HomeMy WebLinkAbout5 Donner Lake Assessment Agenda Item # 5
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Public Utility District
Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: April 27, 2001
Resolution confirming formation of the Donner Lake Assessment
District No 00-1
Attached is a resolution prepared by our assessment district attorney, John Murphy. If
you adopt this resolution, which is what staff is recommending, you will be deciding to:
1. Levy assessments according to the engineer's report;
2. Acquire the Donner Lake water system;
3. Accept lump sum payment during a 30 day period and establish the procedure
for so notifying property owners.
Recommendation
I recommend that the Board adopt the resolution making determinations, confirming
assessments and procedings, ordering the acquisition and construction of improvements
and taking certain other actions relating to Donner Lake Water Assessment District No
00-1 .
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 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
WHEREAS, by resolution adopted on February 12, 2001 (the "Resolution of Intention"), this
Board of Directors declared its intention to order the acquisition and construction of the
improvements described in the Resolution of Intention (the "Improvements") and to form Donner
Lake Water Assessment District No. 00-1 (the "Assessment District") under the provisions of the
Municipal Improvement Act of 1913 ("the 1913 Act") in order to finance the acquisition and
construction of the Improvements; and
WHEREAS, by resolution adopted on February 12, 2001, this Board of Directors
preliminarily approved a report relating to the Assessment District which was prepared by Terrance
E. Lowell & Associates, Inc. (the "Assessment Engineer") under and pursuant to the 1913 Act and,
in particular, Section 10204 of the California Streets and Highways Code (the"Engineer's Report");
and
WHEREAS, this Board of Directors fixed April 4, 2001, at the hour of 7:00 p.m. at the
regular meeting place of the Board of Directors, 11570 Donner Pass Road, Truckee, California, as
the time and place for hearing protests and objections to the Improvements proposed in the
Engineer's Report to be made,the extent of the Assessment District proposed to be created, and/or to
the proposed assessment; and
WHEREAS, the Clerk of the Board of Directors has caused notice to be given of the passage
of the Resolution of intention, the filing of the Engineer's Report and the time and place and purpose
of the aforesaid hearing and has caused an assessment ballot to be distributed with such notice, all as
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required by Section 53753 of the California Government Code and Article XIIID, Section 4 of the
California Constitution ("Article XIIID"); and
WHEREAS, the Clerk of the Board of Directors has filed with this Board of Directors an
affidavit setting forth the time and manner of the compliance with said requirements for mailing such
notice and ballots; and
WHEREAS, on April 4, 2001 at the time and place stated in the aforesaid notice, a hearing
was duly held by this Board of Directors and, during the course of said hearing,the Engineer's
Report was duly presented and considered,all written protests and objections received, if any, were
duly presented, read, heard and considered, and all persons appearing at said hearing and desiring to
be heard in the matter of the Engineer's Report and the Assessment District were heard, and a full,
fair and complete hearing has been conducted; and
WHEREAS,this Board of Directors has received all assessment ballots filed with the Clerk
of the Board of Directors prior to the conclusion of the hearing, and the Assessment Engineer has
counted all ballots for and against the formation of the Assessment District as provided in
Article XIIID; and
WHEREAS, a final Engineer's Report(the "Final Report") has been prepared setting forth
the Improvements to be acquired and constructed and the adjusted assessments, if any, and the Final
Report has been filed with the Board of Directors and has been available for review any interested
person; and
WHEREAS, this Board of Directors has considered the assessment proposed in the Final
Report and the evidence presented at the aforesaid hearing; and
WHEREAS, the Improvements have been recommended in writing by the Health Officer of
the County of Nevada 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 A and incorporated herein as though set
forth at length; and
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WHEREAS, it appears that the Treasurer of the District is covered by a blanket fidelity bond
covering the faithful performance of the duties imposed by law in an amount deemed by this Board
of Directors to be adequate: and
WHEREAS, under the provisions of the 1913 Act,funds collected by the Treasurer of the
District pursuant to an assessment under the 1913 Act are required to be placed in a special
improvement fund designated by the name of the assessment proceeding;
NOW, THEREFORE, the Board of Directors of the Truckee-Donner Public Utilities District
HEREBY FIND. DETERMINE, RESOLVE AND ORDER as follows:
SECTION 1. The above recitals, and each of them, are true and correct.
SECTION 2. The public hearing referred to in the recitals hereof has been duly held, and
each and every step in the proceedings prior to and including the hearing has been duly and regularly
taken. This Board of Directors is satisfied with the correctness of the Final Report, including the
assessment and diagram and the maximum annual assessment for administrative expenses, the
proceedings and all matters relating thereto.
SECTION 3. 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 4. The property within the Assessment District to be assessed as shown in the
Final Report will be benefited by the Improvements.
SECTION 5. This Board of Directors overrules and denies any and all protests, objections
and appeals made in regard to these proceedings. The Board of Directors further finds and
determines that a majority of the ballots received are in favor of the assessment. In tabulating the
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ballots. the ballots were weighted according to the proportional financial obligation of the affected
property.
SECTION b. This Board of Directors orders the proposed Improvements to be acquired and
constructed in accordance with the Final Report and these proceedings.
SECTION 7. The amount of the assessments shown in the Final Report and the proposed
maximum annual assessment per parcel for administrative expenses shown therein are confirmed and
are fixed in said amounts.
SECTION 8. The amounts to be assessed against the individual parcels shown on the
assessment diagram contained in the Final Report are hereby approved and confirmed; and the Clerk
of the Board of Directors is authorized and directed to endorse the fact and date of such approval on
the Final Report.
SECTION 9. The assessment diagram and assessment is to be placed on file in the office of
the District Engineer(serving as the Superintendent of Streets)and the Clerk of the Board of
Directors is authorized and directed to record, or cause to be recorded,the assessment diagram and
assessment in the offices of the County Recorders of the Counties of Nevada and Placer, as required
by Sections 3114, 10401, 10402 and 10402.5 of the California Streets and Highways Code; and the
Clerk of the Board of Directors shall record, or cause to be recorded,a Notice of Assessment as
required by Section 3114 of said Code.
SECTION 10. The Superintendent of Streets is authorized and directed to give notice of the
recordation of the assessment, as provided in Section 10404 of said Code.
SECTION 11. The Treasurer of the District is designated to receive the assessments paid
during the 30 day cash payment period which shall commence on the date of recording the
assessment diagram with the County Recorders.
SECTION 12. This Resolution shall take effect immediately upon its adoption.
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ADOPTED, SIGNED AND APPROVED this 2"d day of May.2001.
James A. Maass, President
(SEAL)
ATTEST:
Peter Holzmeister, Clerk of the Board of Directors
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EXHIBIT A
HEALTH OFFICER'S LETTER
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Nevada partment
En ealth
10075 Levene Avenaq Suite 145
Nevada Cllp,CA 95459-8637 ti Truckee,CA 96161
(530)265.1452/Fa:265.7056 (530)582.7884/Faa:592-0712
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http://ww eu.0
February 13, 2001
Truckee Donner Public Utilities District
Board of Directors
11570 Donner Pass Road
Truckee,CA 96161
Dear Board of Directors of the Truckee Donner Public Utility District,
Based on the information made available to this Department from the State
Department of Health Services,we understand that the drinking water being
delivered through the Donner Lake Water system does not currently meet public
drinking water standards,and that the system currently presents an unacceptable
risk of contamination. The Donner Lake Water System is currently under an
emergency declaration and mandatory'boil water notice" issued by the State DHS.
Accordingly, it is recommended that improvements to the system be installed so as
to enable the water delivered therefrom to meet public drinking water standards.
These improvements are necessary as a public health measure,as described in
Streets and Highways Code Section 2808.5.
Sincerely,
Health Officer C rnt�yofNevada
Cc: Barbara Green, 5th District Supervisor-County of Nevada B.O.S.
Norm Greenberg- Director NCDEH
STATE OF CALIFORNIA )
) ss.
Cot K"I y OF NE\ADA
I. Peter Holzmeister, Clerk of the Board of Directors of Truckee-Donner Public Utility
District, do hereby certify that the foregoing resolution was duly adopted by the Board of Directors
of said District at a regular meeting of said Board held on the 2"d day of May, 2001, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSENT:
Peter Holzmeister, Clerk of the Board of Directors
(SEAL)
STATE OF CALIFORNIA )
} ss.
COUNTY OF NEVADA )
I. Peter Holzmeister, Clerk of the Board of Directors of Truckee-Donner Public Utility
District, do hereby certify that the above and foregoing is a full,true and correct copy of
RESOLUTION NO. , of said Board, and that the same has not been amended or repealed.
DATED: 12001
Peter Holzmeister, Clerk of the Board of Directors
(SEAL)
DOCSOC\81665I v 1\22925.0002
STATE OF CALIFORNIA ) AFFIDAVIT OF FILING OF MAP
)ss.
COUNTY OF NEVADA )
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
DONNER LAKE WATER ASSESSMENT DISTRICT NO. 00-1
The undersigned declares as follows:
I am now and at all times hereinafter mentioned was the duly chosen, qualified and acting
Clerk of the Board of Directors of the Truckee-Donner Public Utility District.
On the original and two copies of the map of the Donner Lake Water Assessment District
No. 00-1 heretofore approved by the Board of Directors of the Truckee-Donner Public Utility
District, I endorsed my certificate evidencing the date and adoption of the resolution describing the
proposed boundaries of said Donner Lake Water Assessment District No. 00-1. The original of said
map was filed in my office, and I caused said copies to be filed with the County Recorder of the
County of Nevada on , 2001 and the County Recorder of the County of Placer on
2001.
1 declare under penalty of perjury that the foregoing is true and correct.
Dated: , 2001 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
By:
Its: Clerk of the Board of Directors
DOCSOCA8 L6970v 1A22925M02
STATE OF CALIFORNIA ) AFFIDAVIT OF MAILING OF NOTICE OF
)ss. THE ADOPTION OF THE RESOLUTION
COUNTY OF NEVADA ) OF INTENTION AND OF THE HEARING
THEREON TOGETHER WITH
ASSESSMENT BALLOTS
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
DONNER LAKE WATER ASSESSMENT DISTRICT NO. 00-1
The undersigned declares as follows:
I am now and at all times hereinafter mentioned was the duly chosen, qualified and acting
Clerk of the Board of Directors of the Truckee-Donner Public Utility District.
I mailed, or caused to be mailed, postage prepaid, a notice of the Board of Director's
adoption of the resolution of intention and of the public hearing applicable to the above-captioned
Donner Lake Water Assessment District No. 00-1,together with an assessment ballot relating
thereto, to all persons owning real property which is proposed to be assessed to pay any part of the
cost of the work described in said resolution as such persons are shown on the last equalized
assessment rolls used for the assessment and collection of general ad valorem taxes in the Counties
of Nevada and Placer or on the State Board of Equalization assessment roll or as known to me.
Said mailing was completed prior to February 18, 2001, and a copy of said notice and
assessment ballot as so mailed is attached hereto and made a part hereof.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: , 2001 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
By:
Its: Clerk of the Board of Directors
DOC SOC18 l 6680v 1\22925.0002