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HomeMy WebLinkAbout7 Donner Lake Water System Agenda Item bpi i i w Memorandum To: Board of Directors From: Peter Holzmeister Date: February 9, 2001 Donner Lake water system A. Assessment District Engineer's Report: Attached is the Assessment District Engineer's report for your review. Kristin Lowell will attend the meeting to answer questions about the report. It was necessary to prepare this report before proceeding with formation of the Donner Lake Water System Assessment District. This report provides the analysis and information necessary to proceed to the next step in formation of the assessment distirct. Recommendation: I recommend that the Board accept the Donner Lake Assessment District No. 00-1 Engineer's Report prepared by Lowell and Associates dated February 7, 2001. B. Resolution relating to formation of the assessment district: Attached is a draft resolution which, if adpoted by the Board, moves to the next step in possible formation of the Donner Lake Assessment District. The resolution authorizes sending ballots to Donner Lake property owners and sets a pulic hearing on April 4"' to hear protests. John Murphy, the attorney who has been working with us in this regard will attend the meeting to help discuss the resolution and the ballot process. Recommendation: I recommend that the Board adopt the resolution declaring the District's intent to take proceedings pursuant to the Municipal Improvement Act of 1913 and making certain finding and determinations in connection therewith, all relating to the formation of Donner Lake Assessment District No. 00-1 III II� IIII � • r 99�' Resolution No. 2001-_ Declaring the intention to take proceedings pursuant to the Municipal Improvement Act of 1913 and making certain findings and determinations in connection therewith, all relating to the formation of Donner Lake Water Assessment District No. 00-1 WHEREAS,the Board of directors of the Truckee Donner Public Utility District(the District)desires to acquire and improve a water supply system as generally described in Exhibit a attached hereto and made a part hereof(the Improvements)and to order the formation of an assessment district in order to pay the costs thereof under and pursuant to the provisions of the Municipal Improvement Act of 1913 (the 1913 Act); and WHEREAS, the proposed assessment district, if it is formed, is to be known and designated as Donner Lake Water Assessment District No. 00-1; and WHEREAS, the proposed boundaries of the Assessment District are shown on a map which indicates by a boundary line the extent of the territory proposed to be included in the Assessment district,which map is designated"Proposed Boundaries of Donner Lake Water Assessment district No. 00-1 (the Map), which Map is on file in the office of the Clerk of the Board of Directors; and WHEREAS, the Improvements have been recommended in writing by the Health Officer of the County of Placer as necessary as a health measure and a copy of the letter of said Health Officer (the Health Officer's Letter) is attached hereto as Exhibit B and incorporated herein as though set forth at length; and WHEREAS, the District has requested and received from the City Council of the Town of Truckee and from the Board of Supervisors of the County of Placer consent to the initiation of proceedings for the formation of the Assessment district and the acquisition of the Improvements; NOW, THEREFORE, the Board of Directors of the Truckee Donner Public Utility District does hereby find, determine, resolve and order as follows: Section 1. The above recitals, and each of them, are true and correct. Section 2. The Map is approved and the Clerk of the Board is authorized to record the Map in the office of the County Recorder, County of Nevada, and the office of the County Recorder, County of Placer. Section 3. The Improvements consist of the acquisition of a water supply system as generally described in Exhibit a. Section 4. The Health Officer's Letter is ordered to be included in the minutes of this meeting; and, based on the Health Officer's ,Letter, on actions heretofore taken by the State of California Department of Health Services and on other information heretofore presented to the Board of Directors, the Improvements are found and determined to be necessary as a health measure, as described in Section 2808.5 of the California Streets and Highways Code. Section 5. The Board of Directors hereby declares its intention to form the Assessment District,to order the acquisition of the Improvements and to make the expenses thereof chargeable upon the area included within the Assessment District. Section 6. The Board of Directors further declares its intention to levy a special assessment upon the land within the Assessment District in accordance with the respective special benefit to be received by each parcel of land from the Improvements. There shall be omitted from special assessments all streets and alleys owned by any governmental agency as shown on the Map. In compliance with Article XIIID, Section 4 of the California Constitution, this Board of Directors finds that all such governmentally-owned streets and alleys will receive no special benefit from the Improvements. Section 7. This Board of Directors finds and determines that before ordering the acquisition of the Improvements it shall take proceedings pursuant to the 1913 Act. Section 8. The District Engineer of the District is hereby appointed the Engineer of Work and the Superintendent of Streets. Terrance E. Lowell & Associates, Inc. is appointed the Assessment Engineer. The Assessment Engineer is hereby authorized and directed to make and file with the Clerk of the Board a written report with regard to the 1913 Act (the Report), which Report shall comply with the requirements of Sections 10204 of the California Streets and Highways Code. Section 9. Following the acquisition of the Improvements and the payment of all incidental expenses in connection with the formation of the Assessment District and the issuance of bonds, if any, pursuant to the Improvement Bond Act of 1915(the 1915 Act) (including a bond to represent a loan from the State of California), any surplus remaining in the improvementfund established forthe Assessment District shall be used as determined by the Board of Directors as provided in Section 10427 of the Streets and Highways Code. Section 10. Bonds (including a bond to represent a loan from the State of California), bearing interest at a rate not to exceed 12 percent per annum, will be issued in the manner provided in the 1915 Act to represent the unpaid assessments.The number of annual installments shall correspond to the number and principal amounts of the bonds maturing or becoming subject to mandatory redemption each year. The first installment of such bonds shall mature not later than 25 years from the second day of September next succeeding 12 months from their date. The principal amount of the bonds maturing or becoming subject to mandatory prior redemption each year shall not be an even annual proportion of the aggregate principal amount of the bonds; instead, the amount of principal maturing or becoming subject to mandatory prior redemption each year shall be such that the sum of such amount plus the amount of interest payable in such year will be substantially equal each year(except as otherwise provided in any loan from the State of California represented by a portion of the bonds and except as otherwise permitted in the 1913 Act and the 1915 Act). Section 11. The provisions of Part 10.5 of the 1913 Act, providing an alternative procedure for the division of land and bonds, shall apply. Section 12. Except as specifically otherwise provided for herein, the Improvements shall be made and ordered pursuant to the provisions of the 1913 Act. Section 13. The Board of Directors hereby determines that the District will not obligate itself to advance available funds from its treasury to cure any deficiency which may occur in the bond redemption fund established for the Assessment district. Section 14. The public interests will not be served by allowing the property owners to take any contract to be let for the construction of the Improvements, and no notice of award of contract shall be published. Section 15. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 12`" day of February 2001 by the following roll call vote: AYES: NOES: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT James A. Maass, President ATTEST: Peter L. Holzmeister, District Clerk Exhibit A Improvements The acquisition of the existing Donner Lake Water Company water system. The following improvements to that system: 1. Replacing the Southside Tank (210,000 gallons) with a new Southside Tank (500,000 gallons) 2. Constructing a new Southside Hydropneumatic Pump Station (200 GPM domestic! 1,000 gpm fire) 3. Replacing the Greenpoint Springs Tanks (60,000 gallons) with a new Greenpoint springs Tank (500,000 gallons) 4. Constructing the Greenpoint Pump Station (500 gpm) 5. Replacing the existing Interstate 80 Casing (8") with a new Interstate 80 Casing (24") 6. Replacing the Biltz Tank (85,000 gallons) with a new Biltz Tank (100,000 gallons) 7. Replacing and constructing approximately 87,970 feet of 8"— 12" pipeline 8. Modifying and upsizing the existing interconnection between the District and Donner Lake systems Exhibit B Health Officer's Letter Fab-08 O1 04:01PM From-SYUR 949 725 4100 T-830 P.002 F-051 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT DONNER LAKE WATER ASSESSMENT DISTRICT NO. 00-1 NOTICE OF ADOPTION OF A RESOLUTION OF INTENTION TO FORM DONNER LAKE WATER ASSESSMENT DISTRICT NO. 00-1, TO LEVY AN ASSESSMENT AND TO ORDER TIME ACQUISITION OF A WATER SYSTEM FOR THE BENEFIT OF SAID ASSESSMENT DISTRICT AND NOTICE OF A PUBLIC HEARING WITH RESPECT THERETO Land which you may own or in which you may have an interest is proposed to included in an assessment district which the Truckee-Donner Public Utility District is considering forming in order to finance its acquisition and improvement of the facilities comprising the water system of the Donner Lake Water Company. This notice is being sent to you pursuant to the provisions of California Government Code Section 53753, the Municipal Improvement Act of 1913 (Sections 10000 and following of the California Streets and Highways Code,the "1913 Act") and Section 4 of Article XIII D of the California Constitution in order to provide you with information about the proposed assessment district and an assessment ballot with which you can express your support of or opposition to the proposal. NOTICE IS HEREBY GIVEN that on February 12, 2001,the Board of Directors of the Truckee-Donner Public Utility District(the"Board of Directors") adopted a resolution(the "Resolution of Intention") declaring its intention to order the acquisition and improvement of the facilities comprising the water system of the Donner Lake Water Company for the benefit of a special assessment district to be known and designated as"Donner Lake Water Assessment District No. 00-1" (the"Assessment District")which consists of the territory described in the Resolution of Intention. NOTICE IS FURTHER GIVEN that in the Resolution of Intention the Board of Directors referred the proposed acquisition to the Assessment Engineer for the Assessment District and directed the Assessment Engineer to make and file with the Clerk of the Board of Directors a report, consisting of an estimate of the costs of the proposed improvements and certain incidental costs and expenses, and a diagram of the proposed assessments,together with an assessment roll (the "Report")- The Assessment Engineer has so made and filed the Report with the Clerk of the Board of Directors,and the Board of Directors has considered and preliminarily approved the Report. Copies of the Resolution of Intention and the Report are on file and available for inspection in the office of the Clerk of the Board of Directors, 11570 Donner Pass Road,Truckee, California. DESCRIPTION OF ASSESSMENT DISTRICT The facilities proposed to be acquired and improved are of more than local or ordinary public benefit, and the expenses of such acquisition may be chargeable upon a district which is benefited and which may be assessed to pay the costs and expenses thereof, including incidental expenses and costs,which district is described as follows- DOCSOCl781964v2\22925.0002 Fab-08-01 04:01PM From-PUR 949 725 4100 T-830 P.003 F-051 All that certain territory included within the exterior boundary lines shown On the map entitled, "PROPOSED BOUNDARIES OF DONNER LAKE WATER ASSESSMENT DISTRICT NO. 00-I", on file in the office of the Clerk of the Board of Directors. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said map on file with the transcript of these proceedings. Except as herein otherwise provided for the issuance of bonds, all of said public improvements shall be acquired and constructed pursuant to the provisions Of the 1913 Act. BONDS Bonds (including a bond representing a loan from the State of California) shall be issued in accordance with Division 10 of the Streets and Highways Code of the State of California(the "Improvement Bond Act of 1915")to represent all unpaid assessments and due last Se stamber next lation of said bonds shall mature a maximum of twenty-five (25)years from the 2nd day p succeeding twelve (12)months from their date. r ) days Said bonds shall bear interest te or rates be to exceed the current legal maximum rate of 12/o per arum. A period of thirty( allowed after the confirmation of the assessment to pay assessments in cash or to make payment against said assessments. The balance of assessments will then become payable in annual installments until the final maturity of the bonds; and bonds will be issued bearing interest at a rate or rates to be determined on the sale thereof, provided the rate shall not exceed the maximum rate as set forth hereinabove. ESTIMATED ASSESSMENT AMOUNTS The estimated amount of the total assessments is $13,605,000;the estimated amount of your assessment is set forth in the Assessment Ballot that accompanies this Notice and is incorporated herein by this reference. In addition,the Method and Formula of Assessment Spread is attached as Exhibit A. PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE 4TH DAY OF APRIL,2001, AT THE HOUR OF 7 O'CLOCK P.M., AT 11570 DONNER PASS ROAD,TRUCKEE, CALIFORNIA IS THE TIME AND PLACE FIXED: TO HEAR AND CONSIDER ALL COMMENTS AND PROTESTS RELATING TO SAID PROPOSED PROCEEDINGS, THE IMPROVEMENTS PROPOSED TO BE ACQUIRED AND CONSTRUCTED,THE EXTENT OF THE ASSESSMENT DISTRICT,THE ESTIMATE OF THE COST AND EXPENSES THEREOF,AND THE PROPOSED DIAGRAM AND ASSESSMENT; TO CONSIDER AND FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE IMPROVEMENTS;AND TO CONSIDER AND FINALLY ACT ON THE REPORT. WRITTEN VOTE ANY AND ALL PERSONS OWNING PROPERTY WITHIN THE ASSESSMENT DISTRICT MAY FILE A WRITTEN BALLOT WITH THE CLERK OF THE BOARD OF DIRECTORS AT 11570 DONNER PASS ROAD, TRUCKEE, CALIFORNIA PRIOR TO THE 2 DOCSOCl7819641d2\22925.0002 Feb-08-01 04:V Pm From-SYUR 949 125 4100 -830 P.004 F-051 CONCLUSION OF THE HEAFNG REFERRED TO HEREN AT THE PLACE FIXED FOR THE PUBLIC HEARING AS I.IEREINBEFORE SET FORTH. There is enclosed with this notice an Assessment Ballot, along with a self-addressed return envelope by which the Assessment Ballot may be returned to the Clerk of the Board of Directors. This Assessment Ballot may be used by the record owner(s) of any parcel, or by the duly authorized agent of such record owner(s),to express either support for or opposition to the proposed assessment. Please see the Assessment Ballot for instructions respecting the alternative methods for submitting the Assessment Ballot either by mail(which may be done using the enclosed envelope but requires the user to provide the required Dostaee!) or by personal delivery,either prior to or at the time of the public hearing of protests. The envelope in which the Assessment Ballot is delivered to the Clerk of the Board of Directors must be marked"Assessment Ballot." At the public hearing,the Board of Directors shall consider all evidence relating to, and all protests against,the proposed assessment. Following the close of the public hearing the returned Assessment Ballots will be tabulated, with Assessment Ballots being weighted in accordance with the amount of the proposed assessment for the parcel for which each ballot is cast, and the results will be announced at the next meeting of the Board of Directors;provided,bowever,that in the event the Clerk of the Board of Directors requires further time to determine whether any Assessment Ballot has been properly signed by the record owner of the parcel or duly authorized agent of the record owner of the parcel,the Board of Directors reserves the discretion to continue the matter of announcing results to provide the Clerk with such further time. In the event that Assessment Ballots in opposition to the proposed assessment exceed ballots in support,the Board of Directors will be precluded from proceeding with the proposed assessment. If you desire to express your support of or your opposition to the proposed assessment,please complete the information on the ballot,mark it in support of or in opposition to the proposed assessment and return the ballot to the Clerk of the Board of Directors at the address listed above,by mail or in person,prior to the conclusion of the public hearing. 3 DOCSOC\791964v2\22925.0002 Feb-08-01 04:01Pm From-SYUR 949 725 4100 T-830 P 005/032 F-051 ADDITIONAL INFORMATION For all information relating to these proceedings, the hearing procedure, and any and all matters as set forth and contained in any documents,you may contact the person designated below: Peter Holzmeister General Manager Truckee-Donner Public Utility District Truckee, California 96160 (530) 582-3916 Dated: February 13,2001 /s/Peter Hol2meister Clerk of the Board of Directors Truckee-Donner Public Utility District 4 DOCSOC V 81964v2%22925.0002 Feb-08-01 04:01am From-SPUR 949 725 4100 T-830 P_006/032 F-051 EXHIBIT A METHOD OF ASSESSMENT SPREAD FOR THE IMPROVEMENTS [_kttach Photocopy of Exhibit D from Engineer's Report] A-1 DOCSOCl791964v2122925.0002 Assessment Ballot Truckee Donner Public Utility District Donner Lake Water Assessment District No. 00-1 April 4, 2001 This Assessment Ballot may be used to express either support for or opposition to the proposed Assessment District. In order for this Assessment Ballot to be counted, it must be signed by the record owner, or by an authorized agent of the record owner, of such property. • To vote, make a cross (+) on the line after the word "Yes" or on the line after the word "No." All marks otherwise made are forbidden. All distinguishing marks are forbidden and may make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the Clerk of the Board of Directors of the Truckee Donner Public Utility District and obtain another. • The Assessment Ballot must be delivered to the Clerk of the Board of Directors of the Truckee Donner Public Utility District, either by mail or in person as follows: • Place the Assessment Ballot in the envelope provided herein and return to the District by mail or in person so that it is received prior to close of the public hearing on April 4, 2001. If mailing the Assessment Ballot be sure to attach first class postage and mail in sufficient time for it to reach the District, otherwise it may not be received in time to be counted. • However delivered, the Assessment Ballot must be received by the Clerk of the Board of Directors of the Truckee Donner Public Utility District prior to the close of the public hearing in order to be counted. The envelope in which the Assessment Ballot is delivered to the Clerk of the Board of Directors must be marked "Assessment Ballot." The District's mailing address is Post Office Box 309, Truckee, CA 96160; the District's physical address is 11570 Donner Pass Road, Truckee, CA 96161, PROPOSITION: Shall the Truckee Donner Public Utility District be authorized to levy an assessment on property located in proposed Truckee Donner Public Utility District Donner Lake Water Assessment District No. 00-1 for the purpose of financing the acquisition of an existing water system as described in the Resolution of Intention of the Truckee Donner Public Utility District? YES NO I declare under penalty of perjury that I am the owner or the duly authorized representative of the owner of the property identified below. (Please print name) (Signature) APN 18-450-00 John Smith Proposed Assessment Amount $ 1213 Phoenix Avenue Silver City, NV 89509