S. Credit Payment for Right-of-Way Dedication. Credits for land dedication shall be created when the following procedures have been completed and the title to said land has been accepted by the Distract and recorded in the Official Records of the Clerk of Nevada or Placer County: (a) The delivery to the District of a deed, with sufficient funds to pay all costs of transfer of title including recording. (b) The escrow of taxes for the current year, or the payment of said taxes for the year. (c) The issuance of a title insurance policy subsequent to recording of the deed and escrow of taxes. s. Transfer of Credits. Credits shall not be 10 transferable from one project or development to another without 16 the approval of the Board of Directors, and may only be transferred to a development in a different Zone of Benefit upon . a finding by the Board of Directors that the dedication of right of way or system construction for which the credit was given benefits such different Zone of Benefit. 7 . Recalculation of Credits. In the event fee schedules are subsequently changed to reflect increases or decreases in construction costs or other relevant factors, then an applicant may request a recalculation of credits to fairly reflect such changed circumstances. X. COLLECTION OF FACILITIES FEES A. Assessment and Payment of Facilities Fees Before a building permit number is issued by the county building department, the permit clerk verifies that the fees have been paid by the applicant. This confirmation is based upon receipt of the standard District Application for service. By agreement with the Counties of Nevada and Placer, no building permit shall be issued unless full payment of all facilities fees is made. XI. ADMINISTRATIVE REVIEW Service applicants who wash to have a review of decisions or determinations by the District staff, shall state their grievance in writing and submit it in the following manner: A. Administrative Review by District Engineer If the service applicant is dissatisfied with the decisions or determinations made by the Engineering Department staff, he may apply for a review of the recommendation by submitting a letter to the District Engineer which states the nature of the service applicant's dispute with the Engineering Department staffs recommendation. The District Engineer shall review the application within 10 days of the date when the written application was presented. The permit applicant shall be provided with a reasonable opportunity to present his case to the District Engineer. Similarly, any departmental personnel named in the application will be provided with the same opportunity to defend or explain their decisions. Following the presentation of both sides of the dispute, the Distract Engineer shall agree on the substance of a recommendation, which shall be put in writing. 17 SB. Administrative Review by General Manager If the service applicant is dissatisfied with the District Engineer' s recommendation, he may apply for a review of the recommendation by submitting a letter to the General Manager which states the nature of the applicant' s dispute with the District Engineer' s recommendation. On the basis of the applicant's letter, the written recommendation of the District Engineer, and any oral testimony which he may wish to obtain, the General Manager shall, within 15 days of the receipt of the application of the District Engineer' s recommendation, provide a written response to the aggrieved party. XII. APPEALS. service applicants who wish to appeal administrative decisions or determinations by the District Manager, shall state their grievance in writing and submit it to the Clerk of the Board. A. Appeal to Board of Directors If the applicant is dissatisfied with the decision of the General Manager, he may appeal the decision to the Board of Directors by filing a written request with the Clerk of the Board within ten (10) days of the General Manager' s decision. Nothing in this manual or in the ordinances precludes any permit applicant, who is dissatisfied with the determination of the Board of Directors from seeking a judicial remedy. B. The District must provide service to the project if the appropriate facilities fees are paid, and the project has received county approval. Any reduction of facilities fees resulting from an appeal shall be by refund. No interest will be paid on overpayment. XIII. ENFORCEMENT A. Civil Action The District or any applicant shall have the power to sue in civil court to and enforce the provisions of the Facilities Fee Ordinances. B. Code Enforcement In addition to the enforcement language in Section XII A, the staff of the District may be authorized by the General Manager to . enforce specified provisions of the ordinances. 18 XTV. AMENDMENTS All additions or changes to the Facilities Fees Guidelines and Procedures Manual shall be subject to review and approval by the Board of Directors as agenda items during the regular meetings of the Board. Copies of the manual as revised and approved by the Board, and any subsequent amendments approved by the Board of Directors, shall be made available to all District Staff who administer facilities fees and shall be made available to members of the general public, upon request, at the District offices. 19 iExhibit A WATER CONNECTION AND FACILITIES FEE SCHEDULE AVAILABILITY service hereunder is available throughout the District' s service area. APPLICABILITY The charges hereunder are applicable to all applicants for service at the locations not previously served by the District. RATES The initial charge for service to applicants under the District's water tariff shall consist of a connection fee, and if applicable, a tapping and facilities fee as follows: CONNECTION FACILITIES SIZE OF SERVICE PIPE FEE FEE 5/8 X 3/4" $ 350.00 $ 1,333.00 3/4" 350.00 2,133.00 3/410 lot 425.00 4,266.00 1-1/2" 800.00 8,533.00 2" 1,075.00 17,066.00 3" and above, Actual Cost Determined by District TAP and/or ROAD CROSSING If a tap and/or road crossing is necessary, the charge will be the actual cost. . Ordinance No. 8605, Adopted 08-20-86 20 .... ..... ......... ..................... .......................... ..._. ELECTRIC CONNECTION AND FACILITIES FEE SCHEDULE Exhibit B APPLICABILITY The charges hereunder are applicable to all applicants for service at locations not previously served by the. Distract or where the serving capacity of an existing service is increased to greater than that previously served by the District. The initial charge for service to applicants under the District' s electric tariff shall consist of a connection fee and, if applicable, a facilities fee as follows: CONNECTION FEE FACILITIES FEE SINGLE-PHASE, 120/240 SERVICE THREE-WIRE OVERHEAD 1. Temporary Actual, cost -0- 2 . Permanent connection to structure $450.00 Residential $200 .00 Commercial, $ 80 / KW 3. Temporary connection to customer owned power pole and subsequent transfer to structure $575.00 Residential, $200 .00 Commercial. $ 8o / KW SINGLE PHASE, 120/240 SERVICE THREE-WIRE UNDERGROUND 1. Permanent connection to structure $600.00 Residential $200 .00 Commercial $ 80 / KW 2 . Temporary connection to customer owned power pole; removal of same and instal- lation of underground perma- nent service to structure $775.00 Residential $200.00 Commercial $ 80 / KW 21 THREE PHASE, 108, 240 OR 480 KV SERVICE FOUR-WIRE OVERHEAD 1. Permanent connection to structure Actual Cost $ 80 / KW 2 . Temporary single phase 120/240 service for construction purposes - to become three phase permanent $175. 00 -0- THREE PHASE, 208, 240 OR 480 KV SERVICE FOUR-WIRE UNDERGROUND 1. Permanent connection to structure Actual Cost $ 8o / KW 2 . Temporary single phase 120/240 service for construction purposes - to become three phase permanent $175.00 -0- Ordinance No. 8404 , Adopted 10/04/84 22 Exhibit C ZONES OF BENEFIT of the TRUCKEE DONNER PUBLIC UTILITY DISTRICT WATER AND ELECTRIC SYSTEM WATER ZONES OF BENEFIT Gateway Area Airport Area l Downtown, with sub- zones Tahoe Donner Area, with sub-zones Prosser Area, with sub-zones Armstrong Area Olympic Heights Area Southside Area, with sub-zones ELECTRIC ZONES OF BENEFIT Tahoe Donner System Donner Lake System Martis Valley system Truckee System (including Truckee, Prosser, Gateway Olympic Heights, Deerfield, Donner Trail) 23 RESOLUTION NO. 8933 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT APPOINTMENT OF DIRECTOR TO FILL BOAR© VACANCY WHEREAS, Director Karen White resigned from the Board of Directors effective October 31, 1989 ; and WHEREAS, the District has followed the provisions of Section 1780 of the California Government Code which sets forth the procedure for filling vacancies on the Board of Directors; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: That RICHARD CURRAN is hereby appointed as a Director of the Truckee Donner Public Utility District to fill the vacancy created by Karen White's resignation, and to serve as such Director until the next General District Election. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting duly held within said District on the 6th day of November, 1989, by the following roll call vote: AYES: Aguera, Corbett, Sutton and Maass. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By �- Jalfi6s A. Maass, President ATTEST: �{ u n M. Craig, Deputy D' trict Clerk smc i • OATH OF OFFICE STATE OF CALIFORNIA ) COUNTY OF NEVADA ) do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me, this z�Z:;l day of 1989. Peter L. Holzmeis er Clerk of the Board Truckee Donner Public Utility District • RESOLUTION NO. 8934 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT ADOPTING SUPPLEMENT NO. 2 TO THE JOINT POWERS AGREEMENT AND AUTHORIZING EXECUTION WHEREAS, the Truckee Donner Public Utility District desires to become a party to the Joint Powers Agreement and a member of the Northern California Power Agency on the same basis as each of the other members; and WHEREAS, the Truckee Donner Public Utility District is a public agency of the State of California, and is entitled to be a preference purchases of electric service from the Central Valley Project of the United States, and has powers equivalent to those of the other members of NCPA so far as is relevant to the powers of NCPA; and WHEREAS, on September 27, 1989 the NCPA adopted Resolution No. 8935 authorizing execution of a new member services agreement with the District and recommending execution of Supplement No. 2 to the Joint Powers Agreement to the members; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District that Supplement No. 2 to the Northern California Power Agency Joint Powers Agreement is hereby approved for signature by the President of the Board. 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 6th day of November 1989 by the following roll call vote: AYES: Aguera, Corbett, Sutton and Maass. NOES: None. ABSENT: Curran. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Bye A J es A. Maass, President ATTEST: fi Susan M. Craig, Deputy Dis,tt ict Clerk smc