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HomeMy WebLinkAbout15 Water Electric Standby Charges Agenda Item # 15 . ► NER Public Utility District 0-- ACTION To: Board of Directors From: Mary Chapman Date: June 04, 2008 Subject: Approval of the Water and Electric Standby Resolutions 1. WHY THIS MATTER IS BEFORE THE BOARD This item concerns establishing and collecting water and electric standby charges in Placer and Nevada Counties by the adoption of various standard resolutions. Only the Board can adopt these resolutions. 2. HISTORY Each year the Board adopts resolutions establishing water and electric standby charges and requests Placer and Nevada Counties to collect the charges on the annual property tax bills. The attached resolutions are unchanged each year, except for the dates. The District has for years levied standby charges on vacant parcels for water and electric service. The purpose of the standby charge is to collect revenues to help pay operating and maintenance expenses. The idea is that vacant lots benefit by being in close proximity to water and electric lines, and should, therefore, contribute to operation and maintenance of those lines. We have not changed the standby rates in many years, and we do not propose changing them at this time. Each year we adopt one resolution (2008-AA) that extends the existing electric charge for an additional year, and a second resolution (2008-BB) that extends the existing water standby charge for an additional year. We then adopt two other resolutions, one that authorizes Placer County (2008-DD) to collect the two standby charges on parcels in Placer County and the other (2008-CC) authorizing Nevada County to do the same for parcels in Nevada County. The lists are currently in preliminary form only. Final lists will be on record with the Counties and the Administrative Services Department. The water standby charge does not apply to vacant parcels in the Donner Lake service area nor in the Glenshire service area. We have traditionally relied on Placer and Nevada Counties to collect the standby charges as a line item on the annual property tax bill. We would like to do that again this year. 3. NEW INFORMATION Attached for your review are four resolutions. One is for the water standby charge for 2008-09. Another one is for the electric standby charge for 2008-09. The next two request Nevada and Placer Counties to collect the charges for us. As stated above, these resolutions are virtually identical to the resolutions we have adopted in the past. 4. FISCAL IMPACT The estimated revenue for this action is: Nevada County Standby Charges for 2008-09 Water $164,160 Electric $ 21,920 Total Parcels: 2,075 Placer County Standby Charges for 2008-09 Water $4,880 Electric $ 170 Total Parcels: 61 5. RECOMMENDATION That the Board adopt the following four resolutions: 1. Resolution Continuing and Fixing Water Standby Charges for Fiscal Year 2008-2009 2. Resolution Continuing and Fixing Electric Standby Charges for Fiscal Year 2008-2009 3. Resolution Fixing and Placing Electric and Water Standby Charges on County of Nevada Tax Roll for Collection 4. Resolution Requesting Collection of Electric and Water Standby Charges on Placer County Tax Roll Mary Cha Pan%, ministrative Services Michael D. Holley, General Manager Manager . ' ONNER District 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 of the Truckee Donner Public Utility District duly adopted Ordinance No. 7501 fixing water standby charges on lands within the District boundaries and 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 WHEREAS,on April 8, 1991,the Board of Directors adopted Ordinance No. 9105 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 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. 2. The District shall determine the lands to be affected thereby for the current fiscal year, which shall not include lands in Donner Lake or Glenshire Service areas, and the charges to be assessed, levied and collected on the lands and parcels, and upon the completion thereof a subsequent resolution shall be approved fixing and placing the water standby charges on the District tax roll for collection by Placer and 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 T Public Utility District Resolution No. 2008 - XX Continuing and Fixing Electric Standby Charges For The Fiscal Year 2008-2009 WHEREAS, on February 18, 1975, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 7501 fixing electric standby charges on lands within the District boundaries and 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 fiscal year 2008-2009 shall be the sum of $20 for any parcel consisting of one acre or more, and the sum of $10 for any parcel of less than one acre. 2. The District shall determine the lands to be affected thereby for the current fiscal year and the charges to be assessed, levied and collected on the lands and parcels, and upon the completion thereof a 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 be forwarded along with the direct charges 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: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Tim F. Taylor, President ATTEST: Michael D. Holley, District Clerk ! ■E IIIR Public Utility District Resolution No. 2008 - XX Fixing and Placing Electric and Water Standby Charges on County of Nevada Tax Roll for Collection 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 the lands affected thereby and the charges to be assessed, levied and collected on the lands and parcels; 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. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on , 2008 by the following 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 a y j TRUCKEE . „ 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 the County of Placer collect on the County tax rolls certain charges which have been imposed by the District pursuant to Resolution No. 2008-XX and 2008-XX attached hereto, and WHEREAS, the County has required as a condition of the collection of said charges that the District warrant the legality of said charges and defend and indemnify the County from any challenge to the legality thereof, NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The Auditor-Controller of Placer County is requested to attach for collection on the County tax rolls those taxes, assessments, fees and/or charges, attached 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 MID 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, in any manner arising out of the collection by county of any taxes, assessments,fees and/or charges on behalf of District. 4. The District agrees to and shall defend, indemnify and hold harmless the County, its officers, agents and employees (the "Indemnified Parties") from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of the collection by County of any of District's said 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 taxes, assessments, fees and/or charges. District agrees that, in the event a judgment is entered in a court of law against any of the Indemnified Parties as a result of the collection of one of District's taxes, assessments, fees and/or charges, the County may offset the amount of 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 employees will cooperate with the County in answering questions referred to District by County from any 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 and ordinary charges as the County may prescribe to recoup its costs in placing on the tax rolls and collecting the taxes, assessments, fees and charges, as provided by Government Code section 29304 and 51800. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on , 2008 by the following 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