HomeMy WebLinkAbout9 Donner Lake Assessment District Agenda Item # 9
Public Utility District
CONSENT
To: Board of Directors
From: Mary Chapman
Date: June 16, 2010
Subject: Consideration of Resolutions for the Donner Lake Assessment
District
1. WHY THIS MATTER IS BEFORE THE BOARD
This item concerns collecting Donner Lake Assessment District No. 00-1 assessment
charges in Nevada and Placer Counties by the adoption of standard resolutions. Only
the Board can adopt resolutions.
2. HISTORY
Resolution No. 9723 adopted on November 5, 1997 authorized the execution of a
standard form tax collection services contract on behalf of the District with the County
of Nevada. The contract states that the District must adopt an annual resolution
requesting placement of special taxes, special assessments and/or parcel charges on
the County of Nevada tax rolls. The lists are currently in preliminary form only and are
available in the Accounting Department. Final lists will be on record with Nevada and
Placer Counties and in the Administrative Services Department.
On May 2, 2001, the District adopted Resolution No. 2001-09 making determinations,
confirming assessments and proceedings, ordering the acquisition and construction of
improvements and taking certain other actions relating to Donner Lake Water
Assessment District No. 00-1.
3. NEW INFORMATION
This matter comes before the Board each year. We rely on Nevada and Placer
Counties to collect assessments and special taxes as line items on the annual
property tax bills.
• Attachment 1 is Resolution 2010-AA for the Donner Lake Assessment District No.
00-1 to collect the annual assessments for the fiscal year 2010-2011 with Nevada
County.
• Attachment 2 is Resolution 2010-BB for the Donner Lake Assessment District No.
00-1 to collect the annual assessments for the fiscal year 2010-2011 with Placer
County.
4. FISCAL IMPACT
The assessment district dollars collected are deposited into the Donner Lake checking
account and are used to pay principal and interest payments on the Department of
Water Resources State Revolving Fund loan and other assessment district expenses.
The estimated assessments for the 2010-2011 assessment period are $756,034.16
for Nevada County and $73,451.14 for Placer County.
5. RECOMMENDATION
1) Adopt Resolution 2010-AA requesting Nevada County to collect the Donner Lake
Assessment District No. 00-1 annual assessments for tax year 2010-2011 in the
amount of$756,034.16.
2) Adopt Resolution 2010-BB requesting Placer County to collect the Donner Lake
Assessment District No. 00-1 annual assessments for tax year 2010-2011 in the
amount of$73,451.14.
Mary Clf ma Michael D. Holley
Administrative Services Manager General Manager
Attachment 1
TRUCKEE DONNER
Public Utility District
Resolution No. 2010 On AA
Fixing and Placing Donner Lake Assessment District
Annual Charges on District Tax Roll for
Collection by the County of Nevada
WHEREAS, the Truckee Donner Public Utility District on May 2, 2001 adopted Resolution
No. 2001-09 making determinations, confirming assessments and proceedings, ordering
the acquisition and construction of improvements and taking certain other actions relating
to Donner Lake Water Assessment District No. 00-1; and
WHEREAS, by Resolution No. 9723 adopted November 5, 1997, the Board of Directors of
the Truckee Donner Public Utility District approved execution of a continuous Standard
Form Tax Collection Services Contract with the County of Nevada; and
WHEREAS, the District has now determined the lands affected thereby and the charges to
be assessed, levied and collected on the lands and parcels; and
WHEREAS,the assessments on each parcel shall be billed on the secured tax roll bills for
the fiscal year 2010-2011.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District as follows:
1. That the Board of Supervisors of the County of Nevada, State of
California, levy the Donner Lake Assessment District charges against the
parcels and owners of record listed on the computer itemization of
parcels kept and maintained in the Administrative Services Department
of the District and made a part hereof by reference, and that the County
Auditor and Tax Collector be instructed to levy and collect said charges
in the same manner as County taxes as by law and in said ordinance
provided. Upon completion and correction of the current list through
June 30, 2010, a copy will be forwarded to the Auditor Controller of the
County.
2. The District warrants and represents that charges imposed by the District
and being requested to be collected by Nevada County comply with all
requirements of state law, including but not limited to Articles XIIIC and
XIIID of the California Constitution (Proposition 218).
Resolution 2010-AA 1
Attachment 1
3. That a certified copy of this resolution be forwarded to the County
Auditor of the County of Nevada.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility
District at a meeting held within said District on June 16, 2010 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Jeff Bender, President
ATTEST:
Michael D. Holley, District Clerk
Resolution 2010-AA 2
Attachment 2
Public Utility District
pr
R
Resolution No. 2010 - BB
Requesting Collection of Donner Lake Assessment District
Annual charges on Placer County Tax Roll
WHEREAS, the Truckee Donner Public Utility District on May 2, 2001 adopted Resolution No.
2001-09 making determinations, confirming assessments and proceedings, ordering the
acquisition and construction of improvements and taking certain other actions relating to
Donner Lake Water Assessment District No. 00-1; and
WHEREAS, the Truckee Donner Public Utility District requests the County of Placer collect on
the County tax rolls certain charges which have been imposed by the District for the fiscal tax
year 2010-2011; and
WHEREAS, the County has required as a condition of the collection of said charges that the
District warrant the legality of said charges and defend and indemnify the County from any
challenge to the legality thereof.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District as follows:
1. The Auditor-Controller of Placer County is requested to attach for collection on the
County tax rolls those assessments attached hereto.
2. The District warrants and represents that the assessments imposed by the District
and being requested to be collected by Placer County comply with all requirements of
state law, including but not limited to Articles XIIIC and XIIID of the California
Constitution (Proposition 218).
3. The District releases and discharges County, and its officers, agents and employees
from any and all claims, demands, liabilities, costs and expenses, damages, causes
of action, and judgments, in any manner arising out of the collection by county of any
assessments on behalf of District.
4. The District agrees to and shall defend, indemnify and hold harmless the county, its
officers, agents and employees (the "Indemnified Parties") from any and all claims,
demands, liabilities, costs and expenses, damages, causes of action, and judgments,
in any manner arising out of the collection by County of any of District's said
Resolution 2010-1313 1
Attachment 2
assessments requested to be collected by County for district, or in any manner arising
out of District's establishment and imposition of assessments. District agrees that, in
the event a judgment is entered in a court of law against any of the Indemnified
Parties as a result of the collection of one of District's assessments the County may
offset the amount of the judgment from any other monies collected by County on
behalf of District, including property taxes.
5. The District agrees that its officers, agents and employees will cooperate with the
County in answering questions referred to District by County from any person
concerning the District's assessments and that District will not refer such persons to
County officers and employees for response.
6. The District agrees to pay such reasonable and ordinary charges as the County may
prescribe to recoup its costs in placing on the tax rolls and collecting the assessments
as provided by Government Code section 29304 and 51800.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility
District at a meeting held within said District on June 16, 2010 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Jeff Bender, President
ATTEST:
Michael D. Holley, District Clerk
Resolution 2010-BB 2