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HomeMy WebLinkAbout6 Donner Lake Water Company Agenda Item # 6 . •; . !� ' � �Public Utility t'iy l , strict Memorandum To: Board of Directors From: Peter Holzmeister Date: April 2, 2001 Resolution of necessity to acquire certain properties of Donner Lake Water Company Attached is a resolution prepared by Dennis DeCuir for your consideration. Dennis will attend the meeting on April 4 and will discuss the resolutioon with you at that time. IIlI II��I! IIIIII Public Resolution No. 2001- Authorizing the provision of notice of intent to consider adoption of a resolution of necessity in connection with the acquisition of certain properties, being the water system of the Donner Lake Water Company, and authorizing the scheduling of a public hearing WHEREAS, as lead agency this District approved a Negative Declaration pursuant to the provisions of the California Environmental Quality Act for the Donner Lake Water System Acquisition and Rehabilitation project on February 12, 2001, and filed Notices of Determination with the County Clerk of the County of Nevada and with the Office of Planning and Research of the State of California, finding that the project will not have a significant effect on the environment; and WHEREAS,the condition of the water system of the Donner Lake Water Company is such that,the owner thereof has publicly described it, in the company's Complaint for Declaratory and Injunctive Relief filed in the Superior Court of California, County of Nevada, in Case Number T00J0367C, on December 18, 2000, as creating a clear and increasing threat to public health; and WHEREAS, Code of Civil Procedure section 1245.235 provides in part that before a governing body of a public entity may adopt a resolution of necessity it must have given each person whose property is to be acquired by eminent domain a reasonable opportunity to appear and be heard on the matters referred to in section 1240.030 of the Code of Civil Procedure, if such person makes a written request to appear and be heard within 15 days after the notice is mailed; and WHEREAS, the right to be heard on the matters referred to in Code of Civil Procedure section 1240.030 includes the right to be heard on the questions of whether: (1) The public interest and necessity require the proposed project. (2) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. / (3) The property described in the resolution is necessary for the proposed project; and WHEREAS,as provided in Government Code sections 7267.1 and 7267.2,certain interests in property of the Donner Lake Water Company have been appraised before the initiation of negotiations, the owner has been invited to meet the appraiser employed by the District at the location of the appraised property,the Board of Directors has established an amount believed to be just compensation, based on the approved appraisal of the fair market value of such interests in the property, and has made an offer to the owner by letter dated February 23, 2001, to acquire the property for the full amount so established,and the District has provided the owner a complete copy of the appraisal on which the offer of just compensation was based, and has begun negotiations with the owner, and seeks further negotiations; and WHEREAS, pursuant to Code of Civil Procedure section 1240.610 any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property appropriated to public use if the use for which the property is sought to be taken is a more necessary public use than the use to which the property is appropriated; and WHEREAS, pursuant to subdivision (a)of section 1240.650 of the Code of Civil Procedure,where property has been appropriated to public use by any person other than a public entity, the use thereof by a public entity for the same use or any other public use is a more necessary use than the use to which such property has already been appropriated; and WHEREAS, if the District were to acquire the property of Donner Lake Water Company by purchase or eminent domain,the District's use would be more necessary, not only because of the preference in the Eminent Domain Law for the perpetuation of ownership in the public over private ownership, but also by reason of the facts that this District is more proximately located and more capable of operating, rehabilitating, rebuilding,and maintaining the water system for the greater public benefit, without the need to return profits to shareholders, and by the proximity of the District's location,and because of the depth, skills, and expertise of its water service and management personnel, the District is able to effect the more necessary public use of taking into and perpetuating the properties in public ownership for the benefit of those persons the properties should serve,and eliminating the discomfort, inconvenience, and threat to public health that currently exists; and WHEREAS, the District is authorized by section 16404 of the Public Utilities Code and the provisions of the Eminent Domain Law, commencing at section 1230.010 of the Code of Civil Procedure, to exercise the right of eminent domain to acquire for the purposes of owning, constructing, operating and maintaining a public water works within or without or partly within and partly without the District; now NOW,THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Truckee Donner Public Utility District that the General Manager, in consultation with counsel, shall schedule a public hearing, and give written notice to the owner of the Donner Lake Water Company that the Board of Directors will consider for adoption a resolution of necessity to acquire by eminent domain, if not acquired by negotiation, the interests in the water system of Donner Lake Water Company, and entertain at the hearing evidence and comments to fulfill all of the obligations under the Eminent Domain Law, particularly the provisions of Code of Civil Procedure section 1245.235,and invite the owner to appear and be heard on the matters referred to in section 1240.030, discussed in the recitals above, at the earliest possible time; and BE IT FURTHER RESOLVED that a courtesy copy of this resolution be mailed to the owner of the Donner Lake Water Company, and the California Public Utilities Commission, for the purpose of giving the owner and the California Public Utilities Commission advance notice of the possibility that this Board may consider a resolution of necessity as provided herein. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting duly called and held within the District on the iW� 2001 by the following roll call vote: AYES: NOES: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By James A. Maass, President ATTEST: Peter L. Holzmeister, Clerk of the Board Agenda Item # 6 Public Memorandum To: Board of Directors From: Peter Holzmeister Date: April 2, 2001 Resolution of necessity to acquire certain properties of Donner Lake Water Company Attached is a resolution prepared by Dennis DeCuir for your consideration. Dennis will attend the meeting on April 4 and will discuss the resolutioon with you at that time. Public Utility District Resolution No. 2001- Authorizing the provision of notice of intent to consider adoption of a resolution of necessity in connection with the acquisition of certain properties, being the water system of the Donner Lake Water Company, and authorizing the scheduling of a public hearing WHEREAS, as lead agency this District approved a Negative Declaration pursuant to the provisions of the California Environmental Quality Act for the Donner Lake Water System Acquisition and Rehabilitation project on February 12, 2001, and filed Notices of Determination with the County Clerk of the County of Nevada and with the Office of Planning and Research of the State of California, finding that the project will not have a significant effect on the environment; and WHEREAS,the condition of the water system of the Donner Lake Water Company is such that,the owner thereof has publicly described it, in the company's Complaint for Declaratory and Injunctive Relief filed in the Superior Court of California, County of Nevada, in Case Number T00/0367C, on December 18, 2000, as creating a clear and increasing threat to public health; and WHEREAS, Code of Civil Procedure section 1245.235 provides in part that before a governing body of a public entity may adopt a resolution of necessity it must have given each person whose property is to be acquired by eminent domain a reasonable opportunity to appear and be heard on the matters referred to in section 1240.030 of the Code of Civil Procedure, if such person makes a written request to appear and be heard within 15 days after the notice is mailed; and WHEREAS, the right to be heard on the matters referred to in Code of Civil Procedure section 1240.030 includes the right to be heard on the questions of whether: (1) The public interest and necessity require the proposed project. (2) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (3) The property described in the resolution is necessary for the proposed project; and WHEREAS,as provided in Government Code sections 7267.1 and 7267.2,certain interests in property of the Donner Lake Water Company have been appraised before the initiation of negotiations, the owner has been invited to meet the appraiser employed by the District at the location of the appraised property,the Board of Directors has established an amount believed to be just compensation,based on the approved appraisal of the fair market value of such interests in the property, and has made an offer to the owner by letter dated February 23, 2001, to acquire the property for the full amount so established,and the District has provided the owner a complete copy of the appraisal on which the offer of just compensation was based, and has begun negotiations with the owner, and seeks further negotiations; and WHEREAS, pursuant to Code of Civil Procedure section 1240.610 any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property appropriated to public use if the use for which the property is sought to be taken is a more necessary public use than the use to which the property is appropriated; and WHEREAS, pursuant to subdivision (a)of section 1240.650 of the Code of Civil Procedure, where property has been appropriated to public use by any person other than a public entity, the use thereof by a public entity for the same use or any other public use is a more necessary use than the use to which such property has already been appropriated; and WHEREAS, if the District were to acquire the property of Donner Lake Water Company by purchase or eminent domain,the District's use would be more necessary, not only because of the preference in the Eminent Domain Law for the perpetuation of ownership in the public over private ownership, but also by reason of the facts that this District is more proximately located and more capable of operating, rehabilitating,rebuilding,and maintaining the water system for the greater public benefit, without the need to return profits to shareholders, and by the proximity of the District's location,and because of the depth, skills, and expertise of its water service and management personnel, the District is able to effect the more necessary public use of taking into and perpetuating the properties in public ownership for the benefit of those persons the properties should serve,and eliminating the discomfort, inconvenience, and threat to public health that currently exists; and WHEREAS, the District is authorized by section 16404 of the Public Utilities Code and the provisions of the Eminent Domain Law, commencing at section 1230.010 of the Code of Civil Procedure, to exercise the right of eminent domain to acquire for the purposes of owning, constructing, operating and maintaining a public water works within or without or partly within and partly without the District; now NOW,THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Truckee Donner Public Utility District that the General Manager,in consultation with counsel,shall schedule a public hearing,and give written notice to the owner of the Donner Lake Water Company that the Board of Directors will consider for adoption a resolution of necessity to acquire by eminent domain, if not acquired by negotiation, the interests in the water system of Donner Lake Water Company, and entertain at the hearing evidence and comments to fulfill all of the obligations under the Eminent Domain Law, particularly the provisions of Code of Civil Procedure section 1245.235,and invite the owner to appear and be heard on the matters referred to in section 1240.030, discussed in the recitals above, at the earliest possible time; and BE IT FURTHER RESOLVED that a courtesy copy of this resolution be mailed to the owner of the Donner Lake Water Company, and the California Public Utilities Commission, for the purpose of giving the owner and the California Public Utilities Commission advance notice of the possibility that this Board may consider a resolution of necessity as provided herein. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting duly called and held within the District on the 2001 by the following roll call vote: AYES: NOES: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By James A. Maass, President ATTEST: Peter L. Holzmeister, Clerk of the Board