HomeMy WebLinkAbout9 Water and Electric Standby Charges Agenda Item # 9
Public Utflity District
�n
ACTION
To: Board of Directors
From: Mary Chapman
Date: May 21, 2008
Subject: Consideration of Scheduling Public Hearings Related to Adoption
of Water and Electric Standby Charges.
1. WHY THIS MATTER IS BEFORE THE BOARD
to adotion of This matter involves scheduling a public hearing
related
This equpres Board act on
electric standby charges for the 2007-2008 year.
2. HISTORY operating and
The purpose of the standby charge is to collect revenues to help pay o p 9
lose
maintenance expenses. The idea is tha
ncant lots d s
proximity to water and electric Imes, ahould, therefore,ficont byt ibuteeing itocmaintenance
of those lines. We have not changed the standby rates in many years, and we do
not propose changing them at this time.
3. NEW INFORMATION
This item relates to holding a public hearing to consider in theD'stricWPubl c notice the nof the
and electric standby charges on vacant pa
hearing requires publication once a week for two successive weeks with two
publications in a newspaper publicized once a week
ratio dates. The first not ce will be
equently, with at least
five days intervening between the respective p
published on May 23, and the second notice atll be published one week tached to the resolutions pat therior oJune
the
hearing on May 28. Vacant parcel lists will be ttached
4 Board meeting.
4. FISCAL IMPACT
The estimated revenue for this action is:
Nevada County Standby Charges for 2007-08
Water $150,000.00
Electric $ 23,140.00
Total Parcels 2,196
Placer County Standby Charges for 2007-08
Water $4,320.00
Electric $ 170.00
Total Parcels 54
5. RECOMMENDATION
That the Board call for a public hearing tn Ju
er and electric 008tandby at 6:00 harges.PM for he purpose
of receiving input on the adoption of wa
Resolutions attached.
Mary Cha a dministrative Services Michael D. Holley, General Manager
Manager
TRUCKE DONNE . 11'
District
j
Resolution No. 2008 - XX
Continuing and Fixing Electric Standby Charges
For The Fiscal Year 2008-2009
WHEREAS, on February 18, 1975,the Board of Dbeccharors o the
Dhin the D strict bounonner Public Utility daries anld
adopted Ordinance No. 7501 fixing electric stand y ges on lands w
providing a means for collection thereof; and
WHEREAS,on August 16, 1982,the Board of Directors adopted Resolution No.8240 amending Ordinance
7501 to include Placer as well as Nevada County; and
WHEREAS, Ordinance No. 7501 prescribes that implementation of the actual charges shall be made by
resolution of the Board for each fiscal year:
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility
District as follows:
1. The electric standby charge for the fiscall year 0 for a008 parcel of shall be than one sum of 20 for any parcel
consisting of one acre or more, and the sum of $ y P
2. The District shall determine the lands no he lands and thereby
parcels,for
and upon the completion fiscal
on thereof a
charges to be assessed, levied and collected o
subsequent resolution shall be approved fixing and placing the electrical standby charges on the District tax
roll for collection by Placer and Nevada Counties.
3. Certified copies of this resolution are to nr of the County it Nhe d direct charges to the County
Auditor of the County of Placer and the County Auditor
a.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting
held within the District on
2008 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F.Taylor, President
ATTEST:
Michael D. Holley, District Clerk
5' I
•
TRUCKEE
Public Utility District
i
Resolution No. 2008 - XX
Continuing and Fixing Water Standby Charges
for the Fiscal Year 2008-2009
WHEREAS, on February 18, 1975,the Board of Directors
the
on IandsewitDhm onner the Distrct�boundlaries strict duly and
adopted Ordinance No. 7501 fixing water standby charges
providing a means for collection thereof; and
WHEREAS,on August 16, 1982,the Board of Directors adopted Resolution No. 8240 amending Ordinance
7501 to include Placer as well as Nevada County; and
WHEREAS, on March 18, 1991,the Board of Directors adopted Ordinance No. 9103 amending Ordinance
No. 7501 and Resolution No. 8240 to the extent that such ordinance and resolution concern the fixing of
water standby charges in the County of Nevada; and
rdinance No.
WHEREAS,on April 8, 1991,the Board of Directors o d naned Oce'and resonance lution concern concern't eng Ofix fixing of water
7501 and Resolution No. 8240 to the extent that such
standby charges in the County of Placer; and
WHEREAS, Ordinance No. 7501 prescribes that implementation of the actual charges shall be made by
resolution of the Board for each fiscal year; and
WHEREAS, fees authorized by this resolution shall not be charged, assessed, levied and collected in the
District's Donner Lake or Glenshire Service areas:
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility
District as follows:
1.The water standby charge for the fiscal year 2008-2009 shall be the sum of$80 for all parcels regardless
of size. not
2. The District shall determine the lands to be afect adreasr and dithe charges to or the current l be assessed,scal year, c levied shall and
include lands in Donner Lake or Glenshire Servicebe
collected on the lands and parcels, and upon ther completion ll
es on the District tax roll for collectionsequentlution by Placerrland
approved fixing and placing the water standby cha g
Nevada Counties.
3.That certified copies of this resolution be forwarded to the County Auditor of the County of Placer and the
County Auditor of the County of Nevada.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting
held within the District on , 2008 by the following roll call vote:
AYES:
NOES:
ABSTAIN: D
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F.Taylor, President
ATTEST:
Michael D. Holley, District Clerk
ublic Utility District I
Resolution No. 2008 - XX
Fixing and Placing Electric and Water Standby
Charges on District Tax Roll for Collection by
the County of Nevada
WHEREAS, on February 18, 1975, the Board of Directors of the Truckee Donner Public
Utility District duly adopted Ordinance No. 7501 fixing electric and water standby charges
on lands within the District boundaries and providing a means for collection thereof; and
WHEREAS, on August 16, 1982, the Board adopted Resolution No. 8240 amending
Ordinance 7501 to include Placer as well as Nevada County; and
WHEREAS, on March 18,1991, the Board of Directors adopted Ordinance No. 9103
amending Ordinance No. 7501 and Resolution No. 8240 to the extent that such ordinance
and resolution concern the fixing of water standby charges in the County of Nevada; and
WHEREAS, on , 2008 the Board adopted Resolution No. 2008-XX and 2008-XX
continuing and fixing electric and water standby charges pursuant to Ordinances 7501,
9103 and 9105 for the fiscal year 2008-09; and
WHEREAS,the District has now determined n ands and lands
arce affected
thereby and the charges to
be assessed, levied and collected o
s; and
WHEREAS, by Resolution No. 9723 adopted November 5, 1997, the Board of Directors of
the Truckee Donner Public Utility District approved execution of a continuous Standard
Form Tax Collection Services Contract with the County Of Nevada;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District as follows:
1. That the Board of Supervisors of the County of Nevada, State of California, levy
the standby charges against the parcel numbers (APN) of record listed on the
computer itemization of unimproved parcels kept and maintained in the
Administrative Services Department of the District and made a part hereof by
reference, and that the County Auditor and Tax Collector be instructed to levy and
collect said charges in the same manner as County taxes as by law and in said
ordinance provided. Upon completion and correction of the current list through
June 30, 2008, a copy will be forwarded to the Auditor Controller of the County.
Resolution 2008-XX
2. The District warrants and represents that charges imposed by the District and
being requested to be collected by
Nevada County comply with all requirements
of state law, including but not limited to Articles XIIIC and XIIID of the California
Constitution (Proposition 218).
3. That a certified copy of this resolution be forwarded to the County Auditor of the
County of Nevada.
oard of Directors of the
ckee folDlow onner ng roll vote:
ility
PASSED AND ADOPTED by the B
ote:
District at a meeting held within said District on , 008 by the
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F. Taylor, President
ATTEST:
Michael D. Holley, District Clerk
Resolution 2008-XX
t+a '
UCKEw
LA
Public Utility District
Resolution No. 2008 - XX
Requesting Collection of Electric and Water Standby
Charges on Placer County Tax Roll
WHEREAS,the Truckee Donner Public Utility
District
requests
Placer
theCounty have been imposed by the District pursuant
to Resolution No 2008XX and 2008XX attached hereto, and
WHEREAS, the County has required as a condition
and defend and indemnify the County from
the District warrant the legality of said charges
any challenge to the legality thereof,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District as follows:
1. The Auditor-Controller of Placer County
fs requested to inents fees and/or ch for chargesllection on
attached
the County tax rolls those taxes, assess
hereto.
2. The District warrants and represents that the taxes, assessments, fees and/or
charges imposed by the District and being requested to be collected by Placer
County comply with all requirements of state law, including but not limited to
Articles XIIIC and XIIID of the California Constitution (Proposition 218).
3. The District releases and discharges County, and its officers, agents and
employees from any and all claims, demands, liabilities, costs and expenses,
damages, causes of action, and judgments,
e�mentsn any manner arising out of the
fees and/or charges on behalf of
collection by county of any taxes, ass
District.
4. The District agrees to and shall defend, indemnify and hold harmless the
County, its officers, agents and employees (the"Indemnified Parties")from any
and all claims, demands, liabilities, costs and expenses, damages, causes of
action, and judgments, in any manner arising out of the collection by County of
any of District's said taxes, assessments, fees and/or charges requested to be
collected by County for District, or in any manner arising out of District's
Resolution 2008-XX
establishment and imposition of said taxee assessments,
a court of law against
fees and/or charges.
District agrees that, in the event a judgmnt is entered in
any of the Indemnified Parties as a result of Coun collection amournttof
taxes, assessments, fees and/or charges,the County my offset the
the judgment from any other monies collected by County on behalf of District,
including property taxes.
5. The District agrees that its officers, agents and
District oyees will cooperate with
by County from any
the County in answering questions referred
person concerning the District's taxes, assessments, fees and/or charges, and
that District will not refer such persons to County officers and employees for
response.
6. The District agrees to pay such reasonable anod °fie tax ollsry rges as the County
and collecting the
may prescribe to recoup its costs m placing Government Code
taxes, assessments, fees and charges, as provided by
section 29304 and 51800.
PASSED AND ADOPTED by the Board of Directors o of the Truckee
the onner followingblic
Utility District at a meeting held within said District
roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F. Taylor, President
ATTEST:
Michael D. Holley, District Clerk
Resolution 2008-XX