HomeMy WebLinkAbout13 Title 8 District Property Agenda Item # 13
DONNER
Public
ACTION
To: Board of Directors
From: Kathleen Neus
Date: May 06, 2009
Subject: Adopt a Resolution for Revisions to Title 8, District Property
1. WHY THIS MATTER IS BEFORE THE BOARD
The District Code should be periodically be reviewed and updated to conform to
District Board policies, new applicable laws, regulations and District procedures.
2. HISTORY
Title 8, District Property has not been reviewed in its entirety for many years. Portions
of Title 8 have been reviewed, updated and approved by the Board; these changes
include the revision of Chapter 8.20, Disposal of District Property and the addition of
Chapter 8.30, Encroachment Policy. Additionally there have been two Board reviews,
March 18th and April 1st.
3. NEW INFORMATION
There have been many proposed revisions to the Code including format changes,
clarification of wording, and changes to the policies and procedures. Workshops were
held on March 18 and April 1, 2009 for the Board to review and provide any comments
to the recommended changes.
Some of the changes include:
• Section 8.01.010: Lease of District Land - Language, insurance requirements
and format changes;
• Section 8.01.015: Placement of Wireless Communications - Language, new
requirements, insurance requirements and formatting;
0 Section 8.04.010: Use of Paved District Easements - Language, requirements
and formatting changes;
• Section 8.04.020: Abandonment or Relocation of Unused Easements -
Additional requirements;
Section 8.04.030: Grants of Easements of District Property- New section;
• Section 8.06.030: Retention of Real Property Documents - New section;
• Section 8.12.010: District Complex - Language and formatting;
• Section 8.20.020:Disposal of Real Property- Language and formatting; and
• Section 8.20.020.8: Approval of Sales of Real Property- New section.
Additionally, any reference to fees required have now been placed within the
Miscellaneous Fee Schedule. All references for fees are listed below:
8.01.015(1.) Placement of Wireless Communications
$500.00
8.04.010(10.) Use of Paved District Easements for Access to Private Property
$500.00
8.04.020.1(9.) Use of Paved District Easements
$500.00
8.04.030(3.) Grants of Easements on District Property
$500.00
8.30.070 Encroachment Categories and Encroachment Permit Costs
8.30.070.1 Category 1 (Minor) $150.00 per year
8.30.070.2 Category 2 (Major) $500.00 per year
8.30.070.3 Category 3 (Special) $1,000.00 per year
Attached to this document are the following items:
1) Resolution "Adopting Revisions to the District Code title 8, District Property;"
2) A draft version of Title 8 incorporating all of the proposed changes;
3) A redline version comparing proposed changes to the original text;
4) List of replaced Minute Orders and Resolutions.
4. FISCAL IMPACT
There is no direct fiscal impact associated with the proposed changes to Title 8,
District Property.
5. RECOMMENDATION
Approve the resolution "Adopting an Amendment to the District Code, Title 8, District
Property."
Michael D. Holley
General Manager
TRUCKEE
DONNER
Public Utility
District
Resolution No. 2009 - XX
ADOPTING AMENDMENTS TO THE DISTRICT CODE
TITLE 89 DISTRICT PROPERTY
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to amend the
District Code Title 8, District Property; and
WHEREAS, the District Code provides rules and regulations intended to convey a comprehensive
description of the manner in which the District administers the District's Property; and
WHEREAS, periodically, the District Code should be reviewed and updated to conform to District
Board directives, new applicable laws and regulations and improvements; and
WHEREAS, workshops were held on March 18, 2009 and April 1, 2009 for the Board to review and
comment on the proposed changes to Title 8, District Property; and
WHEREAS, the revised version of Title 8 will bring the District's Property polices up-to-date and will
replace all preceding resolutions, ordinances, minute orders and Board directives in Title 8.
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt the amended
language in District Code, Title 8, District Property.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District in a
meeting duly called and held within said District on the 6th day of May 2009 by the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hemig, President
ATTEST:
Michael D. Holley, Clerk of the Board
TITLE 8
DISTRICT PROPERTY
CHAPTERS
8.01 Real Property
8.04 Easements
8.06 Recordable Documents
8.08 Improvements
8.12 District Headquarters
8.16 Damage to District Property
8.20 Disposal of District Property
8.24 Records, Files and Documents
8.30 Encroachment Policy
CHAPTER 8.01
REAL PROPERTY
Sections:
8.01.010 Lease of District Land
8.01.015 Placement of Wireless Communications Facilities
8.01.020 Relocation and Real Property Acquisition Guidelines
8.01.010 Lease of District Land - The Board of Directors of the Truckee Donner Public Utility
District(District)shall observe the following steps as part of its determination to lease District owned
land:
1. Determine that a potential lessee exists for the parcel in question;
2. Evaluate the parcel and obtain the opinions of both the General Manager and District
Engineers regarding the size of the parcel and the desirability to obtain long-term revenues
from the lease thereof;
3. The use does not interfere with District operations and maintenance;
4. The use does not preclude future use or sale of the property;
5. The use does not impose unacceptable levels of liability;
6. The District should generate fair and reasonable revenue;
7. The lessee is not a District employee, Board member or family member of a Board member
or a District employee. ("Family member" is defined to include spouse, domestic partner,
child, parent, sibling and stepchild, stepbrother, stepsister, stepmother and stepfather.)An
exception to this exclusion is if the lease is awarded to a District employee or a family
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Title 8 Page 1
member of the District employee on the basis of a competitive auction, bid or proposal
process and the District employee has not made,participated in the making of or influenced
any decision with respect to the lease or the award of the lease.
8. Obtain an independent appraisal from a qualified appraiser relating to the value of the parcel
or any part thereof and to its best possible use.
9. The Board shall comply with the terms of Public Utilities Code Section 16431 et seq. and
Government Code Section 54221 et seq. and make the findings required pursuant to said
sections.
10. The District will conduct an appropriate environmental review in accordance with the
California Environmental Quality Act(CEQA).
11. The General Manager will schedule a public hearing at a District Board meeting in order to
give the public an opportunity to provide input.
8.01.010.1 The Board shall advertise in a local newspaper of general circulation its minimum
requirements and shall award the lease only by competitive bidding. All bidders must submit a
cashier's check, certified check,or bid bond in a sum equal to$1,000. Said deposit, check,or bond
shall be forfeited in the event that they are awarded the lease and fail to accept,execute and return
to the District the same within ten (10) days of receipt of the lease agreement.
8.01.010.2 The Board shall award the lease in a resolution and include the following steps:
1. General Manager or his designee may execute the lease;
2. Require at a minimum $500 monthly rent for non public safety entities or the Board, at its
discretion, may assign a value;
3. Requires a cost of living increase every year based upon Consumer Price Index;
4. Term of lease to be five years with an option(s)to renew not to exceed 25 years total;
5. District shall retain control over the use of the parcel and the design of the structures to be
constructed thereon;
6. Lessee shall reimburse the District for all costs expended in connection with the lease of the
parcel including legal, engineering, appraisal, advertising and administrative costs;
7. District shall provide, and the lessee shall pay for,a title policy evidencing District ownership
of the parcel;
8. Lessee shall be responsible for the taxes to be levied upon the parcel;
9. The Lessee shall covenant and agree to indemnify, defend and hold the District harmless
from and against all claims, actions, or suits, for any loss, liability, injury, and damage to
person or property including but not limited to attorneys'fees,experts'fees and costs,which
may be asserted against the District because of the Lessee's encroachment of the District's
property;
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10. The Lessee shall furnish satisfactory proof, by certificate, presented to the District within
fifteen days of the date of the Lease, that he/she/it has comprehensive general liability,
public liability and property damage insurance. The insurance shall name the District as an
additional insured,be the primary insurance and protect both the Lessee and the District,its
officers and/or agents against loss from all liabilities imposed by law, and shall be
maintained in full force and effect during the term of the Lease of the contract and in the
following amounts:
a. Limit of liability for comprehensive general liability-$1,000,000 aggregate liability for
loss per accident.
b. Limit of liability for personal injury or accidental death-one person, $1,000,000;
aggregate liability per accident, $1,000,000.
C. Limit of liability for property damage - $1,000,000 aggregate liability for loss per
accident.
d. Shall also maintain statutory worker's compensation insurance.
11. The Board shall enforce any requirements by the California Environmental Quality Act, the
guidelines of the State and the District.
12. The District reserves the right to adjust the limits of the insurance requirements based on the
use of District Property.
8.01.015 Placement of Wireless Communications Truckee Donner Public Utility District may
authorize wireless communications companies to construct and maintain monopoles and antennas
on District owned property by special lease issued at the discretion of the Board of Directors,using
the following steps as a guideline:
1. Any party wishing to construct and maintain such a facility shall make application to the
General Manager of the District,in a form prescribed,and shall submit the application with a
non-refundable application fee as listed in the Miscellaneous Fee Schedule;
2. The General Manager shall review the application and approve or disapprove the application
based on conformance with the terms of the District's standard lease agreement;
3. Installation of monopoles and antennas should pose no significant visual impact on
surrounding residential neighborhood;
4. The District should generate fair and reasonable revenue;
5. Co-development of wireless facilities shall be encouraged and the District's standard lease
agreement shall provide for co-development.The originating agency is required to notify the
District and the District shall share in the monetary gain realized by the lessee;
6. The General Manager will agendize the matter at a District Board meeting in order to give
the public an opportunity to provide input;
7. Any monopoles or antennas shall be approved by the Board of Directors,or as delegated by
the Board, to the General Manager, or his or her designee.
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8.01.015.1 The Board of Directors shall award the lease in a resolution and include the following
steps:
1. General Manager or his designee may execute the lease;
2. Require at a minimum $500 monthly rent for non public safety entities or the Board, at its
discretion, may assign a value;
3. Requires a cost of living increase every year based upon the Consumer Price Index;
4. Term of lease to be five years with an option(s)to renew not to exceed 25 years total;
5. District shall retain control over the use of the parcel and the design of any structure,
monopole and/or antenna to be constructed thereon;
6. Lessee shall reimburse the District for all costs expended in connection with the agreement
including legal, engineering, appraisal, advertising and administrative costs;
7. The Lessee shall covenant and agree to indemnify, defend and hold the District harmless
from and against all claims, actions, or suits, for any loss, liability, injury, and damage to
person or property including but not limited to attorneys'fees,experts'fees and costs,which
may be asserted against the District because of the Lessee's encroachment of the District's
property;
8. The Lessee shall furnish satisfactory proof, by certificate, presented to the District within
fifteen days of the date of the Lease, that he/she/it has comprehensive general liability,
public liability and property damage insurance. The insurance shall name the District as an
additional insured, be the primary insurance and protect both the Applicant/Permittee and
the District, its officers and/or agents against loss from all liabilities imposed by law, and
shall be maintained in full force and effect during the term of the Lease of the contract and in
the following amounts:
a. Limit of liability for comprehensive general liability-$1,000,000 aggregate liability for
loss per accident.
b. Limit of liability for personal injury or accidental death-one person, $1,000,000;
aggregate liability per accident, $1,000,000.
C. Limit of liability for property damage - $1,000,000 aggregate liability for loss per
accident.
d. Shall also maintain statutory worker's compensation insurance.
e. The District reserves the right to adjust the limits of the insurance requirements
based on the use of District property.
8.01.015.2 Upon approval by the District, the applicant will be required to make application to the
appropriate planning and zoning agency for the specific land use approval for the site.
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8.01.020 Relocation and Real Property Acquisition Guidelines-State and Federal laws require
public agencies to adopt rules and regulations that implement the requirements of the California
Uniform Relocation Act, Government Code Section 7260 et seq. and the United States Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C.Section 4601
et seq.).Section 7267.8 of the California Government Code provides that,with respect to federally
funded projects, public entities shall provide relocation assistance as required under federal law.
8.01.020.1 In implementation of the State Act, the District has adopted the Relocation Assistance
and Real Property Acquisition Guidelines, 25 California Code of Regulations Section 6000 et seq.,
as its rules and regulations for relocation assistance and real property acquisition. (See Exhibit A
attached to TDPUD Resolution No. 9322.)
8.01.020.2 In implementation of the Federal Act, the District has adopted the Federal Guidelines,
49 CFR Part 24,as its rules and regulations for relocation and real property acquisition of federal or
federally-assisted projects. (See Exhibit B attached to TDPUD Resolution No. 9322.)
CHAPTER 8.04
EASEMENTS
Sections:
8.04.010 Use of Paved District Easements for Access to Privately
Owned Property
8.04.020 Abandonment or Relocation of Unused Easements
8.04.030 Grants of Easements of District Property
8.04.010 Use of Paved District Easements for Access to Privately Owned Property - The
Truckee Donner Public Utility District maintains paved easements throughout the District in order to
access its facilities. Occasionally,the access easement for the District is also the most reasonable
access to a property owner's parcel. The following steps are a guideline to determine in which
situations it is proper to permit a private property owner to use an existing paved District easement
for access to his property:
1. A petition shall be filed by the property owner requesting permission from the District to use
an existing paved District easement for access to his property;
2. Each petition is to be reviewed by the General Manager on an individual basis, since each
such request will involve unique facts and circumstances;
3. If the General Manager decides to grant permission for use of its paved easement,it shall do
so by granting a revocable, non-transferable license. In no case shall the District grant an
easement or any other permanent property interest to a petitioner;
4. Before the General Manager will grant a license to a petitioner, the person who owns the
property underlying the paved District easement shall also agree, in writing, to the grant of
the revocable, non-transferable license;
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5. Any license granted shall be revocable,and maybe revoked by the District for any reason in
the District's sole discretion, with thirty(30)days written notice;
6. The District shall grant a license only to the property owners who signed the petition, but the
license may extend to the petitioner's immediate family and guests;
7. The petitioner shall be required to keep the paved District easement free at all times from
parked vehicles or other obstructions. If the District easement is blocked by the petitioner,
such obstruction will be removed at the petitioner's expense;
8. In no case shall a petitioner's vehicle,garage, driveway, or any equipment or improvement
come within 50 feet of any existing District facilities, including District water tanks, pump
houses, and similar facilities.
9. The petitioner shall bear equal responsibility with the District for the maintenance of that
portion of the paved District easement used by the petitioner. The petitioner shall be
required to pay to the District a yearly maintenance fee, which amount will be used for
maintenance of the easement. In the event that the cost of maintenance exceeds the
accumulated maintenance fee,then the petitioner shall be required to pay to the District the
amount of such excess;
10. A nonrefundable application fee as listed in the Miscellaneous Fee Schedule to be paid by
petitioner shall accompany each petition presented to the District to cover District costs
related to review and preparation of the access documents.
8.04.010.1 The Petitioner's request that the District grant permission for use of one of its paved
easements for access by the property owner to his parcel shall be made by petition using the
following steps:
1. The petition shall state that the petitioner understands that any license granted by the District
shall be non-transferable and shall be revocable, at the District's sole discretion. The
petitioner shall further acknowledge that should the District revoke the license, then the
petitioner would be required to obtain other access to the petitioner's property and to any
house, garage, or other improvement thereon. In view of this, the petitioner shall agree to
construct any house, garage, or other improvement so that the same can be reached
through alternate methods of access in the event that the District revokes any license
granted. Further, the petitioner shall agree that because any license granted will be
revocable, at the District's discretion, the petitioner shall not expend time and money on
improvements in reliance on the continued existence of the license, and the petitioner shall
waive the right to claim that the license has become irrevocable by virtue of the petitioner's
reliance on continued use of the license;
2. The petition shall state specific reasons why the petitioner needs access across an existing
District easement, and shall state specifically why the petitioner is unable to obtain alternate
access;
3. The petition shall list the full names of all property owners of record, including their mailing
addresses and telephone numbers,and shall contain notarized signatures of all such record
property owners;
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4. The petition shall identify the petitioner's parcel by a full legal description, and by the
assessor's parcel number. The petition shall have attached to it as an exhibit a copy of the
recording subdivision map, if any, showing the petitioner's parcel and the existing District
easement. If no recorded subdivision map exists,the petitioner shall attach as an exhibit to
the petition a scale map of the petitioner's parcel, the District easement, and all adjoining
parcels, roads, and easements;
5. The petition shall have attached to it, as an exhibit, a copy of the most recent title report
issued with respect to the petitioner's property.
6. The petition shall state that the petitioner understands that any use of the District's easement
pursuant to a license granted by the District is permissive,and petitioner shall therefore waive
any right to assert at any time that he has acquired any rights to the easement by virtue of
prescription or adverse possession;
7. The petitioner shall agree to extend his homeowner's liability insurance policy to cover the
entire area of the easement that will be used by the petitioner, or,alternatively,to purchase a
new policy of liability insurance covering that portion of the easement used by the petitioner;
8. The petitioner shall agree to indemnify,defend and hold the District harmless from any claims
or liabilities of any kind resulting from use of the license by the petitioner, his immediate family
and guests;
9. The petition shall state that the petition, or a license agreement if required by the District,may
be recorded by the District to put future purchasers on notice of the fact that the license is
non-transferable and revocable;
10. The petition shall acknowledge that a yearly maintenance fee shall be required of the
petitioner, and further acknowledge that the petitioner shall share equally with the District all
costs of maintaining the portion of the District's easement used by the petitioner, even if that
amount exceeds the accumulated amount of the yearly maintenance fee;
11. The petitioner shall acknowledge that the easement must be kept free of any parked vehicles
or other obstructions at all times, and that the petitioner shall pay the cost of removing any
such obstruction;
12. The petitioner shall acknowledge that he shall not locate a house,garage,driveway,vehicle or
other improvement within 50 feet of the nearest District facility;
13. The petition shall acknowledge that the license may be revoked by the District, in its
discretion, with thirty(30)days written notice;
14. The petitioner shall acknowledge that the transfer or attempted transfer of the petitioner's real
property to any person other than those who signed the petition shall automatically and
immediately cause the revocation of the license;
15. The petitioner shall acknowledge that a license will be granted by the District only if the
owner of the property underlying the District easement also agrees to grant a license. The
petitioner shall acknowledge that it is his responsibility to obtain a commitment from the
owner of the property underlying the District easement to the grant of a license to the
petitioner.
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8.04.010.2 Review of petition -A petition for access, as provided by the property owner, shall be
reviewed by the District Engineers. Upon review of the petition, should the access be deemed
acceptable, an agreement shall be prepared for the access, including information provided within
the guidelines of this policy. A recommendation will be made to the General Manager, taking into
consideration the District's future plans. The agreement shall be reviewed by District Counsel.
8.04.010.3 Action by Board of Directors- A decision to allow joint access shall be a Board level
decision. If the Board votes to allow joint access, it shall do so by resolution, said resolution setting
forth the pertinent facts giving rise to the access.
8.04.020 Abandonment or Relocation of Unused Easements-The purpose of this policy is to
guide the District in its decisions regarding abandonment or retention of unused easements or
relocation of existing easements as a result of lot line adjustments. At the time that development
occurs, there is uncertainty as to the need for the extension of water and electric lines. Based on
that uncertainty,it is prudent for the District to secure utility easements for future line extensions. As
an area completes its development, the uncertainties become less present, and certain reserved
easements can be abandoned or relocated. When a property owner petitions the District to
abandon or relocate unused reserved easements, the following procedures shall be followed.
It is the intent of this policy to protect the District's access to easements while giving property owners
the opportunity to clear their parcels of easement restrictions that will not be used in the future by the
District.
8.04.020.1 Form of petition - A request that the District abandon or relocate an unused easement
shall be made by petition in the following form. Petitions to abandon or relocate an easement shall
include:
1. A description of why the petitioner requests the easement be abandoned or relocated;
2. Identify the parcel involved by referring to the recorded Book and Page number of the
Subdivision and the Assessor's Parcel Number;
3. Contain a sufficient description of the easement to allow the District to clearly identify what
easement is requested to be abandoned or relocated;
4. Contain a sketch of the parcel and all adjoining parcels showing water and electric lines
serving said parcels;
5. Contain the name and notarized signature, as well as mailing address, of each owner of
record of the parcel on which the easement sits;
6. State whether any utility line of any type is presently using the easement, or has used the
easement during the past five years;
7. Contain the statement that petitioner is aware that the District makes no guarantee that its
quitclaim alone is sufficient to clear the title of the easement;
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8. Contain a statement that the petitioner shall pay any recording fees associated with
abandonment or relocation of the easement;
9. A non refundable application fee as listed in the Miscellaneous Fee Schedule to be paid by
petitioner shall accompany each petition presented to the District to cover District costs
related to review and preparation of the necessary documents.
8.04.020.2 Review of petition - A petition to abandon or relocate unused easements shall be
reviewed by the District Engineers. The petition, proposed quitclaim deed and new easement if
applicable shall be reviewed by District Counsel.
8.04.020.3 A recommendation will be made to the General Manager taking into consideration the
District's future plans for the extension of utility lines.
8.04.020.4 Action by Board of Directors- A decision to abandon or relocate an easement shall be a
Board level decision. If the Board votes to abandon or relocate, it shall do so by resolution, said
resolution setting forth the pertinent facts giving rise to abandonment or relocation,and noting that
only the subject easement is being released in order to insure District retention of any other
easements located on the same parcel.
In making its decision,the Board shall consider future District plans for water and electric lines,and
facilities,the proximity of the parcel to undeveloped property,and the reasons set forth by petitioner
for requesting abandonment or relocation.
8.04.020.5 Form of abandonment or relocation
1. Any abandonment of an easement specific to the Truckee Donner Public Utility District shall
be accomplished by quitclaim deed or abandonment of easement document;
2. Any relocation of an easement specific to the Truckee Donner Public Utility District shall be
accomplished by the District quitclaiming its interest in the old easement and the land owner
granting a new easement by grant deed to the District;
3. Any abandonment or relocation of a public utility easement shall be accomplished by a
abandonment of easement document executed by the General Manager and recorded with
the County in which the parcel is located.
8.04.030 Grants of Easements on District Property Whenever possible, the District will grant
licenses for a specified period of time in lieu of perpetual easements. Use of District easements
must include the following steps:
1. Request for easement shall be made to the General Manager or the District Engineers;
2. Request shall be in writing and shall include copies of each of the following documents:
a. Location and site map on an eight and one-half by eleven-inch sheet;
b. Legal description of easement;
c. Plat map of easement;
d. Plans and specifications for any construction,grading or otherwork to be done within
the easement, including profile drawings;
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e. An environmental impact statement or negative declaration if required by CEQA and
the guidelines of the state and District.
3. A non refundable application fee as listed in the Miscellaneous Fee Schedule to be paid to
the District at the time an easement is requested to cover the District's usual costs of
processing the request.Any costs incurred by the District in excess of$500, including costs
of labor, materials, engineering,surveys,appraisals,and overhead expenses shall be paid
by the party requesting the easement;
4. The District shall determine the fair market value of the easement which shall be paid to the
District in full at the time of conveyance of the easement. The District, in its discretion, may
assign the current market value per square foot to the easements covering an area not in
excess of four thousand square feet, unless the grantor objects, in which event the District
will obtain an appraisal of the easement.
5. Any easement, with a term of five years or less and a fair market value of less than$10,000,
may be granted by the General Manager or designee without additional authorization of the
Board of Directors.The granting of all other easement shall be specifically authorized by the
Board of Directors;
6. Easements shall be for limited purposes and subject to such conditions as the District shall
specify in the grant of easement . Unless otherwise expressly specified in the grant, the
easement shall be subject to the following conditions:
a. The use of the easement shall be subordinate to the paramount right of the District
to use its lands for utility purposes. No use of the easement shall cause any
substantial interference with the District's use of the land or with the operation,
maintenance, repair or installation of District facilities therein;
b. No building or portion of a building shall be within the easement area;
C. Upon completion of construction within an easement, the ground surface shall be
restored as near as possible to the condition it was in prior to the construction with all
rubbish and foreign materials removed and the area left in a safe and clean
condition;
d. As-built drawing procedures-see Section 5.01.027 regarding project documentation
deposit and Appendix B for District policy regarding As-Built Drawings.
7. For land locked parcels, the District shall consider, but will not be required to issue an
easement for ingress, egress and utility purposes only.
8. The District, in its sole and absolute discretion, may approve, deny, or set any limitations or
conditions on any easement on District property. The District may also at any time, alter,
amend, modify, rescind, or revoke a Grant of Easement, all without recourse or remedy by
the requestor for an Easement or liability to the District. The District may also amend,modify
or rescind this policy at any time without recourse or remedy by any requestor or with liability
to the District.
9. The Petitioner shall covenant and agree to indemnify, defend and hold the District harmless
from and against all claims, actions, or suits, for any loss, liability, injury, and damage to
person or property including but not limited to attorneys'fees,experts'fees and costs,which
may be asserted against the District because of the Petitioner's use of the District's property;
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10. The Petitioner shall furnish satisfactory proof, by certificate, presented to the District within
fifteen days of the date of the Grant of the Easement, that he/she/it has comprehensive
general liability, public liability and property damage insurance. The insurance shall name
the District as an additional insured, be the primary insurance and protect both the Petitioner
and the District, its officers and/or agents against loss from all liabilities imposed by law,and
shall be maintained in full force and effect during the term of the Easement in the following
amounts:
a. Limit of liabilityfor comprehensive general liability-$1,000,000 aggregate liabilityfor
loss per accident.
b. Limit of liability for personal injury or accidental death-one person, $1,000,000;
aggregate liability per accident, $1,000,000.
C. Limit of liability for property damage - $1,000,000 aggregate liability for loss per
accident.
d. Shall also maintain statutory worker's compensation insurance.
11. The District reserves the right to adjust the limits of the insurance requirements based on the
use of District property.
12. As of April 2009, all future easements will be subject to the terms and conditions stated
within District Code, Title 8, District Property.
CHAPTER 8.06
RECORDABLE DOCUMENTS
Sections:
8.06.010 Recordable Documents
8.06.020 Reporting Requirements Regarding Real Property and
Easements
8.06.030 Retention of Real Property Documents
8.06.010 Recordable Documents — All documents affecting the title to, or possession of, real
property owned by the District shall be recorded promptly upon execution bythe authorized official of
the District in accordance with the recording status of the State of California.The General Manager
of the District is authorized as follows:
1. To accept and consent to the recordation of any deeds granting easements or any other
interest in real estate to the District;
2. To accept and consent to the recordation of any deeds or other documents which grant a
restriction on the grantor's real property in favor of the District;
3. To accept and consent to the recordation of any notices which the District has requested the
grantor record against the grantor's real property;
Revisions to Board
Title 8 Page 11
4. To accept, sign, and consent to the recordation of any deeds releasing or abandoning
easements owned by the District that the General Manager determines are not needed by
the District;
5. To sign documents on behalf of the District,directed to Nevada or Placer County,informing
such counties of the District's willingness to release or abandon public utility easements if
the General Manager determines that such easements are not needed by the District.
8.06.020 Reporting Requirements Regarding Real Property and Easements - The General
Manager is to submit to the Board of Directors in January of each year a report of all real property
and easements accepted or abandoned during the previous year with the exception of temporary
blanket easements and the subsequent abandonment when construction is deemed complete by
District staff
8.06.030 Retention of Real Property Documents
8.06.030.1 Original recorded real property documents shall be retained by the department
designated by the General Manager, or his/her designee, and in a manner so as to prevent
destruction from fire, flood, earthquake and other disasters.
8.06.030.2 Real Property Database-The District shall maintain an inventory of all properties owned
in fee simple interest by the District, and each property shall be identified by use:operating, held for
future use and surplus.
8.06.030.3 Real Property Easements — The District shall maintain an inventory of all easements
issued to or by the District.
CHAPTER 8.08
IMPROVEMENTS
Sections:
8.08.010 Conditions of Acceptance
8.08.010 Conditions of Acceptance
8.08.010.1 All development agreements calling for works of improvement in an amount of$400,000
or more to be constructed pursuant to the District's standards and guidelines,shall be authorized by
the Board.
8.08.010.2 All development agreements calling for works of improvement in an amount less than
$400,000 to be constructed pursuant to the District's standards and guidelines, shall be authorized
by the General Manager.
8.08.010.3 Acceptance of all works of improvement subject to the District's standards and
guidelines and constructed pursuant to a development agreement, shall be accepted for transfer
and dedication to the District, by the General Manager(Res. 90-03).
Revisions to Board
Title 8 Page 12
CHAPTER 8.12
DISTRICT COMPLEX HEADQUARTERS
Sections:
8.12.010 Use of the Board Room
8.12.012 Public Art Display in District Headquarters
8.12.010 Use of the Board Room
8.12.010.1 The Boardroom of the Truckee Donner Public Utility District will be available on a first
come, first serve basis by other governmental agencies not-for-profit organizations and for-profit
organizations serving the Truckee community.
8.12.010.2 In all cases, the District use of the Board room takes priority over all others.
8.12.010.3 Governmental agencies and not-for-profit organizations may use the Board room at no
charge.
8.12.010.4 For-profit organizations may use the Board room and shall be charged a fee per the
Miscellaneous Fee Schedule for each day's use of the Board room.
8.12.010.5 The General Manager, or his designee,shall maintain the schedule of use of the Board
room.
8.12.010.6 The General Manager shall report annually during the month of January to the Board of
Directors regarding the use of the Board room by outside organizations during the previous year.
8.12.012 Public Art Display at District Headquarters
It is the policy of the District to display art work in the District headquarters building created by local
area artists under the terms set forth below.
8.12.012.1 Public Art Displays are defined as watercolor,oil,pastel, pencil,photographic and other
forms of artwork hung in public areas within the District's facilities for a period of no less than six(6)
months.
8.12.012.2 The artistic theme of all artwork displayed in District facilities shall be Truckee history,our
local environment and/or public utilities. Such artwork must be politically neutral and in good taste.
8.12.012.3 All artisans displaying their work in District facilities must agree to and sign a Public Art
Display Waiver of liability in order for their work to be displayed in District Facilities.
8.12.012.4 All artwork will have a descriptive placard located in the bottom right corner of the piece
detailing the name of the piece, its price and artist contact information.
Revisions to Board
Title 8 Page 13
CHAPTER 8.16
DAMAGE TO DISTRICT PROPERTY
Sections:
8.16.010 General
8.16.010 General - In the event of damage to property owned by the District,which the Manager
believes to be the result of intentional and malicious activity, the District Manager is authorized to
advertise an offer of reward for information which leads to the arrest and conviction of those persons
responsible for the damage.
The amount of the reward shall be determined at the discretion of the District General Manager,but
in no event shall exceed the smaller of the sum of$1,000 or 10% of the amount of the estimated
damage.
CHAPTER 8.20 (partial revision Aug. 08)
DISPOSAL OF DISTRICT PROPERTY
Sections:
8.20.010 Disposal of Surplus Inventory, Materials, Office
Equipment and Vehicles
8.20.020 Disposal of Real Property
8.20.010 Disposal of Surplus Inventory Materials Office Equipment and Vehicles
8.20.010.1 Items of inventory, materials, office equipment and vehicles considered by staff to be no
longer necessary shall be listed on an appropriate form and presented to the General Manager.
8.20.010.2 For items with an estimated value in excess of$1,000 per item, the General Manager
shall direct that a Board action declaring the items surplus be placed on an agenda for Board review
and approval. For items with an estimated value of less than$1,000 per item,the Board authorizes
the General Manager to dispose of the surplus inventory at his discretion.
8.20.010.3 The General Manager shall for the disposal of surplus items, have the option of a trade-
in allowance for new replacement equipment, use of a contract auction company, or the public bid
process.
8.20.010.3(A) If the public bid process is to be used,then the General Manager shall advertise the
sale of the surplus items in the appropriate newspapers and journals.
In the event that no bids are received on some items, or the General Manager determines
that the bids received on certain items are not sufficient, the Board may authorize the
General Manager to dispose of such items at his discretion.
Revisions to Board
Title 8 Page 14
8.20.010.4 No Board member may bid on or purchase surplus property from the District.No person
who makes, participates in the making of, or influences the decision to dispose of surplus property
may bid on such items.This includes District staff,consultants,advisory committee members and all
other individuals who make, participate in the making of, or influence the decision regarding the
disposal of surplus property.
8.20.020 Disposal of Real Property
8.20.020.1 District real property is considered surplus when designated as such by the Board of
Directors.
8.20.020.2 Sale of District real property shall be in conformance with Government Code Sections
65402 and 54222.
8.20.020.3 In accordance with Government Code Section 54221, in order to dispose of real
property owned by the District, parcels would be surveyed and appraised and existing utilities
identified.
8.20.020.4 The District would then offer the parcels for sale or lease in accordance with
Government Code Section 54222. The notice would be sent to any public agency developing low
and moderate income housing, to the local recreation and park district, to the State Resources
Agency and to the local school district.
8.20.020.5 If public agencies do not respond within 60 days,the District can then offer the land for
sale to private parties.
8.20.020.6 There is no requirement in state law or in District policies requiring that land be sold to a
private party by public bid process.The District may negotiate with adjacent land owners for sale of
land.
8.20.020.7 If a public agency does want to purchase the land, the District enters into negotiations
for a period of not less than 60 days, after which the property may be sold to any other party.
(California Government Code)
8.20.020.8 Approval of sales of real property- The Board shall approve any sale of real property.
8.20.020.9 Exchange of surplus property-The steps must include the following:
1. Any proposed exchange of surplus property will require a finding-in-fact by the General
Manager that there is greater overriding benefit from the property received than from the
surplus land being exchanged;
2. The exchange of surplus property shall be approved by the Board of Directors, or as
delegated by the Board, to the General Manager or his or her designee.
8.20.020.10 Quit claims- The steps must include the following:
Revisions to Board
Title 8 Page 15
1. Quit claims of real property shall require the recommendation of the General Manager,
District Engineers and Technical Programs Administrator;
2. Execution of the quit claims shall be approved by the Board of Directors or,as delegated by
the Board, to the General Manager or his or her designee;
3. The financial consideration for the quitclaim shall,at a minimum,be fair market value or the
original purchase price paid by the District to obtain the property.
CHAPTER 8.24
RECORDS, FILES AND DOCUMENTS
Sections:
8.24.010 Removal of Records, Files and Documents from
District Premises
8.24.010 Removal of Records Files and Documents from District Premises-It is the policy of
the District that no records,files or documents be removed from the premises without prior approval
by an employee's immediate supervisor or, in the case of management employees,approval bythe
General Manager.
CHAPTER 8.30
ENCROACHMENT POLICY
8.30.010 General
8.30.020 Definition
8.30 030 Implementation
8.30.040 Encroachment Review Process
8.30.050 Request for Encroachment Permit
8.30.060 Rights of Appeal
8.30.070 Encroachment Categories and Encroachment Permit Costs
8.30.080 Limitation
8.30.010 General The intent of this policy is to define guidelines and parameters as it relates to
encroachments on District property.An"encroachment"is an entry onto or use of District property
without the District's explicit permission. Examples of encroachments are fences, snow storage,
wood or vehicle storage or buildings, roadways and driveways which have intentionally or
unintentionally been placed on District property.
The District, in its sole and absolute discretion, may approve, deny, or set any limitations or
conditions on any encroachment on District property and issue and, at any time, alter, amend,
modify, rescind, or revoke an Encroachment Permit for an encroachment, all without recourse or
remedy by an Applicant/Permittee for an Encroachment Permit or liability to the District. The District
Revisions to Board
Title 8 Page 16
may also amend, modify or rescind this policy at any time without recourse or remedy by any
Applicant/Permittee or with liability to the District.
8.30.020 Definition
8.30.020.1 "Encroachment"means an unauthorized entry onto or use of District property, including
removal or planting of vegetation, placement of structures or materials,snow removal or storage,or
other alteration of surface or landscape that may affect or alter the visual aspects and uses of
District property.
8.30.020.2 An "Encroachment Permit" is a contract between the District and the permit holder. An
Encroachment Permit is not a property right, such as an easement, nor does it confer a property
right. The Encroachment Permit cannot be transferred with the sale of real personal property. It is
mandatory that the encroachment be abated with the sale of the property.
8.30.020.3 Each Encroachment Permit issued shall have a maximum term of one year and must be
renewed if the Permittee would like the Encroachment Permit to extend beyond the term.
Encroachment Permits for the same encroachment will not be granted for more than a total of five
years.
8.30.020.4 The Encroachment Permit Category cannot change from a more severe category to
lesser one at anytime. It is possible, at the discretion of the District, to change the designation to a
more severe category depending on whether the encroachment expands in scope or becomes more
severe.
8.30.030 Implementation - Steps must include the following:
1. It is the responsibility of a property owner to know the location of property boundaries, in
particular when use of that property causes an encroachment onto District property;
2. The District shall seek voluntary elimination of encroachments. Except where otherwise
specifically authorized,encroachments shall be removed and the District's property restored
to its pre-encroachment condition to the extent possible;
3. The party responsible for an encroachment may request an Encroachment Permit according
to the process set forth below, including providing information required to support the
following findings and payment of a fee. The fee will be based upon the category of the
encroachment;
4. The responsible party shall provide information to the District to verify and plan for the
adequacy of restoration required. The encroachment shall be removed and restoration shall
be completed prior to the expiration of the Encroachment Permit;
5. If the District finds that the encroachment has not been satisfactory corrected, and no
response is received within 10 days, the District shall notify the property owner, or other
responsible party, that the District may eliminate the encroachment, restore the affected
area, and charge the responsible party for incurred costs.
8.30.040 Encroachment Review Process
Upon the report or discovery of an encroachment, the District's Technical Program Administrator
Revisions to Board
Title 8 Page 17
shall:
1. Investigate the encroachment to confirm that the area is or appears to be within the
boundaries of District owned property;
2. Notify the property owner or other responsible party of the encroachment by mail. The
notice shall include a description, which may include photograph or drawing of the
encroachment, and location, and shall request a response within 10 days of receipt of the
letter;
3. If no response is received within 10 days, and the encroachment remains, the District will
notify the property owner or other responsible party of the encroachment by certified mail. If
after 10 additional calendar days there is still no response, the District shall take necessary
action, which may include legal action to remove the encroachment.
8.30.050 Request for Encroachment Permit-Steps must include the following:
1. A party responsible for an encroachment may request an Encroachment Permit accordingly
by filling out and submitting an application form along with all applicable fees;
2. The encroachment shall not be contrary to any deed or other restriction for either parcel or
violate any local, state or federal statute, regulation or ordinance;
3. The encroachment shall not detract from the visual character or use of the surrounding
properties as determined by the District;
4. The Applicant/Permittee shall covenant and agree to indemnify,defend and hold the District
harmless from and against all claims, actions, or suits, for any loss, liability, injury, and
damage to person or property including but not limited to attorneys'fees, experts'fees and
costs, which may be asserted against the District because of the Applicant/Permittee's
encroachment of the District's property;
5. The Applicant/Permittee shall furnish satisfactory proof, by certificate, presented to the
District within fifteen days of the date of the Encroachment Permit, that he/she/it has
comprehensive general liability, public liability and property damage insurance. The
insurance shall name the District as an additional insured, be the primary insurance and
protect both the Applicant/Permittee and the District, its officers and/or agents against loss
from all liabilities imposed by law, and shall be maintained in full force and effect during the
term of the Encroachment Permit of the contract and in the following amounts:
a. Limit of liability for comprehensive general liability- $1,000,000 aggregate
liability for loss per accident.
b. Limit of liability for personal injury or accidental death-one person,
$1,000,000; aggregate liability per accident, $1,000,000.
C. Limit of liability for property damage-$1,000,000 aggregate liability for loss
per accident.
d. Shall also maintain statutory worker's compensation insurance.
Revisions to Board
Title 8 Page 18
e. The District reserves the right to adjust the limits of the insurance
requirements based on the use of District property.
8.30.060 Rights of Appeal
8.30.060.1 If the Applicant/Permittee wishes to appeal the Encroachment Classification, the
Applicant/Permittee may request the decision to be reviewed by the General Manager of the District
by filing a request for review in writing. To be timely,the request for review must be received within
fourteen calendar days of the date of the original written decision. The decision of the General
Manager shall be conclusive and final.
8.30.070 Encroachment Categories and Encroachment Permit Costs
8.30.070.1 Category 1 (Minor)—Gardens or other intentional or unintentional plantings, escaping
from private property through propagation by root, tube, trunk, limb, vine or other non-wind borne
means and incidental use. Cost of a Category 1 Encroachment Permit per the Miscellaneous Fee
Schedule..
8.30.070.2 Category 2 (Major) — Non-permanent structures and improvements, such as those
without durable and complete foundations. Non-permanent structures and improvements include
fences, paths, walkways, pavers, gravel, stone, earthen berms, earth fill, drainage across the
property,single or gang mail boxes, unpaved parking areas and storage areas that are not included
in permanent structures. Cost of a Category 2 Encroachment Permit per the Miscellaneous Fee
Schedule.
8.30.070.3 Category 3(Special)—Permanent Structures are such as those which utilize a durable
and complete foundation. Permanent structures include buildings,concrete patios, paved parking
areas, driveways, decks with foundations, masonry walls, sheds, and rip-rap. Cost of a Category 3
Encroachment Permit per the Miscellaneous Fee Schedule.
8.30.070.4 The above lists are not all inclusive. The applicant must check with the District to
determine the encroachment category for the encroachment.
8.30.070.5 Prohibitive items for which Encroachment Permits shall not be granted include, but are
not limited to,the dumping of any non-toxic/toxic and non-hazardous/hazardous material or waste;
including fuel, oil, green waste, the spraying of pesticides, herbicides and insecticides and
deposition of any toxic or hazardous material including fertilizers.
8.30.070.6 Category 1 and 2 Encroachment Permits shall be reviewed and acted upon by District
Staff.
8.30.070.7 Category 3(Special)Encroachment Permits require review and action as an agenized
item before the Truckee Donner PUD Board of Directors at a regularly scheduled meeting.
8.30.070.8 Once a year District staff will gather information on all Encroachment Permits,the status
of the same and will provide an annual report to the District's Board of Directors.
8.30.080 Limitation
Revisions to Board
Title 8 Page 19
8.30.080.1 An Encroachment Permit as described above is temporary, vests no permanent rights,
and does not attach to the land. The Permit may be revoked upon a minimum of thirty(30) days'
notice, unless a shorter notice period is specified in the permit or is justified by an imminent or
substantial risk of harm to persons or property.
8.30.080.2 Existing encroachments will be dealt with on a case by case basis.
Revisions to Board
Title 8 Page 20
ATTACHMENT 3
TITLE 8
DISTRICT PROPERTY
CHAPTERS
8.01 Real Property
8.04 Easements
8.06 Recordable Documents
8.08 Improvements
8.12 District GemplezHeadauarters
8.16 Damage to District Property
8.20 Disposal of District Property
8.24 Records, Files and Documents
8.30 Encroachment Policy
CHAPTER 8.01
REAL PROPERTY
Sections:
8.01.010 Lease of District Land
8.01.015 Placement of Wireless Communications Facilities
8.01.020 Relocation and Real Property Acquisition Guidelines
8.01.010 Lease of District Land -The Board of Directors of the Truckee Donner Public Utility
District District shall observe the following steps as part of its determination to lease District owned
land:
1_ . Determine that a potential lessee exists for the parcel in question-- -------LAlignment:
matted:Numbered+Level:1+
mbering Style:1,2,3,...+Start at:1+
2_ Evaluate the parcel and obtain the opinions of both the General' , Left+Aligned at: 0.25"+Indent
0.5"
Manager and District Engineer-s regarding the size of the parcel and the desirability to obtain
long-term revenues from the lease thereof;: Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
3. The use does not interfere with District operations and maintenance at: 0.5"
4. The use does not preclude future use or sale of the property:
5. The use does not impose unacceptable levels of liability:
6. The District should generate fair and reasonable revenue;
7. The lessee is not a District employee,Board member orfamily member of a Board member
or a District employee.("Family member"is defined to include spouse domestic partner,
child parent sibling and stepchild stepbrother,stepsister,stepmother and stepfather)An
exception to this exclusion is if the lease is awarded jo a District employee or a fami_y - Formatted:Highlight
Revisions to Board
Formatted:Font:(Default)Arial,11 pt
. --�"
Tithe 8 Page 1
ATTACHMENT
member of the District employee on the basis of a competitive auction bid or proposal
rocess nd the District em to ee has not made artici ated in the making of or influenced_---- Formatted:Hlghlight
any decision with respect to the lease or the award of the lease Formatted:Highlight
8_8.01.010.3 AaObtain an-independent appraisal from a qualified M-A-1,�-------FAligntment:
atted:Numbered+Level:1+
appraiser relating to the value of the parcel or any part thereof and to its best possible use. ing style:1,2,3,...+start at:1+
Left+Aligned at: 0.25"+Indent5"
9.&.04 040 4-The Board shall comply with the terms of Public Utilities Code Section 16431 et---
seq.and Government Code Section 54221 et seq.and make the findings required pursuant Formatted:Indent:Left: o.zs Hanging:
to said sections..
0.25"
9 rendeF its opinion. After a finding is Fnade,the Bealcd shall
10.The District will conduct an appropriate environmental review in accordance with they ---- Formatted:Numbered+Level:1+
California Environmental Quality Act(CEQA). Numbering Style:1,2,3,...+Start at:10+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
11. — FAlignrment:
atted:Numbered+Level;i+
—�4is+4eatiegThe General Manager will schedule a public hearing at a District Board ing Style:1,2,3,...+Start at-
+
meeting in order to give the public an opportunity to provide input.- Left+Aligned at: 0.25"+Indent
5"
8.01.010.1-7-The Board shall advertise in a local newspaper of general circulation its minimum
requirements and shall award the lease only by competitive bidding. All bidders must submit a
cashier's check, certified check,or bid bond in a sum equal to$1,000. Said
deposit, check, or bond shall be forfeited in the event that they are awarded the lease and fail to Formatted:Highlight
accept the vxithip a reaseRable peicied efexecute and return to the District the same Formatted:Numbered+Level:1+
within ten(10)days of receipt of the lease agreement. Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
8.01.010.29 The Board shall award the lease in an erainanGe resolution and said lease shall be at: 0.5"
sendi#+eaed t�peninclude the following steps: Formatted:Numbered+Level:I+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
1. General Manager or his designee may execute the lease - at: 0.5"
Formatted:Numbered+Level:1+
2_8-01.040.8EA) AReguire at-a minimum ° . 5t)a' i Numbering Style:1,2,3,...+Start at:1+
monthly rent for non public safety entities or the Board at its discretion may assign a value Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
3_881 840 2101 Requires a cCost of living increases every4ve-years based upon Consumer Formatted:Numbered+Level:1+
Price Index:: % Numbering Style:1,2,3,...+start at:1+
Algnment:Left+Aligned at: 0.25"+Indent
at: 0.5'
4_8-01�8(C) Term of lease to be five Years with an option(s)to renew 30 years(not to-,""
=Alignment:
red+Level:1+
exceed 255 yeas total j.. z,3,...+start at:1+
ned at: 0.25"+Indent
5_8.04.01GA(D) The-District shall retain control over the use of the parcel and the design of
the structures to be constructed thereon;: Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at 0.25"+Indent
6_ e-Liessee shall reimburse the District for all costs expended in connection-," at: 0.5"
with the lease of the parcel including legal, engineering, appraisal, advertising and Formatted:Font:(Default)Arial,11 pt
Revisions to Board
Title 8 Page 2
ATTACHMENT 3
stpePvisop+-administrative costs,-
7_ District shall provide, and the lessee shall pay for, a title policy------ Formatted:Numbered+Level:1+
evidencing District ownership of the parcel,: Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
8_ . e Leessee shall be responsible for the taxes to be levied upon the parcel!- at: 0.5"
LAlignment:
d:Numbered+Level:1+
g Style:1,2,3,...+Start at:1+
9. The Lessee shall covenant and agree to indemnify,defend and hold the District harmless-, Left+Aligned at: 0.25"+Indent
from and against all claims, actions or suits for anv loss liability iniury and damage to
person or property Including but not limited to attorneys'fees experts'fees and costs which Formatted:Numbered+Level:I+
may be asserted against the District because of the Lessee's encroachment of the District's Numbering Style:1,2,3,...+Start at:I+
property: Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
10.The-Lessee shall furnish satisfactory Proo€ by certificate presented to the District within- Formatted:Numbered+Level:1+
fifteen days of the date of the Lease that he/she/it has comprehensive general liability, Numbering Style:1,2,3,...+Start at:1+
Public liability and property damage insurance The insurance shall name the District as an Alignment:Left+Aligned at: 0.25"+Indent
additional Insured be the primary insurance and protect both the Lessee and the District its at: o.s"
officers and/or agents against loss from all liabilities imposed by law, and shall be
maintained In full force and effect during the term of the Lease of the contract and in the
following amounts:
a. Limit of liability for comprehensive general liability-$1 000 000 aggregate liabilityfor
loss per accident.
L-- -o-f— ---- --- -- --- - - _ -- .-- Formatted.Font:Not Bold
b. --limit liability for personal iniury or accidental death�ne person $1,0 00 000•
aggregate liability per accident $1,000,000.
•— --------------------- -- - ---------- Formatted:Font Not Bold
c. Limit of liability for property damage-$1,000,000 aggregate liability for loss per
accident.
d. Shall also maintain statutory worker's compensation insurance
Les
. . -_.__.. - .. --....._..........-----------------------_
shall not be 1
Formatted:Font Not Bold
Formatted:Indent:Left: 0.5",Hanging: 03',
Widow/Orphan control
the lessee eF aRy peFson theFeGR 9F helding undeF said lessee,and that lessee WHI
liability of the ii'l-AllMd With FesPeGt to said pFemises Gr aNsing out of the
Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
11.&.4t.44 .-8#)-The Board shall enforceaaake--any#iRdiRgisreguire-nents ff+ad b at: o,s'
Formatted:
Revisions to Board
Font:(DefauR)Anal,11 pt
Title 8 Page 3
ATTACHMENT
the California Environmental Quality Act,the guidelines of the State and the District.
"---- Formatted:Indent:Left: 0.5"
12.The District reserves the rightto adiustthe limits of the insurance requirements based on the•,,.___ Formatted:Font:Not Bold
use of Dlstnct Property.
Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
-- Formatted:Font:(Default)Anal,11 pt
Revisions to Board
Title 8 Page 4
ATTACHMENT 3
8.01.015 Placement of Wireless Communications
Truckee Donner
Public Utility District may authorize wireless
communications companies o construct
and maintain monopoles and antennas GOuld be plaGed on certain District owned property sdshas
reveRue:by special lease issued at the discretion of the Board of Directors using the following steps
as a guideline:
and maiizita4ned an OiStFiGt owned prepeFty by speeial lease issued in the di6Grf_A9n of the Dis#iGt-.
1_B-04 015 2 Any party wishing to construct and maintain such a facility shall make application----- Formatted:Numbered+Level:1+
to the General Manager of the District,in a form prescribed,and shall submit the application Numbering Style:1,2,3,...+Start at:1+
with a non-refundable application fee as listed in the Miscellaneous Fee Alignment:Left+Aligned at: 0.25"+Indent
Schedule:: at: 0.5"
Formatted:Numbered+Level:1+
2_8�'t 5 3 The General Manager shall review the application and approve or disapprove Numbering Style:1,2,3,...+Start at:1+
ithe application 4-based on#conformance with the terms of the District's standard lease Alignment:Left+Aligned at: 0.25"+Indent
agreement; at: o.s
Formatted:List Paragraph,Left, No bullets or
3_ Installation of monopoles and antennas should Dose now numbering
significant visual impact sueh faGility may have on surrounding residential neighborhood;: Formatted;Numbered,.Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0,2511+Indent
4. The District should generate fair and reasonable revenue; at: 0.5"
Formatted:List Paragraph,Left, No bullets or
5_8.01.015.4 s
Co-development of wireless facilities shall be encouraged and the District' , numbering
standard lease agreement shall provide for co-development. The originating agency is Formatted;Numbered+Level:1+
required to notify the District and the District shall share in the monetary pain realized by the Numbering Style:1,2,3,...+Start at:1+
lessee: Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5•'
6. The General Manager will agendize the matter at a District Board meeting in order to give•,`. Formatted:Numbered+Level:1+
the public an opportunity to provide input' Numbering Style:1,2,3,.-+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
7. Any monopoles or antennas shall be approved by the Board of Directors or as delegated by,,!, Formatted:List Paragraph,Left, No bullets or
the Board,to the General Manager,or his or her designee numbering
Formatted:Numbered+Level:1+
8.01.015.1 The Board of Directors shall award the lease in a resolution and include the following!', Numbering Style:1,2,3,...+Start at:1+
steps: Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
1. General Manager or his designee may execute the lease' Formatted:List Paragraph,Left, No bullets or
numbering
2. Require at a minimum$500 monthly rent for non public safety entities or the Board at its Formatted:Numbered+Level:1+
discretion,may assign a value: Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0,25"+Indent
at: 0.5"
3. Requires a cost of living increase every year based upon the Consumer Price Index- Formatted:List Paragraph,Left, No bullets or
numbering
4. Term of lease to be five Years with an option(s)to renew not to exceed 25 Years total; Formatted:Font:sold
Formatted:Font:(Default)Arial,11 pt
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ATTACHMENT
5. District shall retain control over the use of the parcel and the design of any structure
monopole and/or antenna to be constructed thereon:
6. Lessee shall reimburse the District for all costs expended in connection with the agreement------- Formatted:Indent:Left: 0.25",Outline
Including legal,englneenna. appraisal advertising and administrative costs: numbered+Level:I+Numbering Style:1,2,
t 3,...+Start at:1+Alignment:Left+Aligned
7. The Lessee shall covenant and agree to indemnify,defend and hold the District harmless, at: 0.5"+Indent at: 0.75"
from and against all claims, actions or suits for any loss liability, injury, and damage to Formatted:List Paragraph,Left, No bullets or
person or property Including but not limited to attomevs'fees experts'fees and costs which numbering
may be asserted against the District because of the Lessee's encroachment of the District's Formatted:Indent:Left: 0.25",Outline
Property;
numbered+Level:1+Numbering Style:1,2,
3,...+Start at:1+Alignment:Left+Aligned
at: 0.5"+Indent at: 0.75"
8. The Lessee shall furnish satisfactory proof, by certificate presented to the District within ---- Formatted:Indent:Left: O.zS",Outline
fifteen days of the date of the Lease that he/she/it has comprehensive general liability numbered+Level:1+Numbering Style:1,2,
Public liability and property damage insurance The insurance shall name the District as an 3,...+Start at:1+Alignment:Left+Aligned
additional Insured be the primary insurance and protect both the Applicant/Permittee and at: 0.5"+Indent at: 0.75"
the District its officers and/or agents against loss from all liabilities imposed by law,and
shall be maintained In full force and effect during the term of the Lease of the contract and in
the following amounts:
a. Limit ofliabilityfor comprehensive general liability-$1 000000aggregateliabilitvfor--------F
ed:Indent:Left: O.5",Hanging: os",
loss per accident. d+Level:1+Numbering Style:a,b,
tart at:1+Alignment:Left+Alignedb. Limit of liability for personal injury or accidental death-one person $1 000 000;.--- Indent at: l.zs"aggregate liability per accident $1 000 000 ed,Indent:Left: 0.5",Hanging: 0.5",
d+Level:1+Numbering Style:a,b,
tart at:1+Alignment:Left+Aligned
c. Limit of liability for property damage- $1 000 000 aggregate liability for loss per Indent at: l.zs"
accident. Formatted:Indent:Left: 0.5",Hanging: 0.5",
Numbered+Level:1+Numbering Style:a,b,
d. Shall also maintain statutory worker's compensation insurance c,...+Start at:1+Alignment:Left+Aligned
at: 1"+Indent at: 1.25"
Formatted:Indent:Left: 0.5",Hanging: 0.511,
e. The District reserves the right to adlust the limits of the Insurance requirements'-• Numbered+Level:1+Numbering Style:a,b,
c,...+Start at:1+Alignment:Left+Aligned
based on the use of District property. at: 1"+Indent at: 1.25"
Formatted:List Paragraph,Left, No bullets or
8.01.015.26 Upon approval by the District,the applicant will be required to make application to the numbering
appropriate planning and zoning agency for the specific land use approval for the site. Formatted:Indent:Left: 0.5",Hanging: 0.5",
Numbered+Level:1+Numbering Style:a,b,
c,...+Start at:1+Alignment:Left+Aligned
—PAat: 1"+Indent at: 1.25",No widow/orphan
mntrol
8.01.020 Relocation and Real PropertyAcauisition Guidelines-Stale and Federal laws require
public agencies to adopt rules and regulations that implement the requirements of the California
Uniform Relocation Act, Government Code Section 7260 et seq. and the United States Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C.Section 4601
at seq.).Section 7267.8 of the California Government Code provides that,with respect to federally
funded projects,public entities shall provide relocation assistance as required under federal law.
8.01.020.1 In implementation of the State Act,the District has adopted the Relocation Assistance
Formatted:Front:(Default)Arial,11 pt
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- - - -- -- ------------- ----------------------- ----:-- ------ --
Tide 8 Page 6
ATTACHMENT 3
and Real Property Acquisition Guidelines,25 California Code of Regulations Section 6000 et seq.,
as its rules and regulations for relocation assistance and real property acquisition.(See Exhibit A
attached to TDPUD Resolution No.9322.)
8.01.020.2 In implementation of the Federal Act,the District has adopted the Federal Guidelines,
49 CFR Part 24,as its rules and regulations for relocation and real property acquisition of federal or
federally-assisted projects.(See Exhibit B attached to TDPUD Resolution No.9322.)
CHAPTER 8.04
EASEMENTS
Sections:
8.04.010 Use of Paved District Easements for Access to Privately
Owned Property
8.04.020 Abandonment or Relocation of Unused Easements
8.04.030 Grants of Easements of District Property
8.04.010 Use of Paved District Easements for Access to Privately Owned Property-The
Truckee Donner Public Utility District maintains paved easements throughout the District in order to
access its facilities. Occasionally,the access easement for the District is also the most reasonable Formatted:Numbered+Level:1+
access to a property owner's parcel.The following steps are a guideline to - Numbering Style:1,2,3,...+start at:2+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
determine in which situations it is proper to Formatted:Indent.Hanging. 0.25
permit a private property owner to use an existing paved District easement for access to his
; Formatted:Font:Not sold
property:
Formatted:Indent:Left: 0.25",Hanging:
0.25"
Formatted:indent:Left: 0.19",Hanging:
0.38"
1.�0484Ba{A}-A petition-shall be_ii_led-bythe-property owner requesting-permission from the-; ;'
District to use an existing paved District easement for access to his property,
— ------ -' Formatted:Font Bold
.. Formatted:Indent:Left: 0.5"
---._-------------- --------- -- - - - - ... �- Formatted:Numbered+Level:1+
.
2_�84.010.!l�Each petition is to be reviewed by the Distr+st-General Manager on an-" Numbering Style:1,2,3,...+Start at:2+
individual basis,since each such request will involve unique facts and circumstances: Alignment:Left+Aligned at: o.2s^+Indent
= at: o.s'
3_8 84 040:1{G�—If the General Manager sisk+s decides to grant permission for use of its Formatted:Numbered+level:1+
Numbering Style:1,2,3,...+Start at:2+
paved easement,it shall do so by granting a revocable,non-transferable license. In no case Alignment:Left+Aligned at: 0.25"+Indent
shall the District grant an easement or any other permanent property interest to a petitioner;: at: 0.5"
Formatted:Numbered+Level:1+
4_&.444404{B)—Before the General Manager 13istFieEwill grant a license to a petitioner,the--" Numbering Style:1,2,3,...+Start at:2+
person who owns the property underlying the paved District easement shall also agree,in Alignment:t eft+Aligned at: D.25"+Indent
at: 0.5"
writing,to the grant of the revocable,non-transferable license:
Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:2+
5_8.04 (€) Any license granted shall be revocable,and may be revoked by the District`" Alignment:Left+Aligned at: 0.25"+Indent
for any reason in the District's sole discretion,with thirty 30 days written notice;: at: 0.5"
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ATTACHMENT 3
6_ :84 OVA UR The District shall grant a license only to the property owners who signed the-------- Formatted:Numbered+Level:l+
petition,but the license may extend to the petitioner's immediate family and guests;: Numbering Style:1,2,3,...+Start at:2+
Alignment:Left+Aligned at: 0.25"+Indent
Z. &04A O.a The petitioner shall be required to keep the paved District easement free at- --_ at: 0.5"
all times from parked vehicles or other obstructions. If the District easement is blocked by Num"a d'Numbered,.Level:1+
umberi Style:1,2,3,...+Start at:2+
the petitioner,such obstruction will be removed at the petitioner's expense;: Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
8. In no case shall a petitioner's vehicle garage driveway,or any equipment or improvement
come within 50 feet of any existing District facilities including District water tanks pump
houses,and similar facilities.
9_9.04.010.!(H) The petitioner shall bear equal responsibility with the District for the- Formatted:Numbered+Level:1+
maintenance of that portion of the paved District easement used by the petitioner. The Numbering Style:1,2,3,...+Start at:2+
petitioner shall be required to pay to the District a yearly maintenance fee,which amount will Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
be used for maintenance of the easement. In the event that the cost of maintenance
exceeds the accumulated maintenance fee,then the petitioner shall be required to pay to
the District the amount of such excess;:
-"'--- Formatted:Indent:Left: 0",First line: 0"
_-1. Formatted:Numbered+Level:1+
A Numbering Style:1,2,3,...+Start at:2+
nonrefundable application fee as listed in the Miscellaneous Fee Schedule to be paid b att:: 0 0.5.5"t:y A Left+Aligned at: 0.25"+indent
"
petitioner shall accompany each petition presented to the District to cover District costs
related to review and preparation of the access documents-
------ Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:2+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
8.04.010.12 The Petitioner's request that the District grant
permission for use of one of its paved easements for access by the property owner to his parcel
shall be made by petition iR the#ellew'Ag#eraausing the following steps:
1. The petition shall state that the petitioner understands that any license granted by the District'-----[Alignm
ormatted:Numbered+Level:1+
shall be non-transferable and shall be revocable at the District's sole discretion The umbering Style:1,2,3,...+Start at:1+
petitioner shall further acknowledge that should the District revoke the license then the ent:Left+Aligned at: 0.25"+Indent
: 0.5"
Petitioner would be regulred to obtain other access to the Detltloner's'prooerty°and to any_._,- _house,Igarage,or other improvement thereon. In view of this the petitioner shall agree to Formatted:Highlight
construct any house, garage, or other improvement so that the same can be reached
through alternate methods of access in the event that the District revokes any license
granted. Further, the petitioner shall agree that because any license granted will be
revocable, at the District's discretion,the petitioner shall not expend time and money on
improvements in reliance on the continued existence of the license and the petitioner shall
waive the right to claim that the license has become irrevocable by virtue of the petitioner's
reliance on continued use of the license,•
2. The petition shall state specific reasons whythe petitioner needs access across an existing
District easement,and shall state specifically why the petitioner is unable to obtain alternate
access:
Formatted:Font:(Default)Arial,11 pt
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ATTACHMENT
1. &04: U_.1(A)`The petition shall list the full names of all property owners of record,including------ Formatted:Numbered+Level:1+
their mailing addresses and telephone numbers,and shall contain notarized signatures of all Numbering Style:1,2,3,...+Start at:1+
such record property owners;: Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
4_&04. W.2WThe petition shall identify the petitioner's parcel by a full legal description,and-- ----- Formatted:Numbered+Level:1+
by the assessor's parcel number. The petition shall have attached to it as an exhibit a copy Numbering Style:1,2,3,...+Start at:1+
of the recording subdivision map, if any, showing the petitioner's parcel and the existing Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
District easement. If no recorded subdivision map exists,the petitioner shall attach as an
exhibit to the petition a scale map of the petitioner's parcel,the District easement,and all
adjoining parcels,roads,and easements;:
5_>. 830 WGj`The petition shall have attached to it,as an exhibit,a copy of the most recent------- Formatted:Numbered+Level:1+
title report issued with respect to the petitioner's property_: Numbering Style:1,2,3,...+Start at:I+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
8.04.010.2(g) The P8titi9R shall state that the p8titig%F undeFstands that any"Gense qFaRted b
Formatted:Right: 0.9"
6_&.84,6U"(F4—The petition shall state that the petitioner understands that any use of the--- Formatted:Numbered+Level:l+
District's easement pursuant to a license granted by the District is permissive,and petitioner Numbering Style:1,2,3,...+Start at:1+
shall therefore waive any right to assert at any time that he has acquired any rights to the Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5'
easement by virtue of prescription or adverse possession,-.
7_&A4840.'�-The petitioner shall agree to extend his homeowner's liability insurance policy---- Formatted:Numbered+Level:1+
to cover the entire area of the easement that will be used by the petitioner,or,alternatively,to Numbering Style:1,2,3,...+Start at:I+
purchase a new policy of liability insurance covering that portion of the easement used by the Alignment:Left+Aligned at: 0.25"+Indent
petitioner,: at: 0.5"
8_&A44*04WThe petitioner shall agree to indemnify,defend and hold the District harmless---._FAfignment:
d:Numbered+Level:I+
from any claims or liabilities of any kind resulting from use of the license by the petitioner,his g Style:A 2,3,...+start at:1+
t:Left+Aligned at: 0.25"+Indent
immediate family and guests;. d:Numbered+Level:1+
&441 10.V -The petition shall state that the petition,or a license agreement if required try g style:1,2,3,...+start at:1+
the District,may be recorded by the District to putfuture purchasers on notice of the fact that t:Left+Aligned at: 0.25"+Indent
the license is non-transferable and revocable;:
Formatted:Numbered+Level:1+
10.&84914.'4 "-The petition shall acknowledge that a yearly maintenance fee shall be required"" Numbering Left 1,2,3,...+start at:l+
Alignment:Left+Aligned at: 0.25"+Indent
of the petitioner, and further acknowledge that the petitioner shall share equally with the
District all costs of maintaining the portion of the District's easement used by the petitioner, Formatted:Font:(Default)Aral,11 Pt
Revisions to Board
Title 8 Page 9
ATTACHMENT
even if that amount exceeds the accumulated amount of the yearly maintenance fee;:
11.9404 0-1^. ' The petitioner shall acknowledge that the easement must be kept free of any Formatted:Numbered+Level:I+
parked vehicles or other obstructions at all times,and that the petitioner shall pay the cost of Numbering Style:1,2,3,...+Start at:1+
removing any such obstruction;.. Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
12.g^".^' ) The petitioner shall acknowledge that he shall not locate a house,garage,-------- Formatted:Numbered+Level:I+
driveway,vehicle or other improvement within 50 feet of the nearest District facility;: Numbering Style:1,z,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+indent
at: 0,5°
13. The petition shall acknowledge that the license may be revoked by the District
in its discretion,with thirty(30j days written notice;: Formatted:Numbered+Level:I+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
14.8 04.010.2(N) The petitioner shall acknowledge that the transfer or attempted transfer of the at: 0.5°
petitioner's real property to any person other than those who signed the petition shall Formatted:Numbered+Level:I+
automatically and immediately cause the revocation of the license,-- Numbering Style:1,2,3,...+Start at:I+
Alignment:Left+Aligned at: 0.25"+Indent
15. 8:2(A}-The petitioner shall acknowledge that a license will be granted by the District t-__ at: 055"
only if the owner of the property underlying the District easement also agrees to grant a N�u
matted:Numbered+Level:1+
license. The petitioner shall acknowledge that It is his Fes bering Style:1,2,3,...+Start at:I+
P g responsibility obtain a commitment nment:Lek+AI'gned at: 0.25"+Indent
from the owner of the property underlying the District easement to the grant of a license to at0.5"
the petitioner.
8.04.010.23 Review of petition-A petition for access,as provided by the property owner,shall be
reviewed by the District- Enoineers
E'^^'^^DepartmeRts Upon review of the petition,should the access be deemed acceptable,the
EngineeFiAg Depa t^^eRan agreementt shall be prepared are egreeA%4*for the access, including
information provided within the guidelines of this policy. A recommendation will be made to the
General Manager, takinq into consideration the District's future plans The agreement shall be
reviewed by District Counsel.
8.04.010.34 Action by Board of Directors- A decision to allow joint access shall be a Board level
decision. If the Board votes to allowjoint access,it shall do so by resolution,said resolution setting
forth the pertinent facts giving rise to the access.
dOGUFnents-.
8.04.020 Abandonment or Relocation of Unused Easements-The purpose of this policy is to
guide the District in its decisions regarding abandonment or retention of unused easements or
relocation of existing easements as a result of lot line adjustments. At the time that development
occurs,there is uncertainty as to the need for the extension of water and electric lines. Based on
that uncertainty,it is prudent for the District to secure utility easements for future line extensions. As
an area completes its development,the uncertainties become less present,and certain reserved
easements can be abandoned or relocated. When a property owner petitions the District to
abandon or relocate unused reserved easements,the following procedures shall be followed.
It is the intent of this policy to protect the District's access to easements while giving property owners Formatted:Font:(penult)Anal,11 pt
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ATTACHMENT 3
the opportunity to clear their parcels of easement restrictions that will not be used in the future by the
District.
Formatted:Numbered+Level:1+
8.04.020.1 Form of petition- A request that the District abandon or relocate an unused easement Numbering Style:1,2,3,...+Start at:1+Alignment:Left+Aligned at: 0.25"+Indent
shall be made by petition in the following form. Petitions to abandon or relocate an easement shall at: 0.5"
Include: Formatted:Indent:Left: 0.5"
Formatted:Numbered+Level:1+
1. A description of why the petitioner requests the easement be abandoned or relocated: Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
2_8:04:020A{A)—Identify the parcel involved by referring to the recorded Book and Page- at: o.s"
number of the Subdivision and the Assessor's Parcel Number;.. Formatted:Numbered+Level:1+
,- Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at 0.25"+Indent
at: 0.5"
3_8 94828a(B}Contain a sufficient description of the easement to allow the District to clearly tnumbering
"atted:Indent:Left: 0.5"
identify what easement is requested to be abandoned or relocated;: matted:List Par.,
Left, No hullers or
4. Contain a sketch of the parcel and all adioining parcels showing water and electric lines Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:I+
SerVing S81d parCelS: Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
5. Contain the name and notarized signature as well as mailing address of each owner of Formatted:Numbered+Level:i+
record of the parcel on which the easement sits ' Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
6_8.04.029.4{6} State whether any utility line of any type is presently using the easement,or, at: 0.5"
has used the easement during the past five years;._ Formatted:Numbered+Level:I+
Numbering Style:1,2,3,...+Start at:1+
f 11`.V J V 1. Alignment:Left+Aligned at: 0.25"+Indent
e!eGt."0G"R id i
at: 0,5"
'�y J`���-P`rt�"s- Formatted:Numbered+Level:i+
r Numbering Style:1,2,3,...+Start at:1+
petitieReF shall pay any F9G9Fd*Rg fees-` Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
FeIGGat@d
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
Formatted:Numbered+Level:1+
7_8 04.02�A(�-Contain the statement that petitioner is aware that the District makes not- Numbering Style:1,2,3,...+Start at 1+
guarantee that its quitclaim alone is sufficient to clear the title of the easement;: Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
8. Contain a statement that the petitioner shall pay anv recording fees associated with-., Formatted:List Paragraph,Left,;:ufo�
abandonment or relocation of the easement: numbering
Formatted:Numbered+Level:
8.04.020.1(14) GORWOR the name and RetaFiaed signature, as well as mailing addFess,of-, Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
Formatted:Numbered+Level:1+
9_ Anon refundable application fee as listed`, Numbering Style:1,2,3,...+Start at:I+
in the Miscellaneous Fee Schedule to be paid by petitioner shall accompany each petition Alignment:Left+Aligned at: 0.25"+Indent
presented to the District to cover District costs related to review and preparation of the at: 0.5"
necessary documents. Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
8.04.020.23 Review of petition - A petition to abandon or relocate unused easements shall be Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
reviewed by the District Engineers' Formatted:Font(Default)Aria],11 pt
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ATTACHMENT
Foremen. The petition,proposed quitclaim deed and new easement if applicable shall be reviewed
by District Counsel.
.8.04.02o.3 A recommendation will be made to the General Manager taking into consideration the Formatted:Font:sold
- - -
District's future plans for the extension of utility lines.
8.04.020.4 Action by Board of Directors-A decision to abandon or relocate an easement shall be a
Board level decision. If the Board votes to abandon or relocate, it shall do so by resolution,said
resolution setting forth the pertinent facts giving rise to abandonment or relocation,and noting that
only the subject easement is being released in order to insure District retention of any other
easements located on the same parcel.
In making its decision,the Board shall considerfuture District plans forwater and electric lines.,and Formatted:Highlight
facilities,the proximity of the parcel to undeveloped property,and the reasons set forth by petitioner
for requesting abandonment or relocation.
8.04.020.55 Form of abandonment or relocation
1_8,04.020.5(A) Any abandonment of an easement specific to the Truckee Donner Public- ----- Formatted:Numbered+Level:I+NumberingUtility District shall be accomplished by quitclaim deed or abandonment of easement Numbering Style:1,2,3,...+Start at:1+
document:: Alignment:Left+Aligned at: 0.25"+Indent
at: 0.5"
2_&84,02A:5fR+-Any relocation of an easement specific to the Truckee Donner Public Utility----- Formatted:Numbered+Level:I+
District shall be accomplished by the District quitclaiming its interest in the old easement and Numbing Style:1,2,3,...+start at:1+
the land owner granting a new easement by grant deed to the District,- Alignment:Left+Aligned at: 0.25'+indent
at: 0.5"
3_ 84-028-5(G) Any abandonment or relocation of a public utility easement shall be' ---- Formatted:Numbered+Level:1+
accomplished by a abandonment of easement document fetter-executed by the General Numbering Style:1,2,3,...+Start at:1+
Manager and recorded with the County in which the parcel is Alignment:Left+Aligned at: 0.25"+Indent
located. at: o.s"
8.04.030 Grants of Easements on District Property Whenever Possible the District will orant
licenses for a specified period of time in lieu of Perpetual easements Use of District easements
must include the following steps:
1. Request for easement shall be made to the General Manager or the District Engineers:
2. Request shall be in writing and shall include copies of each of the following documents:
a. Location and site map on an eight and one-half by eleven-inch sheet
b. Legal description of easement
c. Plat map of easement:
d. Plans and specifications for any construction grading or otherwork to be done within
the easement,including profile drawings:
e. An environmental impact statement or negative declaration if required by CEQA and
the guidelines of the state and District.
3. A non refundable application fee as listed in the Miscellaneous Fee Schedule to be paid to
the District at the time an easement is requested to cover the District's usual costs of
Processing the request.Any costs incurred by the District in excess of$500 including costs Formatted:Font:(Default)Arial,11 pt
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of labor,materials engineering surveys appraisals and overhead expenses shall be paid
by the party requesting the easement:
4. The District shall determine the fair market value of the easement which shall be paid to the r - Formatted: No bullets or numbering
District in full at the time of conveyance of the easement.The District in its discretion may
assign the current market value per square foot to the easements covering an area not in
excess of four thousand square feet,unless the grantor objects in which event the District
will obtain an appraisal of the easement.
5. Any easement,with a term of five years or less and a fair market value of less than$10 000
maybe granted by the General Manager or designee without additional authorization of the
Board of Directors.The granting of all other easement shall be specifically authorized by the
Board of Directors:
' �-� Formatted: No bullets or numbering
6. Easements shall be for limited purposes and subject to such conditions as the District shall
specify in the grant of easement . Unless otherwise expressly specified in the grant the
easement shall be subject to the following conditions:
a. The use of the easement shall be subordinate to the paramount right of the District to
use its lands for utility purposes. No use of the easement shall cause any substantial
interference with the District's use of the land or with the operation maintenance repair
or installation of District facilities therein-
b. No building or portion of a building shall be within the easement area&
C. Upon completion of construction within an easement the ground surface shall be
restored as near as possible to the condition it was in prior to the construction with all
rubbish and foreign materials removed and the area left in a safe and clean condition
d. As-built drawing procedures-see Section 5 01 027 regarding project documentation- ----- Formatted:Indent:Left: 0.5",Numbered+
deposit and Appendix B for District policy regarding As-Built Drawings Level:1+Numbering style:a,b,c,...+start
at:1+Alignment:Left+Aligned at: 1"+
7. For land locked parcels, the District shall consider, but will not be required to issue an Indent at 1.25"
easement for ingress,egress and utility purposes only. Formatted:Indent:Left: 0,75", No bullets or
numbering
& The District,in its sole and absolute discretion may approve deny,or set any limitations or- , Formatted:Indent:Left: 0.75", No bullets or
conditions on any easement on District property.The District may also at any time alter, numbering
amend,modify,rescind,or revoke a Grant of Easement,all without recourse or remedy by Formatted'Indent:Left: 0.25",Numbered+
Level:1+Numbering Style:1,2,3,...+Start
the requestor for an Easement or liability to the District. The District may also amend modify at:1+Alignment:Left+Aligned at: 1"+
or rescind this policy at anytime without recourse or remedy by any requestor or with liability Indent at: 1.25"
to the District.
-'9. The Petitioner shall covenant and agree to indemnify,defend and hold the District harmless Formatted:Indent:Lek: 0.77, No bullets ornumbering
from and against all claims, actions,or suits,for any loss liability, injury, and damage to Formatted:Indent:Left: 0.25",Numbered+
person or property including but not limited to attorneys'fees experts'fees and costs which Level:1+Numbering Style:1,2,3,
may be asserted against the District because of the Petitioner's use of the District's property' at:1+Aliignment:Left+Aligned at: 1"+
Indent at: 1.25"
10.The Petitioner shall furnish satisfactory proof,by certificate,presented to the District with in• ----- Formatted:Indent:Left: 0.25",Numbered+
fifteen days of the date of the Grant of the Easement, that he/she/it has comprehensive Level:1+Numbering Style:1,2,3,...+start
general liability,public liability and property damage insurance. The insurance shall name at:1+Alignment:Left+Aligned at: 1"+
the District as an additional insured be the Primary insurance and protect both the Petitioner Indentat: 1.25"
and the District,its officers and/or agents against loss from all liabilities imposed by law,and
Formatted:font:(Default)Arial,11 pt
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Title 8 Page 13
ATTACHMENT
shall be maintained in full force and effect during the term of the Easement in the following
amounts:
a. Limitof liability for comprehensive general liability-$1,000,000 aggregate liabilitvfor------ Formatted:Inden t:Left: 0.5",Hanging: 0.5",
loss per accident. Numbered+Level:1+Numbering Style:a,b,
c,...+Start at:1+Alignment:Left+Aligned
b. Limit of liability for personal injury or accidental death-one person. $1 000 000:--•--_ at: 1"+Indent at: 1.25"
aggregate liability per accident,$1,000,000. Formatted:Indent:Left: 0.5",Hanging: 0.5",
Numbered+Level:1+Numbering Style:a,b,
c,...+Start at:1+Alignment:Left+Aligned
c Limit of liability for property damage- $1 000 000 aggregate liability for loss per at: 1"+Indent at: 1.25"
accident. Formatted:Indent:Left: 0.5",Hanging: 0.5",
Numbered+Level:1+Numbering Style:a,b,
d. Shall also maintain statutory worker's compensation insurance. c,...+Start at:1+Alignment:Left+Aligned
at: I"+Indent at: 1.25"
11.The District reserves the ri_qhtto adjust the limits ofthe insurance requirements based on the•. Formatted:Indent:Left: 0.5",Hanging: 0.5",
Numbered+Level:1+Numbering Style:a,b,
use Of District property. c,...+Start at:I+Alignment:Left+Aligned
at: 1"+Indent at: 1.25"
12.As of April 2009, all future easements will be subject to the terms and conditions stated-,',, Formatted:Indent:Left: 0.25",Numbered+
within District Code,Title 8,District Property. Level:I+Numbering Style:1,2,3,...+start
at:1+Alignment Left+Aligned at: 1"+
Indent at: 1.25"
Formatted:Indent:Left: 0.5", No bullets or
numbering
CHAPTER 8.06 Formatted:Indent:Left: 0.25",Numbered+
Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 1"+
RECORDABLE DOCUMENTS Indent at. 1.25"
Formattied:Indent:Left: 0.75"
Sections:
Formatted:Indent:Left: 0.75"
8.06.010 Recordable Documents
8.06.020 Reporting Requirements Regarding Real Property and
Easements
8.06.030 Retention of Real Property Documents
8.06.010 Recordable Documents—All documents affecting the title to,or possession of real
property owned by the District shall be recorded promptly upon execution by the authorized official of
the District in accordance with the recording status of the State of California.The General Manager Formatted:Indent:Left: 0.25",Numbered+
of the District is authorized as follows: Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: I"+
1_8406:0444E-To accept and consent to the recordation of any deeds granting easements ors Indent at: 1.25"
any other interest in real estate to the District;: Formatted:Indent:Left: 0.25",Numbered+
Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 1"+
2_&.06 040�To accept and consent to the recordation of any deeds or other documents at:
at: 1.25"
which grant a restriction on the grantor's real property in favor of the District;,. Formatted:Indent:Left: 0.25",Numbered+
Level:1+Numbering Style:1,2,3,...+Start
3_ 3-To accept and consent to the recordation of any notices which the District has`" at:1+Alignment:Left+Aligned at: 1"+
requested the grantor record against the grantors real property;: Indent at: 1,25"
Formatted:Indent:Left: 0.25",Numbered+
4_8 940.4 To accept, sign, and consent to the recordation of an deeds releasin or- �I�1 li Numbing Style:1,z,3,...+start
p g Y 9 at:1+Alignment:Left+Aligned at: 1"+
abandoning easements owned bythe District that the General Manager determines are not Indent at: 1.25"
needed by the District;: Formatted:Font(Default)Anal,a pt
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ATTACHMENT
5_8:4.A . To sign letters documents on behalf of the District,directed to Nevada or Placer ---- Formatted:Indent:Left: 0.25",Numbered+
County, informing such counties of the District's willingness to release or abandon public Level:1+Numbering Style:1,z,3,...+start
utility easements if the General Manager determines that such easements are not needed by at:1+Alignment:Left+Aligned at: 1"+
the District. Indent at: 1.25"
8.06.020 Reporting Requirements Regardinq Real Property and Easements-The General
Manager is to submit to the Board of Directors in January of each year a report of all real property
and easements accepted or abandoned during the previous year with the exception of temporary
blanket easements and the subsequent abandonment when construction is deemed complete b-
District staff-.
8.06.030 Retention of Real Property Documents
8.06.030.1 Original recorded real property documents shall be retained by the department
designated by the General Manager, or his/her designee and in a manner so as to prevent
destruction from fire,flood,earthquake and other disasters.
8.06.030.2 Real Property Database-The District shall maintain an inventory of all properties owned
in fee simple interest by the District,and each property shall be identified by use:operating held for
future use and surplus.
,8.06.030.3 Real Property Easements—The District shall maintain an inventory of all easements_--_- Formatted:Highlight
issued to or by the District.
CHAPTER 8.08
IMPROVEMENTS
Sections:
8.08.010 Conditions of Acceptance
8.08.010 Conditions of Acceptance
8.08.010.1 All development agreements calling for works of improvement in an amount of
$4400,000 or more to be constructed pursuant to the District's standards and guidelines,shall be
authorized by 9F&kiasethe Board.
8.08.010.2 All development agreements calling for works of improvement in an amount less than
$4400,000 to be constructed pursuant to the District's standards and guidelines,shall be authorized
by ReseluboR he General Manager.
8.08.010.3 Acceptance of all works of improvement subject to the District's standards and
guidelines and constructed pursuant to a development agreement,shall be accepted for transfer
and dedication to the District,by Reselatlenthe General Manager(Res.90-03).
CHAPTER 8.12 Formatted:Font:(Default)Arial,11 pt
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ATTACHMENT 3
DISTRICT COMPLEX HEADQUARTERS
Sections:
8.12.010 Use of the Board Room
8.12.012 Public Art Display In District Headquarters
8.12.010 Use of the Board Room
8.12.010.1 The Boardroom of the Truckee Donner Public Utility District will be available on a first
come,first serve basis by other governmental agencies and by-not-for-profit organizations and for-
profit organizations serving the Truckee community.
8.12.010.2 In all cases,the District use of the Board room takes priority over all others.
8.12.010.3 Governmental agencies and not-for-profit organizations may use the Boardroom at no_ " Formatted:Font:Bold
charge.
8.12.010.43 For-profit organizations may use the Boardroom and
shall be charged a fee 447-15 er the Miscellaneous Fee Schedule for each day's use of the Board
room.
8.12.010,45-The General Manager,or his designee,shall maintain the schedule of use of the Board
room.
8.12.010.66 The General Manager shall report annually during the month of January to the Board of
Directors regarding the use of the Board room by outside organizations during the previous year.
8.12.012 Public Art Display at District Headquarters
It is the policy of the District to display art work in the District headquarters building created by
local area artists under the terms set forth below.
8.12.012.01.PubloG Art Displays Public Art Display s are defined watercolor,oil,pastel, Formatted:Font Bold
pencil, photographic and other forms of artwork hung in public areas within the District's facilities
for a period of no less than six(6)months.
8.12.012.02Art+stiG Theme-The artistic theme of all artwork displayed in District facilities shall bey------- Formatted:Justified
Truckee history,our local environment and/or pizublic uW-ilities. Such artwork must be politically Formatted:Font:Bold
EE�E]
neutral and in good taste.
8.12.012.031jakMtA11_artisans dispiayingtheir_work in Districtfacilities_must agree_to and_sign"_"""--- Formatted:Font:Bold
a Public Art Display Waiver of liability in order for their work to be displayed in District
Facilities.
8.12.012.04. All artwork will have a descriptive placard located in the bottom Formatted:Font:Bold
right corner of the piece detailing the name of the piece,its price and artist contact information.
CHAPTER 8.16
-- Formatted:Font:(Default)Argil,11 pt
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Title 8 Pa9e 16
ATTACHMENT 3
DAMAGE TO DISTRICT PROPERTY
Sections:
8.16.010 General
8.16.010 General-In the event of damage to property owned by the District,which the Manager
believes to be the result of intentional and malicious activity,the District Manager is authorized to
advertise an offer of reward for information which leads to the arrest and conviction of those persons
responsible for the damage.
The amount of the reward shall be determined#;-at the discretion of the District General Manager,
but in no event shall exceed the smaller of the sum of$1,000 or 10%of the amount of the estimated
damage.
Formatted:Front:(Default)Arial,11 pt
.Revisions to Board
Title 8 Page 17
ATTACHMENT 3
CHAPTER 8.20(partial revision Aug.08)
DISPOSAL OF DISTRICT PROPERTY
Sections:
8.20.010 Disposal of Surplus Inventory, Materials, Office
Equipment and Vehicles
8.20.020 Disposal of Real Property
8.20.010 Disposal of Surplus Inventory,Materials,Office Equipment and Vehicles
8.20.010.1 Items of inventory,materials,office equipment and vehicles considered by staff to be no
longer necessary shall be listed on an appropriate form and presented to the General Manager.
8.20.010.2 For ittems with an estimated value in excess of$1,000 er item,the General Manager
shall direct that a Board auction declaring the items surplus be placed on an agenda for Board
review and approval. For items with an estimated value of less than the$1,000 per item,the Board
authorizes the General Manager to dispose of the surplus inventory at his discretion.
8.20.010.3 The General Manager shall for the disposal of surplus items,have the option of a trade-
in allowance for new replacement equipment,use of a contract auction company,or the public bid
process.
8.20.010.3(A) If the public bid process is to be used,then the General Manager shall advertise the
sale of the surplus items in the appropriate newspapers and journals.
i-In the event that no bids are received on some items,or the General Manager determines
that the bids received on certain items are not sufficient, the Board may authorize the
General Manager to dispose of such items at his discretion.
8.20.010.4 No Board member may bid on or purchase surplus property from the District.No person
who makes,participates in the making of,or influences the decision to dispose of surplus property
may bid on such items.This includes District staff,consultants,advisory committee members and all
other individuals who make, participate in the making of,or influence the decision regarding the
disposal of surplus property.
8.20.020 Disposal of Real Property
8.20.020.1 District real property is considered surplus when designated as such by the Board of
Directors.
8.20.020.2 Sale of District real property shall be in conformance with Government Code Sections
65402 and 54222.
8.20.020.31 In accordance with Government Code Section 54221, in order to dispose of real
property owned by the District, parcels would be surveyed and appraised and existing utilities
Revisions to Board d:Font:(pefaul)Ariai,11 pt
-- - - ...
Title 8 Page 18
ATTACHMENT 3
identified.
8.20.020.42 The District would then offer the parcels for sale or lease in accordance with
Government Code Section 54222.The notice would be sent to any public agency developing low
and moderate income housing,to the local recreation and park district, to the State Resources
Agency and to the local school district.
8.20.020.53 If public agencies do not respond within 60 days,the District can then offer the land for
sale to private parties.
8.20.020.64 There is no requirement in state law or in District policies requiring that land be sold to
a private parry by public bid process.The District may negotiate with adjacent land owners for sale
of land.
8.20.020.76 If a public agency does want to purchase the land,the District enters into negotiations
for a period of not less than 60 days,after which the property may be sold to any other party.
(California Government Code)
8.20.020.8 Approval of sales of real property-The Board shall approve any sale of real property. Formatted:Font:Not Bold
8.20.020.9 Exchange of surplus aropertv-The steps must include the following;_ Formatted:Font:Not Bold
1. Any proposed exchange of surplus property will require a finding-in-fact by the General
Manager that there is greater overriding benefit from the property received than from the
surplus land being exchanged;
2. The exchange of surplus property shall be approved by the Board of Directors, or as
delegated by the Board,to the General Manager or his or her designee.
8.20.020.10 Quit claims- The steps must include the following:. _ Formatted:Font:Not Bold
1. Quit claims of real property shall require the recommendation of the General Manager
District Engineers and Technical Programs Administrator:
2. Execution of the quitclaims shall be approved by the Board of Directors or,as delegated by
the Board,to the General Manager or his or her designee;
3. The financial consideration for the quitclaim shall,at a minimum, be fair market value or the"----- Formatted:Body Text 2,Left,Numbered+
original purchase price paid by the District to obtain the property. Level:1+Numbering style:1,2,3,...+start
at:1+Alignment:Left+Aligned at: 0.23"+
CHAPTER 8.24 Indent at: 0.5'
Formatted:Centered
RECORDS,FILES AND DOCUMENTS
Sections:
8.24.010 Removal of Records, Files and Documents from
District Premises
Formatted:Font:(
Revisions to Board •."' Default)Arial,11 pt
TNe 8 Page 19
ATTACHMENT 3
8.24.010 Removal of Records Files and Documents from District Premises-It is the policy of
the District that no records,files or documents be removed from the premises without prior approval
by an employee's immediate supervisor or,in the case of management employees,approval by the
General Manager.
I sm"1225/94
CHAPTER 8.30
ENCROACHMENT POLICY
8.30.010 General
8.30.020 Definition
8.30 030 Implementation
8.30.040 Encroachment Review Process
8.30.050 Request for Encroachment Permit
8.30.060 Rights of Appeal
8.30.070 Encroachment Glass ifi ratien s Categories and Encroachment Permit Costs
8.30.080 Limitation
8.30.010 General The intent of this policy is to define guidelines and parameters as it relates to
encroachments on (District)property.An"encroachment"is an entry onto or
use of District property without the District's explicit permission. Examples of encroachments are
fences,snow storage,wood or vehicle storage or buildings.roadways and driveways which have
intentionally or unintentionally been placed on District property.
The District, in its sole and absolute discretion, may approve, deny, or set any limitations or
conditions on any encroachment on District property and issue and, at any time, alter, amend,
modify,rescind,or revoke an Encroachment Permit for an encroachment,all without recourse or
remedy by an Applicant/Permittee for an Encroachment Permit or liability to the District. The District
may also amend, modify or rescind this policy at any time without recourse or remedy by any
Applicant/Permittee or with liability to the District.
8.30.020.Definition Formatted:underline
8.30.020.1"Encroachment"means an unauthorized entry onto or use of District property,including
removal or planting of vegetation,placement of structures or materials,snow removal or storage,or
other alteration of surface or landscape that may affect or alter the visual aspects and uses of
District property.
8.30.020.2 An"Encroachment Permit"is a contract between the District and the permit holder. An
Encroachment Permit is not a property right,such as an easement,nor does it confer a property
right. The Encroachment Permit cannot be transferred with the sale of real personal property.It is
mandatory that the encroachment be abated with the sale of the property.
8.30.020.3 Each Encroachment Permit issued shall have a maximum term of one year and must be
renewed if the Permittee would like the Encroachment Permit to extend beyond the term.
Encroachment Permits for the same encroachment will not be granted for more than a total of five
years.
Formatted:Font:(Default)Arial,11 pt
Revisions to Board
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ATTACHMENT 3
8.30.020.4 The Encroachment Permit Category cannot change from a more severe category to
lesser one at anytime.It is possible,at the discretion of the District,to change the designation to a
more severe category depending on the-whether the encroachment expands in scope or becomes
more severe.
8.30.030 Jmplementation-Steps must include the following: Formatted:Underline
Formatted:Font:Not Bold
EE�]
1_8.30.030.4 It is the responsibility of a property owner to know the location of property Formatted:Indent:Left: 0.25",Numbered+
boundaries, in particular when use of that property causes an encroachment onto District Level:1+Numbering Style:1,2,3,...+Start
property;.. at:1+Alignment:Left+Aligned at: 0.5"+
Indent at: 0.75"
2_830 030 2The District shall seek voluntary elimination of encroachments. Except where----- Formatted:Indent:Left: 0.25",Numbered+
otherwise specifically authorized, encroachments shall be removed and the District's Level:1+Numbering Style:1,2,3,...+Start
property restored to its pre-encroachment condition to the extent possible,: at:I+Alignment:Left+Aligned at: 0.5"+
Indent at: 0.75"
3_8.30.030.3The party responsible for an encroachment may request an Encroachment Permit• ------ Formatted:Indent:Left: 0.25",Numbered+
according to the process set forth below,including providing information required to support Level:1+Numbering Style:1,2,3,...+Start
the following findings and payment of a fee. The fee will be based upon the category of the at:1+Alignment:Left+Aligned at: 0.5"+
encroachment,- Indent at: 0.75"
4_8:304130.4The responsible party shall provide information to the District to verify and plan for-------- Formatted:Indent:Left: 0.25",Numbered+
the adequacy of restoration required. The encroachment shall be removed and restoration Level:1+Numbering Style:1,2,3,...+Start
shall be completed prior to the expiration of the Encroachment Permit,-. at:1+Alignment:Left+Aligned at: 0.5"+
Indent at: 0.75"
5_8.30.030.51f the District finds that the encroachment has not been satisfactory corrected,and------- Formatted:Indent:Left: 0.25",Numbered+
no response is received within 10 days,the District shall notify the property owner,or other Level:1+Numbering Style:1,2,3,...+Start
responsible party,that the District may eliminate the encroachment,restores the effected at:1+Alignment:Left+Aligned at: 0.5"+
area,and charge the responsible party for incurred costs. Indent at: 0.75"
8.30.040.Encroachment Review Process__ _ _ _ - -------_ -- Formatted:Font:Bold,Underline
Upon the report or discovery of an encroachment,the District's Technical Program Administrator
shall:
13.8.30.040.1 Investigate the encroachment to confirm that the area is or appears to be within------- Formatted:Numbered+Level:1+
the boundaries of District owned property.- Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Algned at: 0.25"+Indent
at: 0.5"
14.830.040.2-Notify the property owner or other responsible party of the encroachment by mail- --_,-
The notice shall include a description,which may include photograph or drawing of the Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
encroachment,and location,and shall request a response within 10 days of receipt of the Alignment:Left+Aligned at: 0.25"+Indent
letter;: at: 0.5"
15.8.30.040.3 If no response is received within 10 days,and the encroachment remains,the-- ----- Formatted:Numbered+Level:1+
District will notify the property owner or other responsible party of the encroachment by Numbering Style:1,2,3,...+Start at:1+
certified mail. If after 10 additional calendar days there is still no response,the District shall Alignment:Lek+Aligned at: 0.25"+Indent
at: O.S.
take necessary action,which may include legal action to remove the encroachment.
8.30.050 Request for Encroachment Permit-Steps must include the following: Formatted:Underline
Formatted:Font:Not Bold
Formatted:Font:(Default)Arial,11 pt
Revisions to Board
Title 8 Page 21
ATTACHMENT
1_8.30.050.1 A party responsible for an encroachment may request an Encroachment Permit------- Formatted:Indent:Left: 0.25,Numbered+
accordingly by filling out and submitting an application form along with all applicable fees;: Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 0.5"+
2_8.30.050.2 The encroachment shall not be contrary to any deed or other restriction for either-
Indent at: 0.75"
parcel or violate any local,state or federal statute,regulation or ordinance;.: Formatted:Indent:tent: ,Numbered+
Level:1+Numbering Style::1 1,,2 2,3,...+Start
at:1+Alignment:Left+Aligned at: 0.5"+
- .30860:3-The encroachment shall not detract from the visual character or use of the, ., Indent at: 0.75"
surrounding properties as determined by the Districts. Formatted:Indent:Left: 0.25",Numbered+
Level:1+Numbering Style:1,2,3,...+Start
at:1+Alignment:Left+Aligned at: 0.5"+
Indent at: 0.75"
Formatted:Indent:Left: 0.25",Numbered+
Level:1+Numbering Style:1,2,3,-..+Start
at:1+Alignment:Left+Aligned at: 03'+
16.8:30:050&The Applicant/Permittee shall covenant and agreeto indemnify,defend and hold• Indent at. 0.75",widow/orphan control
the District harmless from and against all claims, actions, or suits, for any loss, liability, Formatted:Numbered+Level:I+
injury,and damage to person or property including but not limited to attomeys'fees,experts' Numbering Style:1,2,3,...+Start at:I+
fees and costs, which may be asserted against the District because of the Alignment:Left+Aligned at: 0.25"+Indent
A Ilcant/Permittee's encroachment of the District'sproperty,-. at: o.s"
I PP�
17.&40:0504The Applicant/Permittee shall furnish satisfactory proof,bycertificate,presented------ Formatted:Numbered+Level:1+
to the District within fifteen days of the date of the Encroachment Permit,that he/she/it has Numbering Style:1,2,3,...+Start at:I+
comprehensive general liability, public liability and property damage insurance. The Alignment:Left+Algnedat: 0.25"+Indent
at: o.s"
insurance shall name the District as an additional insured, be the primary insurance and
protect both the Applicant/Permittee and the District,its officers and/or agents against loss
from all liabilities imposed by law,and shall be maintained in full force and effect during the
term of the Encroachment Permit of the contract and in the following amounts:
13. 8.30:850�1 Limitof liabilityfor comprehensive general liability-$1,000,000------- Formatted:Numbered+Level:I+
aggregate liability for loss per accident. Numbering style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 1"+Indent at:
1.25"
14. 8.30.050.6:3 Limit of liability for personal injury or accidental death-ones----- Formatted:Numbered+Level:1+
person,$1,000,000;aggregate liability per accident,$1,000,000. Numbering Style:1,2,3,...+Start at:I+
Alignment:Left+Aligned at: 1"+Indent at:
15. 8 30s5063Limit of liability for property damage-$1,000,000 aggregate 1,25"
liability for loss per accident. Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
16. Shall also maintain Statutory Worker's compensation insurance. Alignment:Left+Algnedat: 1"+Indent at:
1.25"
18.The District reserves the right to adjust the limits of the insurance requirements based on the-. Formatted:rodent:Left: tr'
use of District property. Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at.1+
Alignment:Left+Aligned at: 1"+Indent at:
8.30.060.111ghts of Anneal _ 1.25"
Formatted:Numbered+Level:1+
8.30.060.1 If the Applicant/Permittee wishes to appeal the Encroachment Classification, the Numbering Style:1,2,3,...+Start at:I+
Applicant/Permittee may request the decision to be reviewed by the General Manager of the District Alignment:Left+Aligned at: 0.27+Indent
by filing a request for review in writing.To be timely,the request for review must be received within at: 0.5"
fourteen calendar days of the date of the original written decision. The decision of the General Formatted:underline
Manager shall be conclusive and final. _.
Formatted:Underline
8.30.070.Encroachment Gfalsslf�satiene Categories and Encroachment Permit Costs , - Formatted:underline
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Title 8 Page 22
ATTACHMENT 3
8.30.070.1 Category 1 (Minor)—Gardens or other intentional or unintentional plantings,escaping
from private property through propagation by root,tube,trunk,limb,vine or other non-wind borne
means and incidental use.Cost of a Category 1 Encroachment Permit per the Miscellaneous Fee
Schedule.—$160.00 per yeaf.
8.30.070.2 Category 2 (Major)— Non-permanent structures and improvements, such as those
without durable and complete foundations.Non-permanent structures and improvements include
fences, paths, walkways, pavers, gravel, stone, earthen berms, earth fill, drainage across the
property,single or gang mail boxes,unpaved parking areas and storage areas that are not included
in permanent structures.Cost of a Category 2 Encroachment Permit per the Miscellaneous Fee
Schedule—$500.00 per yeaf.
8.30.070.3 Category 3(Special)—Permanent Structures are such as those which utilize a durable
and complete foundation. Permanent structures include buildings,concrete patios,paved parking
areas,driveways,decks with foundations,masonry walls,sheds,and rip-rap.Cost of a Category 3
Encroachment Permit per the Miscellaneous Fee Schedul .
8.30.070.4 The above lists are not all inclusive. The applicant must check with the District to
determine the encroachment slassifisatiGR category for as-the encroachment.
8.30.070.5 Prohibitive items for which Encroachment Permits shall not be granted include,but are
not limited to,the dumping of any non-toxic/toxic and non-hazardous/hazardous material or waste;
including fuel, oil, green waste, the spraying of pesticides, herbicides and insecticides and
deposition of any toxic or hazardous material including fertilizers.
8.30.070.6 Category 1 and 2 Encroachments Permits shall be reviewed and acted upon by District
Staff.
8.30.070.7 Category 3(Special)Encroachment Permits requires review and action as an agenized
item before the Truckee Donner PUD Board of Directors at a regularly scheduled meeting.
8.30.070.8 Once a year District staff will gather information on all Encroachment Permits,the status
of the same and will provide an annual report to the District's Board of Directors.
8.30.080.Limitation __ Formatted:Underline
8.30.080.1 An Encroachment Permit as described above is temporary,vests no permanent rights,
and does not attach to the land. The Permit may be revoked upon a minimum of thirty(30)days'
notice, unless a shorter notice period is specified in the permit or is justified by an imminent or
substantial risk to-of harm to persons or property.
8.30.080.2 Existing encroachments will be dealt with on a case by case basis.
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Revisions to Board
TiBe 8 Page 23
Title 8: Minute Orders and Resolutions to be replaced with a new resolution after
adopting the policy revisions (all references to Minute Orders and Resolutions in
the current code to be revised were included).
SECTIONS:
8.01.010 Lease of District Land
Resolution 78-10
8.01.015 Placement of Wireless Communications
Minute Order 97-85
8.01.020 Relocation an Real Property Acquisition Guidelines
Resolution 93-22
8.04.010 Use of Paved District Easements for Access to Privately Owned Property
Minute Order 85-78
8.04.020 Abandonment of Relocation of Unused Easements
Resolution 86-05
8.06.020 Reporting Requirements Regarding Real Property and Easements
Resolution 90-03
8.08.010 Conditions of Acceptance
Resolution 82-46
8.12.010 Use of Board Room
Resolution 87-51
8.12.012 Public Art Display at District Headquarters
Minute Order 05-68
8.16.010 Damage to District Property—General
Resolution 78-43
8.20.010 Disposal of surplus Inventory, Materials, Office Equipment and Vehicles
Resolution 82-12, 89-11
Minute Order 2008-86
8.20.020 Disposal of Real Property
California Government Code
8.24.010 Removal of Records, Files and Documents from District Premises
Resolution 84-11
8.30.080 Limitations
Minute Order 2008-103 (10/1/08)