HomeMy WebLinkAboutTown Of Truckee Land Use Designations Table H-1
Town of Truckee
Land use Designations
Type Acres Percent
Open Space 3,165 16%
Public 3,257 17%
Industrial 154 1%
Commercial 295 1.5%
Residential 7,226 37%
Planned Community 4,858 25%
Downtown Study Area 481 2%
Special Study Area 84 0.5%
TOTAL 19,520 1000
Densities and intensities reflect an average for the entire town. For example, where a residential
land use category has a density of 1 dwelling unit per acre, individual projects or zoning on
individual parcels may be at a higher or lower density, while all land uses within that category
town-wide will average 1 unit per acre.
Higher densities and intensities will be allowed on lands with fewer environmental constraints,
available services such as sewer, public water, and public roads, and lands closer to or in existing
developed areas, such as infill properties. Lower densities and intensities will be designated on
lands which have environmental constraints such as steep slopes and wetlands, lands which are
served by wells and septic systems, and lands which are further from the existing developed core
of the Town.
County Land Use
Land use designations and zoning districts shown on Plate II were obtained from the Nevada
County General Plan, the Placer County General Plan, and the Martis Valley Community Plan.
Much of the territory surrounding Truckee is Forest Service land. Except for areas within the
Town limits, the largest areas which currently allow for development are to the east of the Town
of Truckee and south of the Nevada-Placer county line in a portion of Martis Valley. Placer
County is currently working on an update to the Martis Valley Community Plan. Because the
updated community plan is not completed and will inevitably require revisions, this Sphere of
Influence Report is based on the existing community plan.
III. AREA GROWTH PROJECTIONS
Population projections outlined in the Town of Truckee General Plan are summarized as
follows:
3 August,2002
Table III-1
Town of Truckee
Demographic Summary Data
Historic Levels Projected Levels
Total 1985 1995 2000 2005 2015
Population 7,226 11,791 13,$64 14,417 17,253
Housin Units 5,225 9,039 9,757 11,090 13,271
Although continued growth is expected to occur in the Truckee area, growth rates are expected
to decrease from what has been experienced in the last 5 years. Much of the new growth will
occur within the existing town boundaries according to the Town of Truckee General Plan.
However, it is also expected that the Martis Valley area in Placer County will see continued
development over the next 5-10 years.
In the development of both the Water and Electric System Masterplans, the District has been
sensitive to growth projections within its service area as well as in surrounding areas. Plans have
been made to accommodate growth by continually improving existing facilities and adding new
facilities as required.
IV. SPHERES OF INFLUENCE
District Spheres of Influence
The spheres of influence for the TDPUD were developed based on land use designations,
projected development, topography, and the District's Groundwater Management Plan. Most of
the predictions for growth have been made based on land use designations as outlined in the
Nevada County General Plan and the Town of Truckee General Plan (See Plates I & II). A goal
of the Town of Truckee as outlined in its General Plan is to "reduce sprawl by planning for
projected growth and locating new development around existing developed areas." Since
development around the Town of Truckee is somewhat restricted by topography and large
amounts of U.S. government owned land, significant development in Nevada County outside the
Truckee town limits is not expected in the immediate future.
Current Boundary
The extents of the current TDPUD boundary are shown on Plate III. The current boundary
differs from the boundary outlined in the 1998 Sphere of Influence Report, in that it has been
enlarged to include Donner Lake and the GlenshirelDevonshire areas. Much of the territory
north of the boundary remains U.S. Forest Service land. The southern District boundary
coincides with the county line except for areas where the boundary extends into Placer County.
Within the District's boundary are areas of Placer County including the south side of Donner
Lake, Martiswoods Estates, Ponderosa Ranchos, Ponderosa South, a portion of Sierra Meadows
and a portion of Ponderosa Palisades. The District boundary also includes the island community
4 August,2002
of Hirschdale. The Hirschdale service area is denoted on Plate III by a small polygonal shape to
the east of the main service area.
5 Year Sphere
The proposed 5 year sphere includes the existing District boundary, areas northward, southward,
and eastward from the Glenshire and Devonshire subdivisions. More specifically, the 5 year
sphere includes the Waddle property (Section 16), Sections 9 and 10, Hobart Mills, and a
portion of Placer County east of Highway 89 known as Martis Valley.
The areas in the 5 year sphere to the east of the District boundary coincide with possible short
term development according to the Town of Truckee General Plan. As the District works to
establish more reliable sources of water for the newly acquired Glenshire/Devonshire service
area, there is a high likelihood that developments adjacent to the current service territory will
request service from the District. Currently, Hirschdale is an island community; however, it is
likely that as development proceeds outward from Glenshire that the Hirschdale service area will
be absorbed into the District's main service area to form one contiguous service area boundary.
The Placer County General Plan allows for growth in Martis Valley and development is
predicted for the future. This area is included in the District's 5-year sphere for several reasons.
Physically, the District is already able to provide water to Martis Valley.The District is
adequately staffed, financially capable, and the District already operates existing sources which
could supply portions of the valley.
Geographically, it is logical that the District serves Martis Valley. The potential water providers
for Martis Valley include the Truckee Donner Public Utility District, Northstar Community
Services District, and Placer County Water Agency (PCWA). Although PCWA considers Martis
Valley as land within PCWA's service area, PCWA would have to travel significant distances to
serve Martis Valley. The TDPUD would be able to provide a better and more economical service
by having a quick response time and by being accessible to its customers. The District is
currently providing ongoing operation and maintenance for the water system serving the
Lahontan development in Placer County through a contract with PCWA.
The protection, conservation, and coordinated utilization of the Martis Valley aquifer are the
near and long term objectives of the District. Annexation of the Martis Valley area would allow
the District to better coordinate the proper management of the aquifer. By annexing this area, the
District would be able to better monitor the aquifer and maintain the quality of groundwater by
implementing a groundwater management plan. In 1995, the District completed the first of three
phases of the Martis Valley Groundwater Management Plan. In 2001, the District completed the
second phase with the preparation of the Groundwater Availability Study. The purpose of the
management plan is to identify the quantity of groundwater available for extraction and to
protect the chemical quality of the groundwater resource to assure a continued supply of high
quality groundwater to the population in and around the Martis Valley.
The District recognizes the need for an agreement between water agencies in Martis Valley to
help protect the Martis Valley aquifer. The proper management of the Martis Valley aquifer will
require the participation of all of the water providers in the area.
5 August,2002
Residential development in the Hobart Mills area is currently in the planning phases and the
developer has expressed an interest in being served by TDPUD. Consequently, the District has
extended its 5 year service area boundary northward, paralleling Highway 89, to the Hobart
Mills area.
10 & 15 Year Sphere
Due to the geographic conditions surrounding the Truckee area, it is difficult to designate
spheres of influence in 5 year increments. For this reason, the 10 & 15 year spheres of influence
were combined into one.
In accordance with the Nevada County General Plan and the Town of Truckee General Plan,
development is possible to the east of the current District boundary.
The District recently acquired the Glenshire Mutual Water Company (GMWC). If development
continues to occur in areas east of GMWC, the Truckee Donner Public Utility District will be
the logical water provider.
20 Year Sphere
The 20 year sphere is similar to the ultimate sphere shown in the 1983 TDPUD Sphere of
Influence Report, with a few modifications. To the south of the existing boundary, the 20 year
sphere includes most of the geographic basin in which the town resides. Areas included to the
north of the existing boundary coincide with the Martis Valley aquifer as defined in the District's
Groundwater Management Plan.
The District wishes to include the entire Martis Valley aquifer within its sphere of influence in
an effort to maintain some level of management over the basin. By including it within the
District's sphere of influence, the District hopes to be able to better manage the quantity and
quality of groundwater in the area.
It is unlikely that all of the area will experience development within the next 20 years since
much of the outer areas are still owned by the U.S. Forest Service. However, the 20 year sphere
boundary is the area that the District would be able to serve if development were to occur.
Water Service Area
The area in which the District currently provides water is shown on Figure IV-1.The District
serves water most of the incorporated Town of Truckee plus areas in Placer County outside of
the Town.
In 2000, the District acquired new water service territory around Donner Lake. This area had
previously been served by the Donner Lake Utility Company. The Donner Lake Utility
Company was formed in the early 1900's prior to the formation of the Truckee Donner Public
Utility District in 1927. The TDPUD was originally formed for the purpose of supplying
electrical power to the town of Truckee and immediate vicinity. Since the area around Donner
Lake was also in need of electrical power, the Donner Lake Utility Company was included inside
the original District boundary. The Truckee Donner Public Utility District went into the water
business in 1936 when it purchased the McGlashen system; however, the Donner Lake Utility
6 August,2002
Company remained as a separate water company inside the District's boundaries. In about 1990,
the Donner Lake Utility Company changed ownership. At that time, the District attempted to
purchase the Donner Lake facilities but a successful agreement could not be reached. At the
request of the Donner Lake Utility Company's customers, the system was taken over by the
TDPUD in 2000.
In 2002, the TDPUD acquired the Glenshire Mutual Water Company. The Glenshire Mutual
Water Company was formed after the development of the Glenshire subdivision in the 1960's.
Since most of the subdivision was outside the District's boundary and the District had no
existing facilities in the area, it was decided to form a separate mutual water company to serve
the area. Due to concerns with deteriorating water quality and lack of reliable water supply, the
water company customers voted in favor of being taken over by the TDPUD.
Electric Service Area
The District's current electric service area is illustrated on Figure IV-2. The electric service area
coincides with the water service area except foi a few differences. First, the District does not
provide electricity to certain parts of Placer County where water is provided including south of
Sierra Meadows and Martiswoods Estates. Second, the District does not supply power to the
eastern portion of the Glenshire subdivision or to the Devonshire subdivision to the east of
Truckee where the District is now the water provider.
7 August,2002
V. DISTRICT FACILITIES
Water Facilities
The District is continually upgrading and maintaining its water system. Some recent
improvements include: replacement of over 100,000 ft of pipeline(in Tahoe Donner, Downtown,
Donner Lake, and Sierra Meadows); construction of 3 new tanks with a combined capacity of
815,000 gallons; the addition of a SCADA system to allow remote monitoring and control of the
water system; construction of 3 new wells providing over 3,500 gpm of additional source;
replacement of the Donner Lake water intake facilities; the construction of a water treatment
plant for iron and manganese removal in Hirschdale; fumishing a large truck mounted electric
generator for emergency power; modifying ten pump stations to receive its electricity; and
construction of two large water disinfection plants.
The current District Truckee Water System Master Plan Update' was adopted in 2001. The
Truckee Water System Master Plan Update is a detailed study which assists the District in (1)
identifying existing deficiencies and budgeting for corrections of such deficiencies, (2)
anticipating areas where growth is likely to occur and identifying system improvements
necessary to serve such growth, and (3)providing a basis for the District's current facilities fees
and setting future facilities fees. Much of the information in this report relating to the District
water system is from the Truckee Water System Master Plan Update and is discussed in more
detail in the master services portion of this document.
The Truckee Donner Public Utility District currently owns and operates a complex water system
composed of wells, booster pump stations, storage tanks, and pipelines. An approximate
schedule for when system improvements will be made throughout the planning period is found
in the Appendix A.
Electric Facilities
The information regarding electric facilities was taken from the District's 1995 Electric System
Master Plan. When possible information has been updated to reflect present conditions.
The District is continually upgrading and maintaining its electrical system so as to provide a high
level of service to its customers. An example of some past improvements completed by the
District are listed below:
1. Phase balancing has been an ongoing project and with the addition of load to circuitry, is re-evaluated and
adjusted accordingly.
2. The Donner Lake substation primary transformer and regulator taps were changed,converting the Donner
Lake area to a 7.2/12.47 kV system.
3. A third feeder was established out of the Tahoe-Donner Substation to serve the eastern areas of Tahoe-
Donner.
4. A fourth feeder was established out of the Martis Substation,underground from the station to East River
Street via Highway 267 and the Truckee River bridge.
5. Truckee Feeders#3 and#4 were reconductored to 397 ACSR from the Gateway area to Truckee Substation.
10 August,2002
6. A three phase underground tie line was built through Alder Hill Estates connecting Tahoe-Donner Substation
circuitry to Truckee Feeder#5.
7. Along Glenshire Road from Olympic Blvd. to Highland Avenue,a three phase overhead line was constructed.
From Cheney Drive and Glenshire Road,eastward to approximately 400'west of the Truckee River bridge
crossing, a conduit was installed to facilitate the eventual installation of an additional feed into Glenshire.
8. An additional feeder was established out of Truckee Substation to serve new customers north of the station
and north of Interstate 80.
9. Within the Truckee Substation, a portion of the existing facilities were rebuilt. A pad-mounted switch was
installed which created a transfer buss for those facilities that had been rebuilt and three circuits were placed
underground.
10, Tahoe-Donner Feeder#3 was reconductored to 397 ACSR from the station to Skislope.
11. A metering point was established in Glenshire and 10 spans of wire were reconductored to serve customers in
that area. Working with Sierra Pacific Power Company, facilities were installed to separate the customers of
the two utility companies.
12. Conduit was installed at the airport to facilitate future undergrounding of existing overhead facilities.
13. Conduit was installed along Jibboom Street to facilitate future undergrounding of existing overhead facilities.
14. At Northwoods and Donner Pass Road, 14 spans of distribution line were rebuilt.
15. At the west end of Donner Lake,2,500 feet of underground line was installed to provide power to the Felton
Woods Subdivision.
16. 2,000 feet of underground line was installed to provide power to the Wolfe Estates Subdivision.
17. Approximately 5,500 feet of overhead line was installed to provide power to the Sugar Pines Subdivision.
18. Reclosers and recloser controls were upgraded within Donner Lake,Tahoe-Donner,Truckee,and Mattis
Substations.
1 j August,2002
VI. MASTER SERVICES ELEMENTS
General
Over the last two years TDPUD has experienced a dramatic increase in the size of its water service
area. During this time, the electric service area has remained essentially unchanged. Due to the
acquisition of the Donner Lake Water Company and the Glenshire Mutual Water Company, the
District recognizes the need to update the 1998 Sphere of Influence Report. This document is intended
to revise and update the information in the past Sphere of Influence Report as it pertains to changes
in TDPUD's water services. This Sphere of Influence Report Update is focused on the water system.
Where applicable, information regarding the District's Electric System have been reproduced from the
previous report.
WATER SYSTEM
Description of Service
The Truckee Donner Utility District provides water service to the Town of Truckee along with
unicorporated areas of Placer and Nevada Counties. The District's customers are primarily residential
and commercial in nature, but some water is also provided for irrigation purposes. The District owns
four separate water systems in the Truckee area: the Hirschdale System, the Truckee System, the
Donner Lake System, and the Glenshire System, which was acquired in 2002 from the former
Glenshire Mutual Water Company.
In addition, the District is under contract with the Placer County Water Agency (PCWA) to operate
and maintain the Lahontan Water System, which is located approximately three miles south of
downtown Truckee in the Martis Valley.
Existing Service Level Capacity
With the acquisition of the Glenshire Mutual Water Company, the District's water systems provide
service to roughly 10,785 customers. The District's Water Department is organized into four
divisions: administration, engineering, operations and facilities maintenance, and distribution
maintenance. Truckee Donner Public Utility District has 46 full-time employees plus legal and
engineering consultants that are appointed by a five member board of directors. The staff also
includes four treatment plant operators with Grade II certification and four additional service
technicians with Grade I certification.
The following is a brief summary of the District's water systems facilities and capacities:
Donner Lake S s� tem
4 wells
I lake intake
5 storage reservoirs
17 miles of pipeline
1,230 service connections
Glenshire System
12 wells
4 storage reservoirs
1,150 service connections
12 August,2002
Hirschdale Svstem
1 well
1 storage reservoir
0.6 miles of pipeline
Truckee Donner System.
11 wells
5 springs
25 storage reservoirs
22 booster pumps
134 miles of pipeline
8,205 service connections
TABLE VI-1
Existing System Capacities
Source (e m) Storage m Pump Station m
Donner Lake System 1,850 0.59 n/a
Glenshire System
1,757 1.23 n/a
Hirschdale System 75 0.10 80
Truckee Donner System 1 8,810 6.27 17,124
It should be noted that these system capacities are constantly changing as the District implements an
ambitious improvement plan centered around the rehabilitation of the Donner Lake and Glenshire
water systems. A map depicting the District's current facilities can be found on Plate IV.
In addition, a distinction should be made between current and firm water source capacities.
Although the District may have adequate capacity to meet current water demands, new water quality
regulations for arsenic and radon could decrease the effective capacity of various groundwater wells.
The effective capacity anticipated after complying with the new regulations is referred to as "firm
capacity". In some instances, the firm capacity could be dramatically less.
Future Water Demands
As the population of the existing service area increases and the District's service area expands, water
demands will increase significantly. Water demand is largely driven by population growth. The 1996
Truckee General Plan indicates a growth rate of about 2.1 percent for the next 20 years. Analyzing
historical water demands during the period from 1978-1999 reveals a 2.4 percent annual growth rate in
water demand. Of course, this assumes that the growth occurred in a fairly constant, uniform manner.
It is obvious that growth in and around Truckee is very cyclical in nature and extremely dependent
upon the economy. In fact, between 1997 and 2000 water demands increased by about 12 percent
annually. For planning purposes the Water System Master Plan assumed average yearly growth rates
ranging from 7.2% at the beginning of the planning period to 3.1% toward the end of the planning
horizon. The overall 20 year average annual growth rate was approximately 4.4%
13 August,2002
Estimated maximum daily water demands are represented in Table VI-2.
TABLE VI-2
Projected Maximum Daily Water Demand
Year Demand m d
2007 12.33
2012 15.43
2017 18.54
2022 20.96
Design Criteria
When making planning decisions the following design criteria are used:
TABLE VI-3
SUMMARY OF TDPUD WATER SYSTEM DESIGN CRITERIA
SOURCE OF SUPPLY
938 gpd/edu= 0.651 gpm/edu
Replication of single largest source
PUMPING
FACILITIES
Well - 0.651 gpm/edu
Booster - 0.651 gpm/edu
Replication of single largest pump in each station
Hydropneumatic - 0.651 gpm/edu plus fire flow or peak hour demand
STORAGE
Diurnal - 1/3 of max day demand
Fire - largest single fire flow requirement
Emergency - average day demand
L
mum pressure (static) = 40 psi
mum pressure (max. day avg. + fire flow) = 20 psi
imum pressure = 125 psi
14 August,2002
Water Sources
Presently, the District's overall firm water supply capacity is nearly 11.0 mgd. The State Department
of Health Services (DHS) requires redundancy of the largest single water source. In this case, the
largest single water source corresponds to the Airport Well which produces approximately 3.3 mgd.
Taking this into account, an additional 13.3 mgd of water source capacity will be needed over the next
20 years.
With the exception of a small intake at Donner Lake, the district relies exclusively on groundwater as
its water source. In the past, the District has used natural springs as a water source. Although the
District retains water rights to the springs, the springs are currently not being used due to their low
yield and the need to treat the water supply in accordance with the Surface Water Treatment Rule.
In order to meet future water demands the District is exploring four alternatives. In order of priority
these alternatives are:
1. Upgrade existing wells' pumping capacity
(where current well capacity exceeds pumping capacity)
2. Construct new wells not requiring treatment
3. Construct new wells requiring treatment
4. Construct a surface water treatment plant
The TDPUD Water System Master Plan predicts that over the next 20 years groundwater will remain
the District's primary source of water supply. Upgrades to existing well pumps are the most cost
effective manner to increase capacity. However, depending upon water quality and treatment costs,
the construction of a surface water treatment plant could become a viable alternative.
The Water System Master Plan identifies ten projects within the Truckee Donner Water System that
will be designed to yield the 13.3 mgd of water supply needed to satisfy the capacity deficiency that
will be generated over the next 20 years. Of the ten projects, three are upgrades to existing wells and
seven require the construction of new wells. Each of the new wells will be designed and sited to have
a minimum anticipated capacity of 1,500 gpm. The total estimated cost of water supply improvements
is $5,500,000. A detailed list of these projects and their estimated costs is found in Appendix A.
Pump Stations
The District's water systems range in complexity from the Hirschdale system, consisting of one
pressure zone, to the Truckee Donner System which has 30 pressure zones. With such variation in
topography, an extensive network of pump stations is necessary. The Water System Master Plan
proposes upgrading five pump stations and constructing four new pump stations. The total increase in
pumping capacity would be 16,305 gpm at a total estimated cost of$1,744,000. Further information is
included in Appendix A.
Water Storage
The water storage requirements are based upon meeting the maximum daily water demand from
consumers, providing adequate fire flow storage, and maintaining a sufficient amount of emergency
storage. Over the next twenty years the District will need to establish storage facilities for an
additional 16.26 million gallons. This will be accomplished through the implementation of 16
projects. The Water System Master Plan lists ten of the projects as tank expansions, with the
15 August,2002
remaining six projects entailing the construction of new tanks. The estimated cost for these
improvements is $7,419,250. Specific project names and individual costs estimates are included in
Appendix A.
Pipelines
The Water System Master Plan Update included a preliminary layout of the proposed pipeline routes
for the next twenty years. A total of 323,000 feet of pipe varying in size from 4" to 24" will need to be
replaced or constructed at an estimated cost of S 14,569,720.
The Donner Lake Water System
The Donner Lake Water System was acquired in May 2000 at the request of residents in that area. In
order to bring the system up to current District standards an intensive rehabilitation project followed.
The revenue required to undertake the rehabilitation of the Donner Lake Water System was generated
through the establishment of an assessment district. Property owners are assessed a flat tax of$6,925
to be paid over a period of 20 years.
The rehabilitation project was divided into three phases, beginning in 2001 and ending in 2003.
Among the project objectives were: construct two new storage tanks, reconstruct the Donner Lake
intake, install the District's SCADA system in various facilities, replace 87,970 feet of pipeline, and
finally to interconnect the Donner Lake System with the main TDPUD system in order to transition the
system from Donner Lake surface water to groundwater and to provide increased redundancy in water
supply. To date, the District is in the second phase of the project and on schedule to finish with all the
pipeline replacements in 2003.
The Glenshire Water System
The Glenshire System was acquired by TDPUD in 2002. At the time of the acquisition the Glenshire
Mutual Water Company had liquid assets of approximately $1,500,000. The total cost of the proposed
construction projects in the Glenshire system is estimated to be $2,727,000. The $1,227,000 shortfall
will be covered through a surcharge on water rates. In July 2002, the District passed Ordinance No.
2002-04, "Establishing a Glenshire Water System Upgrade Rate Component". Consequently, effective
September 2002 all water customers within the territory of the former Glenshire Mutual Water
Company will pay a monthly surcharge of$10.75. A copy of this ordinance has been included in
Appendix B.
The existing system is supplied by twelve wells of various production capacities. Many of these wells
have been undergoing a degradation in water quality including increased levels of arsenic, radon, and
iron. The District has explored alternative water sources and has decided to continue to use some of
the Glenshire well sources, upgrade others, and also construct a pipeline to the District's system to
provide supplemental source water from existing District wells. This would allow the District to
eliminate wells from the Glenshire system which are not considered useful due to quality or quantity
concerns. The District also plans to modify the Featherstone Pump Station to pump to the Glenshire
system, upgrade the Glenshire Drive Well Pump, and replace and upsize two existing storage tanks in
the Glenshire system. Presently, the proposed projects are under design and final plans should be
ready to submit by November 1, 2002. A detailed list of these projects is contained in Appendix C.
16 August, 2002
Improvement Costs
The total estimated cost for all the capital improvements listed in the Truckee Water System Master
Plan Update 2001 is $43,859,160. The Master Plan also identifies a host of projects that will be the
responsibility of developers to finance.
The District's preliminary cost estimates for the proposed improvements to the Glenshire system is
$2,727,000. An itemized list of the proposed projects and their associated costs can be found in
Appendix C.
It is anticipated that revenue for the District's capital improvements will come from five sources: 1)
water rates; 2) facility fees established pursuant to AB 1600; 3) connection fees; 4) property tax
assessments; and 5) water rate surcharges.
In the past, the District's improvement projects have also been constructed using funding from the sale
of Certificates of Participation and State funding programs. Loan obligations have been satisfied
through water rates, connection fees, and facilities fees. These rates and lees are the principal
component of annual revenue listed in Table VII-1. Facilities fees are new development contributions
established pursuant to the provisions of AB 1600 (Government Code Section 66000 et seq.).
Fee and Rate Structure
Water Department revenue is generated from five main sources: connection fees, facility fees, and
water rates (monthly bills), property tax assessments, and water rate surcharges.
Connection Fees:
Connection fees are charged to new development to offset the costs associated with the
labor and materials the District expends when connecting a new service. This is a one-time
charge to be paid at the time the connection is made. All commercial service connections
require the installation of a water meter sized for the anticipated water consumption.
TABLE VI-4
Connection Fee Structure
Meter Sizmactualcost
5/8"x3/3/4"1"
1-1/2" actual 2" actual 3" actual 4" actual 6" actual
17 August,2002
Water Rates:
Water rates are monthly bills paid by water service customers to the District in order to
cover the day-to-day expenses involved in operating and maintaining the water system.
Revenue from water rates is used to pay for items such as electricity bills, employee
salaries, debt service, and liability insurance. It is difficult to predict what water rates will
be in the future, due to fluctuating electricity costs, labor costs, and as the system gets older
some maintenance tasks will intensify.
New domestic water base rates and zone pumping charges where adopted by the TDPUD
Board of Directors in December, 2000. In January, 2002 a new ordinance was passed
amending the water rates to reflect escalating power costs. The domestic water base rate
remained unchanged; however, zone pumping charges were increased. The District's
current residential water rates are summarized in Table VI-5.
Water rate schedules distinguish between residential and commercial services. Residential
service customers pay a base rate and then a zone pumping charge irregardless of the
quantity of water consumed. Commercial water rates take into account the amount of
water actually consumed. These rates have three components: a charge based upon the
meter size at the service turnout, a commodity charge, and a zone charge. Tables VI-6
through VI-8 are the most current commercial water rates as adopted by the TDPUD
Board of Directors in January 2002.
TABLE VI-5
Monthly Residential Water Rates
Billing Zone Base Rate Zone Pumping Total
Charge
Zone 1 $35.93 $2.14 $38.07
Zone 2 $35.93 $4.01 $39.94
Zone 3 $35.93 $4.88 $40.81
Zone 4 $35.93 $5.88 $41.81
Zone 5 $35.93 $6.37 $42.30
Zone 6 $35.93 $6.83 $42.76
Zone 7 $35.93 $8.98 $44.91
Zone 8 $35.93 $10.27 A$46.20Zone 9 $35.93 $10.80 one 10 $35.93 $13.77 Zone 11 $35.93 $16.61
18 August,2002
TABLE VI-6
Monthly Commercial Water Rates
Meter Size Base Charge Monthly Water Allowance, gallons
3/4" $31.45 6,000
V S37.43 11,000
1-1/4" $44.85 17,000
1-1/2" $52.58 24,000
2" S72.39 43,000
3" S121.38 96,000
4" S174.09 171,000
TABLE VI-7
Monthly Commercial Zone Charges
Billing Zone Zone Pumping Charge
Zone 1 S0.255/1,000 gallons
Zone 2 $0.468/1,000 gallons
Zone 3 $0.585/1,000 gallons
Zone 4 $0,702/1,000 gallons
Zone 5 $0.759/1,000 gallons
Zone 6 $0.819/1,000 gallons
Zone 7 $1.080/1,000 gallons
Zone 8 $1.230/1,000 gallons
Zone 9 $1.290/1,000 gallons
Zone 10 $1.643/1,000 gallons
Zone 11 $1.988/1,000 gallons
19 August,2002
.........._....
TABLE VI-8
Monthly Commercial Commodity Charges
Gallons in Excess of Monthly
Allowance Charge
0 to 16,000 $1.46/1,000 gallons
16,000 to 56,000 $1,18/1,000 gallons
56,000 to 96,000 $0.92/1,000 gallons
96,000 and above $0.75/1,000 gallons
Facilities Fees
As noted previously, the total cost of improvements to be funded by Facility Fees is
$43,859,160. The growth in water demand is expected to increase from 7.63 million
gallons per day (mgd) to 20.96 mgd, corresponding to an increase of roughly 13.3 mgd.
The Water System Master Plan has assigned a maximum day water demand value of 938
gallons per single-family residence or "EDU". This increase in water demand is
equivalent to the demand generated from 14,211 EDUs.
The cost per EDU is calculated to be:
COST/EDU = S43,859,160 = $3086.28
14,211 EDUs
This facility fee will be applied to new development based upon how many EDUs of water
demand will be produced as a result of the development. For new residential facilities the
fee is $1.56 per square foot of habitable living area (excluding garages, decks, and storage
space). For non-residential developments the size of the water meter will be the
determinant for selecting the appropriate facility fee.
TABLE VI-9
Facility Fee Structure
Meter Size Facility Fee
5/8"x3/4" $3,086
3/4" $4,629
V $7,715
1-1/2" $15,430
2" $24,688
3" $46,290
4" $77,150
20 August,2002
5 Year Service Area
The five year sphere(see Plate III) shows the island community of Hirschdale as a contiguous portion
of the TDPUD service area. With the acquisition of the Glenshire Mutual Water Company, it seems
likely that water service will eventually be established in the area encompassing section 9 and the
Waddle property (section 16), which is located just south of Glenshire. In addition, a service corridor
following Highway 89 has been extended north up to the community of Hobart Mills. Recent plans for
development in Hobart Mills have lead the District to believe that in the near future it will need to
provide service to that area.
Possibly the most notable feature of the projected five year service area boundary is the inclusion of a
large area south of the Town of Truckee in the Martis Valley. Reasons to believe that this area will
eventually be annexed by TDPUD were addressed earlier in this document.
A table listing the proposed improvements that would need to be undertaken within the next five years
is found in Appendix A. The estimated construction costs for all the proposed improvements within
the five year time interval from 2002 to 2007 is S 12,605,570. The projects will be paid for by water
rates, facility fees, and connection fees.
10 and 15 Year Service Area
The designation of spheres of influence in 5 year increments is extremely difficult given the
geographical features surrounding the Truckee area. The Town of Truckee, the Martis Valley, the
County of Placer, and the County of Nevada all have general plans that have specific land use
designations and zoning for territories within the District's Sphere of Influence. In addition, much of
the land north of the current District boundary is administered by the U.S. Forest Service. Hence,
because so many interested parties are involved, the 10 & 15 year spheres of influence were combined
to create a generalized vision of the extent of the District's future water service areas.
The projected 10 and 15 year service area is depicted on Plate III. Growth is expected to continue to
the east of the Devonshire and Glenshire communities. Sections 2, 11, 14, 35 comprise the majority of
projected additional service area.
The estimated construction costs for all the proposed improvements between 2007 and 2017
is $14,424,390. The revenue required to finance these projects will be obtained through water rates,
facility fees, and connection fees.
20 Year Service Area
The 20 year sphere is essentially the entire area that would be feasible to provide water service to
based upon geographical constraints. The 20 year sphere includes most of the geographic basin in
which the town resides. The southern boundary coincides with the Martis Valley aquifer as defined in
the District's Groundwater Management Plan.
The District wishes to include the entire Martis Valley aquifer within its sphere of influence in an
effort to maintain some level of management over the basin. By including it within the District's
sphere of influence, the District hopes to be able to better manage the quantity and quality of
groundwater in the area.
21 August,2002
Even after 20 years, many areas will probably remain undeveloped. This is due, largely in part, to the
fact that most of the outer areas are owned by the U.S. Forest Service. Nevertheless, if development
were to occur the District would be in a position to establish the necessary water services. From 2017
to 2022, the Water System Master Plan allocated S2,130,540 for the construction related costs for new
pipeline, a new well, and a new storage tank.
Fiscal Considerations
The District will continue to evaluate water rates, connection fees, and facility fees on an annual basis.
Current rates and fees will inevitably need to be adjusted to compensate for inflation and, as water
quality standards become evermore stringent and various water sources fall out of compliance, rates
and fees may need to be amended to account for treatment costs or for developing new water sources.
The very nature of the District's rate structure is such that it does not encourage water conservation. In
fact, the declining block rate structure currently in use charges customers incrementally less as water
consumption increases. This creates a revenue shortfall for the District because the cost to pump
additional water does not decrease, but actually increases as more water is consumed. Further
compounding this effect, initially the District gives preference to those water sources that are the most
cost-effective and efficient to utilize, but as water demand increases the District is forced to rely on
secondary water sources that are not as cost-effective.
Issues such as those mentioned above will likely factor into the District's determination of future rates
and fees.
ELECTRIC SYSTEM
Existing Service Capacity
In 1995, residential electric customers in the Truckee area consumed an average of 562 kW-h per
customer per month. During December 1995, the system supplied 9,500 customers (residential and
commercial) 111,986,886 kW-h of energy and created a peak demand of 26,995 kW. According to the
Electric System Master Plan, over the next 30 years the Truckee area commercial electric use is
projected to grow 2.9 percent annually, while residential electrical use is projected to grow 2.5 percent
annually. The system average peak loads are projected to grow at 2.7 percent per year.
At present, the substations are able to supply the existing load within the ratings of the substations. The
Electrical System Masterplan gives recommendations to accommodate projected load increases over
the next 25 years and to provide better load transfer capability between substations during emergency
conditions.
General Conditions & System Reliability
The field survey performed during the preparation of the Master Plan confirmed that the overall
system was in good physical and electrical condition. It was found that poles, conductors, and
hardware appear to be in working order. Primary lines that continue cross country have been
maintained and have access by service roads.
The Truckee Donner Public Utility District electrical distribution system has provided service with a
degree of reliability typical for a mixed suburban and rural system. To provide for a more reliable
22 August,2002
system, improvements were needed in the ability for the distribution system to transfer load and for the
three existing major substations in the District to be able to handle additional loads, even during peak
load conditions. Improvement plans developed in the Electric System Master Plan include the addition
of new distribution feeders and the construction of additional distribution tie lines between the
substation areas. Additionally, various substation improvements are planned in order to provide
additional capacity to transfer loads between substation areas in the event of transmission or substation
contingencies.
Proposed Improvements
As part of the Electrical System Master Plan, recommendations were given for improvements between
the years 2000 and 2015. The recommendations, taken from the 1996 Master Plan, were given in
5-year time intervals. Recommended improvements through the year 2015 are listed in Table VI-10
TABLE VI-10
SCHEDULED ELECTRIC SYSTEM IMPROVEMENTS
2005 Linear Feet Estimated Cost Present Worth
1996 $ 1996 S
Truckee Feeder
Reconductor to 397 MCM ACSR out of Substation 1,400 21,125 14,403
Martis Feeder 1
Thtee-phase existing single-phase line#2 ACSR along 3,700 48,028 32,745
Ponderosa Drive and Silver Fir Drive
Martis Feeder 2
Reconductor to 397 MCM AL along Highway 267 to 2,200 33,213 22,644
Martis Valley Road
Prosser Lake View Substation
Construct 7,500 KVA substation with 3 feeder bays 1,099,327 711,511
Establish 2 feeder getaways with 2 spare conduits,3 500 73,598 50,178
manholes direct bury conduit.
Donner Lake Substation-Upgrade to 7,500 KVA --- 499,172 340,086
Phase balancing on system and load switching, 5 days 9,249 6,306
Add service extensions for new customers(700$/Account) 1,515 1,216,948 829,701
Total Cost Present Worth 1996 Dollars 1 $2,045,571
23 August,2002
2010 Linear Feet Estimated Cost Present Worth
Tahoe Donner Feeder I and 2 1996$ 1996 $
Reconductor to 397 MCM ACSR along Northwoods
Road 15,600 235,505 129,787
Tahoe Donner Feeder 3
Reconductor to 397 MCM ACSR along Snowpeak Way 500 7,548 4,160
Three-phase existing single-phase line along Rhineland 3,700 91,512 50,432
Ave.and Skislope Way 397 MCM ACSR
Construct new distribution line between Rhineland Ave. 550 17,629 9,716
and Skislope Way 397 MCM ACSR
Add 300 KVAR switched capacitor bank 13,770 7,589
Martis Feeder I
Reconductor to 397 MCM ACSR along Palisades Road 1,500 22,645 12,480
Gateway Substation
Construct 15.00 KVA substation with 4 feeder bays 1,252,521 690,265
establish 2 feeder getaways with 2 spare conduits,4 500 106,940 58,935
manholes,direct bury in conduit.
Build 69 KVT line from Bernese Lane to Gateway Sub 7,800 457,842 252,317
Prosser Feeder 2
Add 300 KVAR switched capacitor bank 13,770 7,589
Add service extensions for new customers(700 $/Account) 1,517 1,218,555 671,546
Total Cost Present Worth 1996 Dollars $1,894,816
2015
Truckee Feeder
Tom on capacitor bank, '/2 day of labor 925 412
Truckee Feeder 2
Transfer load from Martis Substation. '/z day of labor 925 412
Donner Lake Feeder 2
Tom on capacitor bank, '/z day of labor 925 412
Martis Feeder I
Remove OH line on Highway 267 (45 hr/1000 ft) 1,600 17,758 7,911
Transfer underground cable from Martis Feeder 3 to 1, 132,737 59,130
including 10-50 KVA Pad Xfmrs., service connections,
and OH taps.
Martis Feeder 2
Construct underground cable 750 MCM AL feeder 2,300 163,945 73,032
getaway to south of Reynolds Way. Includes 3
manholes,2 OH risers and 2 switch , spare conduit.
Martis Feeder 3
Connect feeder getaway to OH line previously used by 3,700 1,648
Feeder 2,2 days of labor.
Add service extensions for new customers (700 S/Account) 1,444 1,159,916 516,704
Total Cost Present Worth 1996 Dollars $659,661
24 August,2002
Improvement Costs
The Electric System Master Plan Update ' identifies $4,600,000 in improvement projects for the
District to undertake between year 2000 and year 2010.
Facilities Fees
TABLE VI-11
CALCULATION OF ELECTRIC
FACILITIES FEES SCHEDULES
ELECTRIC FACILITIES FEES
Total Master Plan Update Cost Estimate (1995-2015) $8,709,194 2
Ineligible Improvement Costs 2,658,194
Developer Responsible Areas 86,800
Total Costs Eligible for Facilities Fees 5,964,200
Projected Masterplan Update Total KW Demand 50,810
Existing KW Demand - 23,384
Total New KW Demand Eligible for Facilities Fees 27,426
Basic Electric Facilities Fees Calculation: $5964,200 127,426 KW = $217.47 / KW
Electrical Rates
Domestic electric rates are shown in Table VI-12.
As with water rates, future electrical rates are difficult to predict. The price of electricity to
consumers is based on two factors; the price offered to the District by its wholesale supplier, and
the costs related to operation and maintenance of the system.
TABLE VI-12
RESIDENTIAL & COMMERCIAL ELECTRIC RATES
Effective with February 1995 billing cycle
A. Domestic Electric rates: Permanent Residents
Customer Charge: $4.00 per month
Energy Charge: $.06811 per kilowatt-hour
B. Domestic electric Rates: Non-permanent Residents
Customer Charge: $4.00 per month
Energy Charge: $.08196 per kilowatt-hour
' The costs of completed projects have been subtracted out of the original 1992 Masterplan Update Cost
Estimate($8,853,300). The 1992 estimate was then adjusted to 1996 dollars at a rate of 3.5%APR.
2 The costs of completed projects have been subtracted out of the original 1992 Masterplan Update Cost
Estimate($8,853,300). The 1992 estimate was then adjusted to 1996 dollars at a rate of 3.5%APR,
25 August,2002
C. Small Commercial Rates: Commercial customers with monthly demand of less than 50
kilowatts
Customer Charge: 58.00 per month
Energy Charge: S .08821 per kilowatt-hour
D. Medium Commercial: Commercial customers with monthly demand greater than 50 kilowatts and
less than 200 kilowatts
Customer Charge: $80.00 per month
Demand Charge: $9.77 per kilowatt of billing demand
Energy Charge: S .03990 per kilowatt-hour
E. Large Commercial: Commercial customers with monthly demand greater than 200 kilowatts
Customer Charge: 5350 per month
Demand Charge: $9.27 per kilowatt of billing demand
Energy Charge: S .04139 per kilowatt-hour
F. Temporary Commercial electric Rate:Applicable to the following customers -Bank of America,
Customer number 4; CHP Inspection Station, Customer number 14; Capitol Coors, Customer
number 18; Seven Eleven, Customer number 22; TTUSD Business Office, customer number 34;
CHP Headquarters, Customer number 1563; Tahoe Forest Hospital, Customer account 9169;
Dairy Queen, customer number 16457; Truckee Sanitary District, Customer number 16611;
Kentucky Fried Chicken, Customer number 19534.
Demand Charge: S 10.61 per kilowatt of billing demand but not less than 318.37
Energy Charge: S .051 per kilowatt-hour
To the extent that the District is charged a fuel charge by its wholesale power supplier, that charge shall
be assessed to District customers on the basis of kilowatt hour usage,using a six month rolling average
formula.
V11. DISTRICT REVENUE
District revenue is generated through its water and electric services. Various mechanisms exist
to generate revenue, including: the establishment of assessment districts, water and electric rates,
water and electric rate surcharges, connection fees, and facility fees.
Table VII-1 offers a historical glimpse of the District's customer base and annual revenue for its
water and electric operations.
26 August,2002
TABLE VII-1
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
ANNUAL REVENUE
WATER SYSTEM ELECTRICAL SYSTEM
# of Annual # of Annual
Year customers (t) revenue customers tz1 revenue
1985 4,117 (a) $ 1,119,139 (a) $ 6,582,064 (a)
1986 4,346 (a) 1,491,101 (a) 6,285,720 (a)
1987 4,528 (a) 1,437,037 (b) 7,232,098 (b)
1988 4,737 (e) 1,621,471 (b) 7,546,230 (b)
1989 5,020 (e) N/A 8,275,843 (a)
1990 5,320 (e) 1,614,097 (a) 7,780,515 (a)
1991 2,177,658 (b) 7,595 (a) 7,645,473 (b)
1992
2,776,105 (b) 8,319,640 (b)
1993 3,063,125 (b) 7,959,404 (b)
1994 2,959,030 (b) 8,442,736 (b)
1995 6,852 (e) 3,120,221 (b) 8,940 (e) 8,763,912 (b)
1996
3,484,682 (b) 8,721,830 (b)
2000 8,609 (e) 3,906,487 (a) 10,362 (e) 9,200,000 (e)
2001 9,850 (e) 4,494,747 (a)
2002 10,785 (a) 4,900,000 (e)
2005 11,785 (e) 5,500,000 (e) 11,878 (e) 10,000,000 (e)
2010 13,662 (e) 6,800,000 (e) 13,396 (e) 10,700,000 (e)
2015 15,838 (e) 8,500,000 (e) 14,840 (e) 11,500,000 (e)
(a)actual (b)budget (e) estimated (1) "Water System Masterplan 1990" (2)`Blectric System Masterplan" (1992)
Note: Estimates of the number of customers from 2002 to 2015 are based upon an annual growth rate of 3.0%.
Estimates regarding future revenue for the District's water services are from the 1990 Water System
Master Plan and do not account for the addition of the Donner Lake and Glenshire service areas.
Presently, the District has annual revenues for its water operations of approximately $4,500,000.
This amount includes incoming revenue from the Donner Lake area and revenue from water rates
paid by Glenshire area residents. Revenue will increase starting in September 2002 when Glenshire
customers begin to pay a monthly surcharge of$10.75 in addition to there corresponding water rates.
27 August,2002
REFERENCES
1. "Town of Truckee General Plan, Volume I, Goals and Policies" (1996)
2. "Water System Masterplan 1990", Sauers Engineering, Inc.
3. "Electrical System Masterplan Preliminary Report" (1992), R.W. Beck and Associates
4. "Water System Masterplan Update 2000-2020" (2001), Truckee Donner Public Utility
District.
28 August,2002
APPENDIX A
Scheduled Water System Improvements
29 August,2002
APPENDIX A
Scheduled Water System Improvements
Facility Description Construction Cost
2001
Pipeline Easement- Mantis Well No. 1 to Joerger Drive $267,720
Pipeline Easement- Ranch Way to TSD Building $237,000
Pipeline Joerger Drive - TSD Building to Mantis Well No. 1 Easement $273,000
Pipeline Bridge Street 6160 Tank Piping $8,000
Pipeline Sha-Neva Road Extension $86,000
Pipeline Sha-Neva Road Extension $130,000
Pipeline Sha-Neva Road Extension $62,000
Pipeline Alder Drive-Thayer Drive to PC-2 $42,000
Pipeline Easement- Between Coachland MHP and Alder Drive $131,250
Pipeline Easement- Between Sanders Well and Coachland MHP $160,500
PRV Station Trout Creek 6550 Pressure Reducing Station - 1.5" &6" $18,000
Pipe Modification Isolation Valve in Northwoods Blvd. to Separate 6550 Zone and Innsbruck Zone $2,000
Well Martis Well No. 1 $750,000
2002 Total $2,167,470
Well Modification Glenshire Well Modifications $150,000
Well Modification Prosser Annex Well Modifications $50,000
Pipeline Falcon Point Site Piping $7,500
Pipeline PC-2 On-Site 20"Transmission Piping $170,720
Pipeline PC-2 On-Site 20"Transmission Piping $56,320
Pipeline PC-2 On-Site 20" Transmission Piping $48,400
Pipeline PC-2 On-Site 20"Transmission Piping $117,920
Pipeline PC-2 On-Site 20" Transmission Piping $66,880
Pipeline Samuel Loop - Fibreboard Undercrossing to PRV Station $387,200
Pipeline Easement- Featherstone Tank to Samuel Loop $127,600
Pipeline Easement- Fibreboard Undercrossing to PC-2 $61,000
Pipeline Easement- Prosser Well No. 2 to Samuel Loop $76,560
Pipeline Sha-Neva Road -Tahoe Truckee Supply to Sanders Well $145,250
Pipeline Sha-Neva Road -Tahoe Truckee Supply to SR 89 $203,000
PRV Station Pathway Pressure Reducing Station - 1.5" & 6" $18,000
Pump Station Falcon Point Pump Station -2,100 gpm @ 300 feet $285,000
Pump Station Featherstone 6160 Pump Station Upgrade $100,000
Various Various Small Projects (ie Fire Hydrants Pipe Modifications) $215,000
2003 Total $2,286,350
Well Modification Northside Well Modifications $50,000
Pipeline Bridge Street 6040 Tank Site-Site Piping $48,000
Pipeline Bridge Street 6040 Tank Site - Site Piping $172,000
Pipeline Bridge Street Tank Site- Site Piping $236,000
Pipeline Bridge Street- Indian Jack Road to 6040 Tank Site $8,000
Pipeline Donner Pass Road - Gateway/Town Pressure Zone Tie-in $150,000
Pipeline Indian Jack Road - Bridge Street to Northside Well Site $6,000
,500
Pipeline Northside Well Site Piping $
Pipeline West River Street- Gateway/Town Pressure Zone Tie-in $65,800
Pipeline PC-2 On-Site 14" Transmission Piping $30, 00
Pipeline PC-2 On-Site 14"Transmission Piping $45,8000
Pipeline PC-2 On-Site 16"Transmission Piping $9500
Pipeline PC-2 On-Site 16" Transmission Piping $ 54,,750
Pipeline PC-2 On-Site 16"Transmission Piping 12 0, 0
,000
$9
Pipeline PC-2 On-Site 16" Transmission Piping
Pipeline PC-2 On-Site 16" Transmission Piping $$93, 00
Pipeline PC-2 On-Site 16" Transmission Piping 205,0, 00500
PRV Station Oberwald Pressure Reducing Station 1.5" & 6"
Pump Station West Palisades Hydropneumatic PS Improvements - 1,040 gpm @ 115 feet $174
Storage Tank Bridge Street 6040 Tank- 2.0 m $ 000, 0
,00000
2004 Total $1,
$40,020
Pipeline Easement- Prosser Well No. 2 to Fibreboard UC
Scheduled Water System Improvements
Facility Description Construction Cost
Pipeline Dogwood Road - Bishop Pine Road to Dogwood Tank $183,000
Pipeline Easement from Dogwood Tank to Palisades Drive $73,750
Pipeline Easement from Martiswoods Tower to Klekner Court $75,000
Pump Station Dogwood Pump Station - 1,000 gpm @ 190 feet $195,000
Storage Tank Bridge Street 6160 Tank- 1.0 mg $500,000
Storage Tank Dogwood Tank- 1.1 mg $550,000
Well Prosser Well No. 2 $750,000
Various Various Small Projects $128,000
2005 Total $2,494,770
Pipeline Euer Valley Road -3rd TD Access to Lausanne Way $197,000
Pipeline Bridge Street 6040 Tank Site to 3rd TD Access Road $422,000
Pipeline 3rd TD Access - Bridge Street to Euer Valley PS Site $446,000
Pipeline 3rd TD Access - Euer Valley PS Site to Euer Valley Road $232,000
Pipeline 3rd TO Access- Euer Valley Rd. to Northwoods Blvd. $386,000
Pump Station Stockholm Pump Station Improvements $50,000
Pump Station Euer Valley Pump Station -4,800 gpm @ 475 feet $630,000
Storage Tank Ski Lodge Tank Expansion-0.55 mg $275,000
2006 Total $2,638,000
Pipeline Stockholm Tank Site Piping $22,500
Pipeline Easement- Prosser Well No. 1 to Featherstone 5988 Tank $407,100
Pipeline Prosser Well No. 1 Site Piping $25,500
Pump Station Ski Lodge Pump Station Improvements $50,000
Pump Station Ski Run Pump Station Improvements $50,000
Storage Tank Featherstone 5988 Tank Expansion - 0.65 mg $325,000
Storage Tank Falcon Point Tank Expansion -0.625 mg $312,500
Storage Tank Pinnacle Tank Expansion- 0.8 mg $175,000
Storage Tank Stockholm Tank Expansion - 0.8 mg $400,000
Well Prosser Well No. 1 $750,000
2007 Total $2,517,600
Pipeline Blueberry Road/Purple Sage Road - s/o Sunrise Court $56,000
Pipeline Easement- No Other Way Extension to Rainbow Dr. Extension $111,100
Pipeline Northwoods Boulevard - n/o Slalom Way $59,000
Pipeline Rainbow Dr. Extension - Prosser PRV Station to Pine Forest Rd. $163,750
Pipeline Rocky Lane -w/o Gateway Tank Site $107,400
Pipeline Skislope Way- e/o Donner View Tank Site $35,000
Pipeline Skislope Way- e/o Ski Lodge Tank Site $23,000
Pipeline Skislope Way -se/o Copenhagen Drive $16,000
Pipeline Skislope Way- Bermgarten Road to Northwoods Boulevard $95,000
Pipeline Easement- Soma Sierra PS to Bermgarten Road $367,500
Pump Station Bridge Street 6160 Pump Station -4,800 gpm @ 130 feet $210,000
Storage Tank Bridge Street 6040 Tank- 2.0 mg $1,000,000
Y008 Total $2,243,750
Pipeline Easement-Alder Creek Road to Wolfgang Road $50,000
Pipeline Easement- Schussing Way to St. Bernard Drive $46,000
Pipeline Easement-Skiview Loop to Chalet Road $92,000
Pipeline Greenwood Road at Pine Forest Road $8,000
Pipeline High Street- e/o Donner Pass Road $74,000
Pipeline Interstate 80 - Northside Tank Site to Keiser Avenue $45,100
Pipeline Northwoods Boulevard -Christie Lane to Davos Drive $100,000
Pipeline Highland Avenue - Olympic Boulevard to Riverview Ct. $323,000
Pipeline Highland Avenue - Riverview Court to Glenshire Drive $140,000
Pipeline Riverview Court- Highland Avenue to End $142,000
Pipeline Prosser Dam Road - Prosser Well No. 3 to PC-2 $100,740
Pipeline Prosser Well No. 3 Site Piping $17,940
PRV Station Madrone Pressure Reducing Station 1.5 &6" $18,000
Storage Tank Prosser Annex Tank Expansion - 0.8 mg $400,000
Well Prosser Well No. 3 $750,000
Scheduled Water System Improvements
Facility Description Construction Cost
Pipe Modification Remove Pressure Zone Interconnection at northwoods Blvd. & Davos Drive $3,000
2009 Total $2,309,780
Flow Meters Installation of flow meters @ wells and pumping stations not already equipped $80,000
Generators Installation of standby generators at selected wells and pumping stations $1,600,000
Pipeline Herringbone Tank Site Piping $10,500
Storage Tank Herringbone Tank Expansion -0.8 mg $400,000
2010 Total $2,090,500
Storage Tank Easement-Skislope Way to Slalom Way $71,000
Pipeline Innsbruck Tank Site Piping $10,000
Pipeline Bridge Street- South River Street to Indian Jack Road $438,000
Storage Tank Bridge Street 6160 Tank-2.0 mg $1,000,000
Storage Tank Innsbruck Tank Expansion - 0 625 mg $218,750
2011 Total $1,737,750
Pipeline Easement- Brockway Road to Riverview Court (Regional Park) $788,000
Pipeline Easement- Ranch Way to Glenshire Drive $235,000
Pipeline Future RR Crossing - East River St. to Glenshire Dr. $102,000
Pipeline Glenshire Drive- Olympic Heights to Future RR Crossing $532,500
Pipeline Glenshire Drive - Olympic Heights to Future RR Crossing $138,000
Pipeline Riverview Court - Ranch Way to Regional Park $636,000
2012 Total $2,431,500
Pipeline Easement- Church Street to Trout Creek Road $85,800
Pipeline Easement- Kayhoe Court to Riverview Court $89,000
Pipeline Glenshire Drive - Donner Pass Road to Future RR Crossing $122,100
Pipeline Joerger Drive - Martis Well No. 1 Easement to Mantis Dam Road $677,250
Pipeline Mantis Dam Road - Joerger Drive to Martis Well No.2 $472,500
Pipeline Martis Well No. 2 Site Piping $12,420
Well Martis Well No. 2 $750,000
2015 Total $2,209,070
Pipeline Martis Dam Road - Martis Well No. 2 to Martis Well No. 3 $447,120
Pipeline Mantis Well No. 3 Site Piping $12,420
Storage Tank Glacier Tank Expansion - 0.25 mg $87,500
Storage Tank Martiswoods Tank Expansion -0.3 mg $105,000
Well Martis Well No. 3 $750,000
2018 Total $1,402,040
Pipeline Prosser Dam Road - Easement to Mt. Rose View Drive $259,500
Pipeline Prosser Dam Road - Mt. Rose View Drive to Prosser Well No. 4 $136,620
Pipeline Prosser Dam Road - Mt. Rose View Drive to Prosser Well No. 4 $57,000
Pipeline Easement- Prosser 6040 Tank to East Alder Creek Road $195,000
Pipeline Easement- East Alder Creek Road to Prosser Dam Road $120,000
Storage Tank Prosser 6040 Tank- 2.0 mg $600,000
Pipeline Prosser Well No.4 Site Piping $12,420
Well Prosser Well No. 4 $750,000
Total $2,130,540
Facility
$5,500,000
Wells
Tanks $7,419,250
Pump Stations $1,744,000
Pipeline $14,569,720
Various Small Projects $2,095,000
Subtotal $31,327,970
Administration & Engineering $6,265,594
Contingencies $6,265,594
Total $43,859,158
APPENDIX B
Ordinance No. 2002-04
"Establishing a Glenshire Water System Upgrade Rate Component"
30 August,2002
.IY I'LY'YG Yi•JJYiII fi Vll- nVYnGG V li,G1 lVY u , .YJ !' viV
Ulm=
Ordinance No. 2002-04
Establishing a Glenshire Water System
Upgrade Rate Component
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District,
hereinafter referred to as District, has entered into an agreement with the Glenshire
Mutual Water Company for acquisition of the Glenshire water system; and
WHEREAS, the Glenshire water system is experiencing water quality and quantity
problems; and
WHEREAS, the Agreement for the Acquisition (attached hereto) requires that the
Glenshire water system customers pay the cost of water system upgrades by means of
a Glenshire Water System Upgrade Rate Component and
WHEREAS, the Board of Directors of the District has determined that the Glenshire
Water System Upgrade Rate Component should be set at$10.75 per month; and
WHEREAS, a public hearing was held on July 17, 2002 to receive written and oral
comments from the public regarding the proposed ordinance establishing the Glenshire
Water System Upgrade Rate Component;
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the District as
follows:
1. Effective with the effective date of this ordinance, all
portions of prior ordinances and/or resolutions that are
inconsistent with the provisions of this ordinance are hereby
repealed insofar as they are inconsistent.
2. Glenshire Water System Upgrade Rate Component:
There is hereby established a Glenshire Water System
Upgrade Rate Component in the amount of$10.75 per
month applicable to all customers within the territory of the
former Glenshire Mutual Water Company.
3. This Glenshire Water System Upgrade Rate Component
shall be a monthly charge that is in addition to any other
monthly water charge in effect for customers of the District.
4. If no protest is made pursuant to Public Utilities Code Section 16078,
then this ordinance shall be effective thirty days after the date it was
adopted by the Board of Directors.
5. The Glenshire Water Upgrade Rate Component shall be reviewed each
year in conjunction with adopting of the District budget and shall be
amended as appropriate.
6. The Clerk of the District shall immediately cause a copy of this
ordinance to be published in a newspaper of general circulation and
posted in three places within the District.
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 17th day of July 2002 by the following
roll call vote:
AYES: Aguera, Hemig, Maass, Sutton and Van Gundy
NOES: None
TRUCKE'�R P B UTlll DISTRICT
By (( It
Nelson Van Gundy, President
ATTEST:/ (? y_ /J� ,L
Peter L. /Hollzzmei0st�er,,�Diistrictt Clerk
2
APPENDIX C
Estimated Costs for Proposed Construction Projects
within the former
Glenshire Mutual Water Company Service Area
31 August,2002
APPENDIX C
Estimated Costs for Improvements to the Glenshire Water System
Firm Costs
1 Buy-in to well 334,000
2 Storage Tanks
new 67,000
repair 50,000
3 Truckee River Bridge crossing 51,000
4 Service line replacement 50,000
5 Accrued employee benefits 19,000
Total $571,000
Construction Costs
1 New 12" transmission line 1,170,000
2 Well upgrade (increase pump capacity) 200,000
3 Chlorination for well #20 100,000
4 Featherstone Pump Station upgrades 100,000
5 Pump station in Glenshire 100,000
6 Main line replacement at Cavalier Rise 100,000
7 Main line replacement at Regency Circle 100,000
8 Well abandonment 90,000
Total $1,960,000
Contingency $196,000
ESTIMATED TOTAL COSTS $2,727,000
APPENDIX D
District Enabling Legislation
32 August, 2002
DISTRICT POWERS, FUNCTIONS § 16704
Cross References:
Powers and functions of municipal utility districm Pub Util C§§ 12701 et seq.
Law governing contracts by public utility districts: Pub Con C§§20202,1 a seq.
Collateral References:
Cal Jur 3d Public Utilities§§ 133 et seq.
§ 16401. Perpetual succession
CHAPTER 4 A district has perpetual succession.
Added Stan 1953 eb 72§2.
Powers and Functions of Districts Historical Derivation:Stan 1921 ch 360 §30 to per p 918. as amended by Stau 1933 ch 999
§4 p 2562;Stan 1941 ch 1079 § I p 2773.
Article Coast" Reference:
I. Corporate Powers. § 16401 I Cal Jur 3d Public Utilities§ 03.
2. Propeny. § 16431
3. Utility Works and Services. § 16461 ! § 16402. Actions
4. Repairs and Other Work. (Repealed) Except as otherwise provided, a district may sue and be sued in all
5. Purchase of Supplies and Advertising. § 16531 actions and proceedings, in all courts and tribunals of competent
6. Indclatedness and Financing. § 16571 jurisdiction.
8.7. Recxipts, Accounts, and Audits. § 16601 ch 72 ¢2.
Taxation. § 16641 Added Suu 1953 n.
9. Payment of Claims Against Districts. § 16681 Historical Dedvadom Suits 1921 ch 560§30 2d par p 918, as amended by Sum 1933 ch 999
§4 p 2562,Stars 1941 ch 1079 § I p 2773.
Collateral References:n Note-.See Recommendation and Study by California Law Revision Commission,
Rui
Cal of prar 3dctice
Public Utilities §§ 133 et seq. dated January 1963, relating to sovereign immunity.
ractice and procMure of Public Utilities Commission: 20 Cal Code Reg
§§ 1 e[ seq. Coluteral References:
Cal Digest of Official Reports 3d Series, Public Utilities §4. 1 Cal Jur 3d Public Utilities § 133.
Am Jur 2d Public Utilities §234.
Forms:
Am I" Legal Forms 2d, Public Utilities§§215:11 et seq. § 16403. Seal
Am Jur PI Sc Pr Forms(Rcv ed) Public Utilities Forms i ct seq. A district may adopt a seal and alter it at pleasure.
Added Sum 1953 ch 72 §2.
ARTICLE 1 Historical Derivadom Stau 1921 ch 560§30 3d par p 918, as amended by Smu 1933 ch 999
§4 p 2562, Suu 1941 ch t079§ I p 2773.
Corporate Powers j
[Diruiou 7, Public Utility District Act-Chapter 4, Powers and Functions § 16404, Eminent domain
of Districts-Anicic 1, Corporate Powers; Added Scats t953 <h 72 §2.1 A district may exercise the right of eminent domain to take any
§ 16401. Perpetual succession property necessary or convenient to the exercise of the powers granted
§ 16401. Actions in this division.
§ 16403 Seal Added Stan 1953 ch 72 §2. Amended SUB 1975 ch 582 § 14, efffective July 1, 1976-
§ 16404. Eminent domain
§§ 16405, 16406. [Repealed] Amendments:
1975 Amendment: Substituted the section for the former cation which read: " A
§ 16407. Powers with reference to improvement districts district may exaciu the right of eminent domain in the manner provided by law
§ 16408. Formation of districts with lands proposed to be annexed for the condemnation of private property for public usewen r and anted in this
may rake any
§ Ili-F09. Contracts with and borrowing from United States for purpose of obtain property necessary or convenient to the exercise of the division, whether such property u already devoted to the same uu or otherwise.
trig water i In the proceedings, vrnue, and ial tr relative to the exerts of the right ro
372 373
§ 16" PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS, FUNCTIONS § 16409
condemn property the district has the same rights, powers, and privileges as a y
municipal corporation." shall refer. to public unlit districts and all words relating to irrigation
or municipal water district officers and matters refer to the corrc-
Editor's Nor«—The 1975 amendment to this section became operative on the nding officers of a public utility district and matters under this
Starss
operative date of Stars 1975 ch 1275, such date being July 1, 1976, under terms of po.
Stars 1976 ch 22, as amended by ch 393. di d�3tas 1953 cis 72 §2. Amtndcd Scats 1965 cis 661 § I.
Historical Derisation: Sus 1921 ch 560 §30 6th par p 918, as amended by Star, 1933 cis
999§4 p 2562,Stan 1941 ch 1079 § I p 2773.
Amendments:
Law Revision Commission Comment: 1%5 Amendment: Added all that part following "Pan 7 of list water Code tot c
1975 Amendmetast—Sation 16" is amended to delete portions made unnecessary section'
by the enactment of the Eminent Domain Law. Sec Code Cm Proc. §§ 1230,020 Historical Derivation: Suits 1921 ch 560 §30.01 1st par, m added by Star, 1951 ch 692 §I P
(unform procedure), 1240,310 et seq. (compatible use), 1240.610 et seq. (more 1904.
necessary public use).
Cross References: § 16408. Formation of districts with lands proposed to be annexed
Acquisition, operation and We of utilities owned by municipal corporations: Pub Improvement districts also may be formed of land proposed to be
Lot C §§ 10001 et seq. g P
Eminent domain: CCP §§ 1230,010 et seq. annexed to the district, contingent upon the annexation bland co be
Collateral References: pleted. The petition for annexation may request that the improvement
witera P efer nr<(3d ca)Anions§633. annexed shall be included in and form a part of any imp
CA] Jut 3d Public(3dUtilities) g tion district existing within the district or shall constitute a new unpro of
ve-
Am Jur 2d Emincut Domain §§ 19. 375 et seq. went district within the district when one of the terms dand
directors of the district may determine, as
NOTES OF DECISIONS conditions for the annexation, that the land shall be included in and
foam a part of any improvement district then existing within the
section does not give public am sectionin dumca same out in this and other sections of code district or shall constitute a new improvement district when annexed.
power to acquire by coinhmmtion as "municipal Georgetown Divide Public Utility Don. v Bacchi Added Stars 1953 ch 72 §I
corpontions" have uadcr §§ 10001-10213, since (1962)204 CA2d 194,22 Cal Rpu 27.
1904 al perisation:Suits
9
1921 cis 560 §30.01 2d par, as added by Stns 1951 cis 62 P
powcn of public utility, district are clearly spelled 1904.
§ 16405. [Section repealed 1975.] § 1b409, Contracts with and borrowing from United States for pur-
Added Sum 1953 ch 72 §2 p 766. Repealed Stan 1975 ch 582 § 15, effective July t, 1976. pose of obtaining water
Editor's Notes—Tbc 1975 repeal of this section became operative on the operative For the purpose of obtaining and supplying water for doland
date of Stan 1975 ch 1275, such date being July I, 1976, under terms of Slats irrigation, and fire protection purposes, a district may cooperatey
1976 cis zz,as amenaai by cis 393. contract with the United States and borrow or procure moue from
Law Revlaiou Commission Comment
res
1975 Repeal—Scction 16405 is ennccasary. Sec Code Civ, Proc. § 1250.210 and the U geed States in the same manner and under th Chapter 2 of the
Comment therein. as Irrigation districts under DivisiQn 11, Part 6,
Water Code. Any district, in order to make payments to the United
§ 16406. [Section repealed 1983.] States under any contract between
lee districtassessments,ts, fiUnited
and collect
Added Sus 1953 ch 72 §2 p 766. Repealed Slats 1983 ch 256 § 10C Sec Pub Con C may, In lieu, in whole or In p g land- A district
§20202.2. charges for the service of water by the district to anyhe
may charge higher rates for
service
terestt cost of s charged tor to any n herd strict ton
§ 16407. Powers with reference to improvement districts i amount required to pay
any United Stales Bureau of Reclamation loan by reason of land held
A district has the same powers with reference to improvement by such owner in excess of 160 acres.
districts as are conferred upon irrigation districts by Division 11, Part Added Star, 1953 ch 72 §2. Amended Star, 1969 ch 388 § I.
7 of the Water Code and as are conferred upon municipal water
districts by Part 7 (commencing with Section 71851) and Pan 8 Amendmen a:
(commencing with Section 72000) of Division 20 of the Water Code. Hist19,69 orical snesohn,m: tadsed the
eclast two se 560 § 7 np6na added by Suits 1951 ch 731 § i p 1999
As used in this section, all references to districts in the adopted acts 375
374
ARTICLE 3
ARTICLE 2
Utility works and Services
Property
ivision 7, Public Utility District Act—Chapter 4' PAdd d Suits owers and 195t3 ch
[Division 7, Public Utility District Act--Chapter 4, Powers and Functions ID Districts--Article 3, Utility works and Services;
of Districts—Article 2, Property;Added Stau 1953 ch 72 §2.1 12 §2.1
§ 16431. Authority to acquire, hold, (case or dispose of property § 16,461. Acquisition, construction, and operation of utility works and services
§ 16432. Title to property .
§ 16462. Purchase of utility works and services
Cars References rotecoan district; Exception
16463. Additional public utility works
Public work and purchases,generally_Gov C§§4000 et seq. § 16463.5.Authority to exercise power of fire pon
Collateral Refer<acee:
§ t6464. Construction along streets and land
Cal lur 3d Public Utilities §§ 133 or seq. § 16465. Construction of works across stream or watercou
Annoradons: § 16466. Duty to restore street or highway uses to be paid
Damages resulting from temporary conditions incident to public improvements or § 16467, Revenue-producing utilities; Exile
repairs as compensable taking. 23 ALR4th 674. § 16467.1.Facilities not operato commodities on revenue �ervngebasis tenants
§ 16469. Unpaid charges as Pa
r"' § 16468. Advance payment l of annual assessment; Unpaid charges by
aR
§ 16431. Authority to acquire, hold, lease or dispose of property sment payable in installments
A district may take by grant, purchase, gift, devise, or lease, or § 16�471' Unpa"td harges Li,l for added nadded to asses
16471. Charges included in tax rate; to county auditor
otherwise acquire, hold and enjoy, and lease or dispose of, real and §
personal property of every kind within or without the district, when § j6472 1 ha for delinquent water charges
in the judgment of the board it is for the best interests of the district § 16472.5.Enforcement; Injunctions
50 t0 do. § 16473. Sale of surplus utilities p Iv public utility services outside district
Added Stair 1953 ch 72 §2. § 16474. Use of surpl
us facilities to sir p, p Fixing of charges;
§ 16475, Water standby or immediate 'availability charge; for South Tahoe
Historical Derivation: Stair 1921 ch 560 §70 4th par p 918, as amended by Stair 1933 ch Exemption; Use of funds
999 §4 p 2562,Stair 1941 ch 1079 § I p 2773. es for Tahoe City public utility dlStnCt; Charges
Collateral References: § 16476. Chang
public utility district Utility District,
Cal Jur 3d Public Utilities § 133.
§ 16477 Charge for Faltbrook Public Utility' District
§ 16478 Annual
charge for sew U[ilityl Di tnct,for aand North Tahoe Public Utility
§ 16432. Title to property City Public Utility
The legal title to all property acquired under this division vests Distract
§ 16479, Transfer
funds for Tahoe
immediately and by operation of law in the district, and is held s of surplus Impr
theDistrict for North Tahoe Public Utility District
district in trust, and is dedicated and set apart to the uses and
§ 16480. Limitation on advertising expenditures
purposes Set forth in this division.
Added Suits 1953 ch 72 §2. § 16481. Services to nonsubsenber residential users
§ 16481.I.Services to residential occupants ui rolgBdemusterdeposit
meter
Historical Derivation:Suits 1921 ch 560§50 p 931. § 1y181.6.Creditworthiness as basis for services
P
Collateral Retereocaa: § 16492, Lim iation on term�naoon of s3rviccs
77
Cal Jur 3d Pubhe Utilities § 133.
376
DISTRICT POWERS, FUNCTIONS § I&W.5
§ 1646J PUBLIC UTILITY DISTRICT' ACT I
§ I6482.1.Tcnninarion procedure; Notice } § 16462. Purchase of utility works and services
§ 16483. Prohibited cessation of services during non-business hours p district may also purchase any municipality, person, or private com-
such commodities or services
§ 16495. Collection of standby or immediate availability charges from any other utility district, munic
§ 16486. Kirkwood Meadows Public Utility District; Snow removal, public pack- party, and distribute them,
ing, and cable television Added Seats 1953 ch 72 §2.
§ 16487. Kirkwood Meadows Public Utility District; Indebtedness for gas and Historical Derivation: Slats 1921 ch 560 §30 5th par p 918, as amended by Slats 1933 ch
electricity services 999 §4 p 2562. Scats 1941 ch 1079 § I p 2773.
§ 16488. Compliance with provisions regarding polychlorinated biphenyls Collateral Reference:
Cross References: Cal Jur 3d Public Utilities § 133.
Utility works and service: Pub Util C §§ 12801 to seq.
Restriction on right to 6x and collml charges for water standby or immediate works
availability charge: Pub Util C § 16475. § 16463. Additional public utility
Public work and purchases, generally:Gov C§§4000 et seq. A district may acquire, construct, own, complete, use, and operffia a
Collateral References: fire department, street lighting system, public parks,hpublic
pli n
Wilkins Summary (91h tin Constitutional Law §§905 et seq. grounds, golf courses, public swimming pools, public
works to
Cal Jur 3d Public Utilities §§ 133 to seq.
Forms: buildings, buildings to be used for public purposes,
Am Jur Legal Forms 2d, Public Utilities §§215:11 et seq. provide for the drainage of roads, streets, and public pavement of streets.
Am Jur PI& Pr Forms(Rev cell Public Utilities Forms I to scq. but not limited of th
cu
is division, of�hoselkprojeotspshall be considered
Annorations: For purposes
a public utility or public utility works.
Right of public minty to deny service at one address bxatut of failure to pay for Y
past service rendered at another. 73 ALR3d 1292. Added Stars 1986 ch 195 § 134. was added by Stan 1953 ch
Damages resulting from temporary conditions incident m public improvements or Former$¢coons: Former § 16463, similar to the present section,
repairs as compensablc taking. 23 ALR4th 674.
CV
2, §§ I ea d d pealed by Slats 1956
ch 13 §1. Sm, 1963 ch 2067 § 10. Stars 1967 eb
5.
§ 16461. Acquisition, construction, and operation of utility works and H(atorwal Derivation:
services (a)Former Pub Con C§20202.4. as added y. Suss 1953 ch 256 § I.
p (b) Former Pub Util C § 16463, as added by Stan 1953 <h 72 §2, amended by Stirs 1st Ex
A district may acquire, construct, own, operate, control, or use, 101
within or without Or partly within and partly without the district, (S 19561921 ch 1, §n 19 3 ch 2067 coded us sSuits 19 7 ch 19332ch 999 §4 p 2562, Stars L941 ch
works for supplying its inhabitants with light, water, power, heat, ')Stan;§ 1 p z773
transportation, telephone service, or other means of communication, 79 § I nl References:
or means for the disposition of garbage, sewage, or refuse matter, andCal Jur R Parks. playgrounds,and Re reation Districts §8.
may do all things necessary or convenient to the full exercise of the Attorney General's Opinions:
powers granted in this article.
Added Suits 1986 ch 195 § 133.
�and�operate tt translator television installation)-
district to acquires construct, own.
Former Sections: Former § 16461, similar to the present section, was added by Sons 1953 ch
72§2 and repealed by Suits 1983 ch 256 § 105. § 16463.5. Authority t0 exercise power of fire protection district,
Historical Derivation: Exception and duties
(a)Former Pub Con C §20202.3. as added by scats 1983 ch 256 §83. (a) A district may exercise any of the powers, functions,
(b)Former Pub Util C§ 16461, as added by Seats 1953 ch 72 §2.
or im osed upon, a fire protection district
pursuant to the Fire Protection District Law of 1987, Part 3 (com-
(c)Suits p 27 ch 560§JO p 918, as amended by Slats 1933 ch 999 §4 p 2562. Suu 1941 ch which are vested in, P
1079 § [ p 2773.
Colateral References: mentng with Section 13800) of Division 12 of the Health and Safety
Code. part of a local agency which provides
tan Review AMCIes: (b) If the district includes any p
Acquisition of right m use water previously used. 45 Cal LR 595. flfC rotation service to any territory in the district, the distnct shal
Attorney Op G Ally
Gen
Opinions: P
ao rips cnc Gen 25 (authority of public utility district to acquire, conswct, awn have no authority regarding the prevention and suppression of fires m
and operate translator television installation).
378
1 UNCTIONS
DISTRICT POWERS, F §46467.1
§ 16463.5 PUBLIC UTILITY DISTRICT ACT
Former Sections: Form<r § 16366, similar to the present section, was added by Stars 1953 ch
that territory, unless the district has obtained the consent of the local 72 §2 and repealed by Stars 1983 ch 256 § 109.
agency.
Historical Derivation:
Added Slats 1908 ch 249 § L Amended Slats 1987 ch 1013 § 16,
(a) Former Pub Con C §20203.3, as added by Slats 1983 ch 256 §83.
Amendments: (b)Former Pub ijul C § 16466, as added by Slats 1953 ch 72 §2. 4 562, Slats 1941 ch
1987 Amendment: (1) Substituted "1987, Pan 3 (commencing with Section 13800)" (c)suns 1921 ch 560 § 30 p 918, as amcnded by Slats 1933 ch 999 § p 2
for "1961. Pan 2.7 (commencing with Section 13801)" in sued (a); and (2) 1079 § I p 2773,
amended subd (b) by (a) deleting "city, fire protection district, or other'* before
"local agency"; and (b)substituting "regarding the prevention and suppression of
fires in that territory. unless the district has obtmned the consent or the local gg 16467. Revenue-producing utilities; Expenses to be paid
agency" for "pursuant to this section regarding the prevention and suppression of 7
fires in such territories, unless such district has obtained the consent of such city, ! Only revenue producing utilities shall be acquired, owned, or operated
fire protection district, or other local agency' at me end. by a district. So far as possible the board shall fix such charges for
commodities or service furnished by any revenue producing utility as
§ 16464. Construction along streets and land will pay all of the expenses of the government of the district, or such
A district may Construct works across or along any street or public portion as the board determines justly apportionable to such utility.
highway, or over any land which is the property of the state, and has The expenses to be paid include:
the same rights and privileges appertaining thereto as are granted to (a) Salaries, office expenses, and other necessary disbursements.
cities within the state. (b) The operating expenses of the utility.
Added Stets 1986 ch 195 § 135, (c) The interest on any indebtedness incurred for the acquisition,
Former Sections: Former § 16464, similar to the present section, was added by Stars 1953 ch construction, and completion of the utility.
72 §2 and repealed by Slats 1983 ch 256 § 107, (d) Provisions for a sinking or other appropriate fund for the payment
Historical Derivation: of the principal of such debt as it becomes due.
(a) Former Pub Con C§20203.1, m added by Stars 1983 ch 256 §83.
(e) Provisions for an appropriate fund for repairs, replacements, an
m
(b) Former Pub Util C§ 16464. m added by Slats 1953 all 72 §2. betterments. all Of such charges
(c)Sun 1921 ch 560§30 p 918, as amended by Stars 1933 ch 999 §4 p 2562, Stars 1941 ch It is the intention of this section that a district pay
1019 § I p 2773. erest and
and expenditures and the district from that opeal �ation f its dobtits from
public
Crops References: I revenues derived by a district
worts on highway devoted to public use:Gov C §61625.
utilities, and that each public utility owned and operated y
shall be self-sustaining.
§ 16465. Construction of works across stream or watercourse Added Stars 1953 all 72 §2.
A district may construct its works across any stream of water or
Ftlatorial Derivation: Scats 1921 ch 560 §38 p 925, as amended by Slats 1933 ch 999 §8 P
watercourse. 2569.
Added Suss 1986 ch 195 § 136. Crtrea References:
Fortier Se m
cdotu: Fortner § 16465, similar to the present section. was added by Slats 1953 ch Neglect or refusal to comply with statutory provisions: Pub Util C § 16042.
m
72 §2 and repealed by Slats 1983 ch 256 § 108, Collateral References:
Historical Derivation: Cal fur 3d Public Utilun5 §§ 133. 135.
(a)Fortner Pub Con C §20203.2,as added by Slats 1993 ch 256 §83. Attorney' General's Opinions:Ops Ally Gen 25 (ope ration by public utility district of translator tckviston
(b)Former Pub Util C § 16365,as added by Scats 1953 ch 72 §2, 40 installation other tt,an at a profit).
(a)Slats 1921 ch 560 §30 p 918, as amended by Slats 1933 ch 999 §4 p 2562, Stars 1941 ch 1079 § I p 2773. Ann orations: ublic utility as pan of operating expense. 59 ALR3d
Charitable contributions by p
941.
§ 16466. Duty to restore street or highway
1 16467.1. Facilities not operated on revenue producing basis
A district using a street or highway shall restore it to its former state
as nearly as possible and shall not unnecessarily impair its usefulness. + Notwithstanding the provisions of Section 16467 of this code, fire
Added Slats 1986 ch 195 § 137. 381
380
s
§ 16467.1 PUBLIC UTILITY DISTRICT ACT
DISTRICT POWERS, FUNCTIONS § 16470
Amendments:
departments, street lighting systems, public parks, public playgrounds, 1985 Amendment: (1) Added subdivision designation (a): (2) amended sand (a) by
public swimming pools, public recreation buildings, buildings used for a) adding "Except az provided in subdivision (b),"; (b) deleting the comma after
a public purpose, and works to provide for the drainage of roads, -was used'; and(c) substituting "the" for "such" after "the [stud' and after "the
streets, and public places, including, but not limited to, curbs, gutters, date"; and(3)added subd (b)
sidewalks, and pavement of streets need not be operated on a self- Ithdorical Derivation: Stau 1921 ch 560 §38.1 1st par. 2d sent, as added by Stan 1941 ch
sustaining, revenue-producing basis. Revenue to defray the cost of 1252 §2 p 3138.
acquiring, constructing, installing, maintaining, improving, and oper-
ating such utilities and to pay the principal and interest and to create Ctoss References;Re 2114 10016
covery of arrearaga from subsequent tenant Pub Util C §§
reserve and sinking funds on any indebtedness incurred in connection 12811 5
therewith, may be raised in any manner authorized by this division.
Added by Stars 1953 ch 1852 §2. Amended Stan 1st Ex Sets 1956 ch 13 §2, cdective April Collateral References:
13, 1956; Starts 1967 ch 226§2. Miller& Starr,Cal Real Estate 2d §8:138.
Amendments: NOTES OF DECISIONS
1956 Amendment Amended the first sentence by deleting (1) "and" after Titre.
ation buildings'; and(2) "and works to provide for the drainage of roads, streets, .
and public places, including, but not limited to, curbs, gutters, sidewalks, and 1n an action by a county to enjoin a public utility added to and become pan of edit annual Utility
pavemtnl of 5[reeu"before"need not be" dutnel from discontinuing sewage wrote to a district tax assessment levied upon the land upon
1%7 Amendment;Added"street fighting systems," after"fire departments.". mobilnome park due in delinquent and unpaid which the commodity or scrviu was used, and
aerviu charges for1978 and 1979. in which the not-olorandmg the lien otherwise crewed by Pub.
Collateral References: rogcrty had need cntumbncd in 1974 with a Uld,Cedt, §16470, providing that charges added
Cal fur 3d Public Utilities §§ 133, 135. do d of drum to secure an indebtedness m, and in to an assessment are a Grn upon the Innd, such
which the property bad later been purchased at a dclinqucnm. were within the exttptian to
naattt's sale in 1979 and conveyed m those who 116470, which provides that the lied which would
§ 16468. Advance payment for commodities or services became ildcrvrners to We wunty's action,the trial pnc�cots be imposed dot not attach to such
mtervevers property where a hm
1 court properly granted relief In the tested and amchd poor to
of a bona fide encumbrancer
Charges fixed by the board for commodities or services furnished may ,putting "de in the properly as against the utility for value has been aw
be made payable in advance. district and d"nng void the delinquent service the date for whim Elie first msullmcnt of such
charges as they appeared on the secured tax rotes, char&. became delinquent. Tom. due to the lice
Added Stats 1953 eh 72 §2. aina the delinquedt service charges did not consul- of Elie encumbrance cnnud . the 1974. dead or
Historical Derirathm: Start 1921 ch 560 §38.1 Ist par, In sent, as added by Suits 1941 ch tote a hen that attached to the progeny w as to trust no Iirn attached to the progeny disc st Inc
1252 §2 p 3138 delinquency and thus the inmrvrnm' acgwnuon
' rntide such to priority over the preexisting mort-
gage n., in accordance with Rcv. 6. Tax. Code, from the purchaser at the foreclosure sale was free
I §2192.1, nor could such be considered a red rentand clear of liability for such accrued service
§ 16469. Unpaid charges as part of annual assessment; Unpaid ' property ax on a pub c mprov mend eysbe ami- charge dclinqurncue. County of Butte v North
charges by tenants t within the meaning of §2192,1, so ss to I mu- Burbank Public Utility Dist. (1981. 3d oil,) 124
led to priority. Notwithstanding Pub. Util Code. Cal App 3d 342, 177 Cal Rpu 282.
(a) Except as provided in subdivision (b), charges unpaid at the time §16469, pro„ding that unpaid charges mar n
specified for the fixing of the rate of taxes may be added to and
become part of the annual assessment levied upon the land upon 164�0. Lien for added charges
which the commodity or service was used if the property is owned, §
controlled, or in the possession of the same person who owned, j Charges added to an assessment are alien on the land, except that if,
controlled, or was in possession of it during the time the service i during the year preceding the date on which the r on l the nroll,
charges were incurred or if the only transfers made of the property i real property taxes which evidence the chargesttach appears
since the date the charges were incurred have been transfers by gift, any
onperty to which such lien vey d to a bona fide purchaser or value, orsif ae lien rofsa
descent, bequest, or devise.
(b) No district furnishing water for residential use to a tenant shall bona fide encumbrancer for value has been created and attaches
seek to recover any charges or penalties for the furnishing of water to I thereon, then the lien which would otherwise be imposed by this
or for the tenant's residential use from any subsequent tenant on section shall not attach to such property and the district shall within
three years after the amount is due file for record in the office of any
account of nonpayment of charges by a previous tenant. The district county recorder a certificate specifying the amount, interest, and
may, however, require that service to subsequent tenants be furnished ! penalty due, the name and address as it appears on the records of the
on the account of the landlord or property owner, i district of the person liable for the same, and the fact that the district
Added Seats 1953 eh 72 §2. Amended Seats 1985 eh 1251 §5. j 383
382 }I
T
§ 16470 PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS, FUNCTIONS §16472.1
has complied with all provisions of this part in the determination of charges b name delinquent Thus due to the lien and dear of Iisbility for such accrued service
required to beaid. From the time of recordation of the
the amount re of m an
e encumbrance cleared in me 1974. deed of charge deinquenucs. Count of finite • Nonb
9 P tr .. no lien artw<hed to the proPeny' due to the aurbank Public Utility Dist. (1981. ]d Din 124
certificate, the amount required to be paid together with interest and delinquency and thus the imervenea acgnlsinon Cal App 3d 342, y77 Ca art, 282
penalty constitutes a lien upon all real property in the county owned from the purchaser at the foreclosure We was free
by the person or afterwards and before the lien expires acquired by
him. The lien has the force, effect, and priority of a judgment lien and § 16471. Unpaid charges added to assessment payable in installments
shall continue for 10 years from the time of the filing of the certificate If the assessment is divided and made payable in two installments, the
unless sooner released or otherwise discharged. The lien may, within es may be added to and become a pan of the first
unpaid charges 10 years from the date of the filing of the certificate or within 10 installment rg the assessment.
years from the date of the last extension of the lien in the manner
herein provided, be extended by filing for record a new certificate in Added Stars 1953 ch 72 §2
the office of the county recorder of any county and from the time of Historical Derivation: Stars 1921 ch 560 §38.1 1st par, 2d s°fit, ss ached by Star, 1941 oh
such filing the lien shall be extended to the real property in such 1252 §2 p 3138
county for 10 years unless sooner released or otherwise discharged.
16472. Charges included in tax rate statement to county auditor
Added stars 1953 ch 72 §2. Amender Scats 1975 ch 911 §4; Stars 1982 en u37 §z. When the board declares that charges are to be added to the annual
Amendments: assessment and the district is availing itself of assessments made by
1975 Amendment Added (1) all that pan after "on the land" in the first sentence; the assessor of any county in which the district b situated, the board
and(2)the second, third,and fourth sentences.
1982 Amendment Amended the first sentence by (1) adding ", during the year Shall include m the Statement Of the tax [eCe a be transmitted be levi to the
preceding the date on which the first installment of real property taxes which county auditor the amount of each of the charges e be levied, and
evidence the charge appears on the roll,"; and(2)deleting "prior to the date for I the auditor shall make the charges a part of the assessment in
which the first installmcm of such charges would become delinquent," after accordance with the statement.
"created and attache thereon,
Added Stas 1953 ch 72 §2.
Historical Derivation: Saes 1921 ch 560 §37.1 ist par, 2d sent, as added by Stan 1941 ch p
1252 §2 p 3138. }dlatorieal Derivation: Stan 1921 ch 560 § 38.1 2d fir, as added by Stas 194i ch 1252 p
3138.
Note--Stars 1975 ch 911 also provides:
SEC. 9. The provisions of this act shall apply to the transfer or conveyance of real
2.1. Lien for delinquent water charges
property made or on after.January t, 1976, § 1647
couatant References: a) Notwithstanding Sections 16469 to 16472, inclusive, and as an
within Summary (9th call Security Traruactions in Rml Property §48, alternative to the procedures specified in those sections, a charges
may
Miller s Starr, Cal Real Estate 2d §8:13a. provide by resolution or ordinance that delinquent water charges and
NOTES of Dsets[olvs interest and penalties thereon constitute a lie❑ on the real property
served to the extent that the property is owned by the person or
entityreceiving the service, when a certificate is recorded pursuant to
1, an action by a county m wjow a public utility §2192.I, nor uvula an<h be wnsiacred . real this section, which shall continue in effect until the amount of
district from discontinuing sewage service to a propeny tan on a public improvement assessment and penalties are paid or the property is sold Co
m.enihomc park due m delinquent and unpaid within the meaning of §2192,1, so as to be cmi- ; charges, interest, P
satisfy the charges, interest, and penalties. No lien may be create
service charges for1978 and 1979, in which the Jed to priority Notwimssanding Pub. Util. Code. �
property' had been encumbered in 1974 mu a §16469. providing that unpaid charges may be y
dad of east to secure an indebtedness. and in added to and ts«omc pan of the annual utility j under this section on any publicly owned property.
which the property had later ban putehmisd at a des nct ta. assessment levied upon the w,d upon p lien pursuant to this section attaches when the district files for
trusts sale to 1979 and conveyed to those who which the commodity or service was used, and record in the office of the county recorder a certificate specifying the
became interveners to the county's action,the trial notwithstanding the lien otherwise created by Pub.
amount of charges, interest, and penalties due; the name ce the owner
watt properly Granted relief to the interveners Util.Ccde, §16470, providing that charge added g p g
quieting tide in the property- agaitsst the Utility to an assessment are a lien upon the land, such of record of the property who received the water service; the legal
district and declaring void the delinquent service delinquencies were within the exception m
charges as they appu description of the ro arty served; and the fact that the district has
red on the secured tax tolls. §16470, which provides that the lien which would complied with all propisions r this part in the determination of the
since the delinquent service charges did not wnsti- otherwise be imposed dots not attach to such
rum a hen mess attached to the property so u m property where.lien of a bon.fide encumbrancer j charges, nearest, and penalties due. From the time of recordation of
anida such to Priority over the praxisung men- for value has been created and attached prior to { the certificate, the charges, interest, and penalties constitute a lien on
gage lien in accordance with Rev. & Tax. Code, the date for which the first installment of such 385
384
t
DISTRICT POWERS, FUNCTIONS § 16475
§ 16472.1 PUBLIC UTILITY DISTRICT ACT
Collateral References:
the property. Within 30 days of receipt of payment of all costs Cal Jut 3d Public UbluM § 133,
specified in subdivision (a), or within 30 days of a demand by an
escrow agent in the event of a voluntary sale, the district shall record 16474, Use of surplus facilities to supply public utility services
in the office of the county recorder a release of the lien created by this §
section. outside district
Whenever any of the facilities, works, or utilities of all or part of a
(c) The county recorder shall charge the district the fees specified in district is not used or employed to its fullest capacity for the benefit
Sections 27361 and 27361.4 of the Government Code for recording
or requirements of the district or its inhabitants, the district may
any certificate pursuant to subdivision (b), which certificate shall be employ such surplus facilities to supply any of its public utility
indexed to the name of the property owner as grantor and the district services outside the boundaries of the district upon such terms and
as grantee. conditions and under such agreement as its board determines is for
(d) This section is in addition to any other remedies available to a the best interests of the district. Any public utility service supplied by
district. a district outside its boundaries shall not exceed in amount the same
Added Stars 1985 ch 479 § 1. Amended Stan 1989 ch 1217 sec 5. type of public utility service supplied by the district within its
boundaries.
Amendments: Added Stars 1953 ch 72 §2.
1989 Amendment:(1)added"to the extent that the property is owned by the person 1listorical Derivnom Slats 1921 ch 560 §30 5th par 3d sent p gig, as amended by Slats
or entity receiving the service,' after "real property served" in subd (a); (2) 1933 ch 999 §4 p 2562,Stars 1941 ch 1079 § 1 p 2773.
substituted ''; the legal description of the property served for "who received the
water service; the legal description of the property served" after"of the property" Cross References:
in subd (b); and(3)added ", which certificate shall be indexed to the name of the Contract under §16873 not subject to limitations of this section: Pub Util
property owner as grantor and the district as grantee" after "to subdivision (b)" i § 16979.
in subd(c). Collateral References:
Cad]or 3d Public Utilities § 133.
§ 16472.5. Enforcement; Injunctions Fixing of
16475. Water standby or immediate availability charge; g
In order to enforce the provisions of any ordinance of the district, charges; Exemption; Use of funds
including an ordinance fixing charges for the furnishing of commodi- Public utility district which acquires, constructs, owns, operates,
ties or services, the district may correct any violation of an ordinance (a) A P y its inhabitants with water, may
of the district. The district may also petition the superior court for controls or uses works for supplying
Chapter 4, Division 7 of the Public Utilities Code, for a water
the issuance of a preliminary or permanent injunction, or both, as fix and collect charges in the manner provided in Articles 3 and ,
may be appropriate, restraining any person from the continued standby or immediate availability charge on all land within its
violation of any ordinance of the district or for the issuance of an boundaries to which water is made available for any purpose by the
order stopping or disconnecting a service if the charges for that or ch service are unpaid at the time specified in the ordinance. district, whether water is
to lands permanently dedicatedcept that so
exxcl exclusively to
charge shall not apply P
Added Stan 1984 ch 561 § 1. transportation of persons Or property.
(b) The board of directors of the district
which fixes such a n different months age
§ 16473. Sale of surplus utilities may different
schedules varying g
in different localities within a public utility district put,
the co upon
Whenever there is a surplus of available water, light, beat, or power factors such as the uses to which the land is p
above that which is required by the inhabitants or municipalities transporting the water to the land, the degree of availability or
within the district, the district may sell or otherwise dispose of such uantity of use of such water to the affected lands. The board may
surplus outside of the district to persons, firms, and public or private not, however, fix an annual charge in excess of ten dollars (S1O) Per
cel of less than one acre.
corporations. acre or in excess of five dollars (55) for a par
Added SUB 1953 ch 72 §2. 0 (c) If a person for more than one year obtains substantially all of his
Historical Deris¢tion: Stan 1921 ch 560 §30 5th par 2d sent p 918, as amended by Stars water requirements for the contiguous parcels of land which he
1933 ch 999 §4 p 2562,Stan 1941 ch 1079 § 1 p 2773. 387
396
IDISTRICT POWERS, FUNCTIONS § 16478
§ 16475 PUBLIC UTILITY DISTRICT ACT s
brook Public Utility District may fix and collect an annual water
occupies from rainfall, springs, streams, lakes, rivers or wells, and if i standby or immediate availability charge not to exceed thirty dollars
the person's primary economic activity on such land is the commer- (530) per acre or any parcel of less than one acre.
cial extraction or processing of minerals, such land shall be exempt The Legislature hereby finds and declares that this section, applicable
from any water standby or availability charges.
e of
(d) Any funds derived from the charges levied pursuant to this section the y unique to the and special lbrook bwater ttmanagement 1problemsrywithin becansthat
may be used by the district for all purposes which a public utility district.
district is authorized to expend funds insofar as said purposes relate Added Slats 1985 ch 125 § I.
to the acquisition, construction, operation, control or use of works for Former Sections: Forma § 16477, similar to present § 16486, was added by Slats 1973 ch
m supplying its inhabitants with water. 223 §2,effece July 12, 1973, and repealed by Slats 1981 ch 852 §3.
Added Stars 1969 ch 377 § 1,eaective July 3, 1969. Editor's Not,71'Inre were two other sections of this number. Section 16477 as
added Slats 1973 ch 301 § 1, amended Sta¢ 1975 ch 263 § I, effective July 11.
1975, was renumbered § 16478 Suits194 as 6c 1079 §67;d§ 164477 s aadded
Slats
§ 16476. Charges for Tahoe City public utility district; Charges for 1974 ch 194 §5, effective April 30, 19
6 ch
South Tahoe public utility district 1079 §68.
Notwithstanding subdivision (b) of Section 16475, the Board of
Directors of the Tahoe City Public Utility District, the Board of § 16478. Annual charge for sewage service for Tahoe City Public
Directors of the North Tahoe Public Utility District, and the Board Utility District, South Tahoe Public Utility District, and North
of Directors of the South Tahoe Public Utility District shall all have Tahoe Public Utility District
the authority, until July 1, 1984, to fix, for each fiscal year, such The Board of Directors of the Tahoe City Public Utility District, the
water standby or immediate availability charges at not to exceed Board of Directors of the South Tahoe Public Utility District, and the
twenty dollars ($20) per acre or any parcel of less than one acre; Board of Directors of the North Tahoe Public Utility District shall
provided, that any funds derived from a charge in excess of the each have the authority to fix and collect an annual standby charge
maximum amount authorized by subdivision (b) of Section 16475 for sewage service on all lands within the district under its lurisdic-
shall only be used to pay for the acquisition of nonpublic domestic tion, in such amount as the board shall specify, provided that such
water supply systems, and the maintenance and operation of domestic standby charge for sewage service shall not exceed ten dollars (SIO)
water supply systems owned by the respective districts on January 1, per acre for parcels in excess of one acre or twenty dollars ($20) per
1976, or acquired on or after such date. parcel for parcels less than one acre.
This section, applicable only to the Tahoe City Public Utility District, 'ne st,only aferga public hearing thereon. in the rized by this section aev nt that the
the North Tahoe Public Utility District, and the South Tahoe Public illitiallboard of directors proposes to impose such a standby charge, they
Utility District, is necessary because of the unique and special water
management problems of those areas of the Lake Tahoe Basin. shall call a public hearing er the proposal and shall give nonce
Added Stars 1970 ch 1159 § 1.3. Amended Suits; 1974 ch 191 § 1;Stars 1975 ch 124 § 1;slats thereof as provided in Government Code Section requirement
Such a
1978 ch 191 § 1. charge may bdthat in sabhearing sequent shall bettrequired in year on
a hearing, provided
Amendments: which the board of directors proposes to all the rate of such charge.
1974 Amendment: (1) Amended the first paragraph by (a) adding ", the Board of The Legislature hereby finds and declares that this section, applicable
Directors of the North Tahoe Public UtilityDistrict,'; (b) substitutingall" for
"both" after"District shah".(c)substitutin "I979" for"1975";(d) adding ", for only to the Tahoe Cit Public Utility District, the South Tahoe Public
each fiscal year,"; and (e) deleting "in existence on July 1, 1970" after "Supply Utility District, and y the North Tahoe Public Utility District is
systems'; and (2) added ", the North Tahoe Public Utility District," in thenecessary because of the unique and special water management,
second paragraph. ollution, and sewage disposal problems of the Lake Tahoe Basin.
1975 Amearbatm: Amended the first paragraph by (1) adding the comma after "; p
Provided"; and(2)adding all that pan after "water supply systems" the first time Added
975 Rcuurs 1973 ch mbcred Stau 301
I976 ch1079 §767Amended Stars 1975 ch 263 § 1, effective luly
it appears.
1978 Amendment: Substituted "July I, 1984" for "July I, 1979" in the first
paragraph. A 1975 Amendment:
the Board of Directors of the South Tahoe Public
19U Amendment. Added (t) ", the second
Utility District;' before "and the Board" in the first paragraph.
"and the
§ 16477. Charge for Fallbrook Public Utility District paragraph; and O) ". the South Tahoe Public Utility District,
North- in the third paragraph.
Notwithstanding Section 16475, the Board of Directors of the Fall- 389
388
§ 16481.1 PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS, FUNCTIONS § 16481.1
periodic payment each payment period all reasonable charges paid to (3) Reasonable attorney's fees of the corporation incurred in the
the district for those services during the preceding payment period. enforcement of this section or in the collection of delinquent charges,
(e) Whenever a district furnishes residential service subject to subdivi- including, but not limited to, enforcement of a lien.
sion (a), the district may not terminate that service in any of the If the court finds that the owner, manager, or operator has paid the
following situations: amount in arrears prior to termination, the court shall allow no
(1) During the pendency of an investigation by the district of a recovery of any charges, costs, damages, expenses, or fees under this
customer dispute or complaint. subdivision from the owner, manager, or operator.
An abstract of any money judgment entered pursuant to subdivision
for payment of a bill. (� or (B)When the customer has been granted an extension of [he period shall be recorded pursuant to Section 697.310 of the Code of
For
agency
Civil Procedure.
For an indebtedness owed by the customer to any other public No termination of service subject to this section may be effected
agency or when the obligation represented by the delinquent account without compliance with this section, and any service wrongfully
the
other indebtedness was incurred with any public agency other than g
the district. terminated shall be restored without charge to the residential occu-
pants or customer for the restoration of the service. In the event of a
(4) When a delinquent account relates to another property owned, wrongful termination by the district, the district shall, in addition, be
managed, or operated by the customer. liable to the residential occupants or customer for actual damages
(5) When a public health or building officer certifies that termination resulting from the termination and for the costs of enforcement of this
would result in a significant threat to the health or safety of the section, including, but not limited to, reasonable attorney's fees, if the
residential occupants or the public. residential occupants or the representative of the residential occupants
(f) Notwithstanding any other provision of law, and in addition to make a good faith effort to have the service continued without
any other remedy provided by law, if the owner, operator, or interruption.
manager, by any act or omission, directs, permits, or fails to prevent a (i) The district shall adopt rules and regulations necessary to ccom-
-
this section to accom
termination of service while any residential unit is occupied, the ment this section and shall liberally construe
residential occupant or the representative of the residential occupants plish its purpose of ensuring that service to the residential occupants
may commence an action for the recovery of all of the following: is not terminated due to nonpayment by the customer unless the
(1) Reasonable costs and expenses incurred by the residential occu- district has made every reasonable effort to continue service to the
re occupants residential occupants. The rules and regulations shall include, but are
pant or the representative of the residential p ants related to not limited to, guidelines for assistance to actual users in the enforce-
restoration of service.
ment of this section and requirements for the notice prescribed by
(2) Actual damages related to the termination of service. subdivision (a), including, but not limited to, clear wording, large and
(3) Reasonable attorney's fees of the residential occupants, the repre- bold face type, and comprehensive instructions to ensure full nonce to
sentative of the residential occupants, or each of them, incurred in the the actual users.
enforcement of this section, including, but not limited to, enforcement 0) Nothing in this section broadens or restricts 1989 authorityadoptfan
of a lien. local agency that existed prior to January
(g) Notwithstanding any other provision of law, and in addition to ordinance protecting a residential occupant from the involuntary
any other remedy provided by law, if the owner, manager, or termination of residential public utility service. unitive
operator, by any act or omission, directs, permits, or fails to prevent a (k) This section preempts any statute or ordinance permitting p
termination of service while any residential unit receiving that service damages against any owner, manager, or operator on account of an
is occupied, the corporation may commence an action for the recov- involuntary termination of public utility service or permitting the
ery of all of the following: recovery of costs associated with the formation, maintenance, and
ciation.
termination of a tenant's asso
(I) Delinquent charges accruing prior to the expiration of the notice purposes of this section, "representative of the residential
�)
prescribed by subdivision (a). For pu rp
ants" does not include a tenants' association.
(2) Reasonable costs incurred by the corporation related to the occupants"
restoration of service. Added Suu 1985 ch 1533 me 8. 395
394
§ 16481.6 PUBLIC UTILITY DISTRICT ACT
§ 16482.1
DISTRICT POWERS, FUNCTIONS
the board is not
§ 16481.6. Creditworthiness as basis for requiring deposit subsequent appeal of the dispute or complaint to
The decision of a district to require a new residential applicant to 1 subject to this section.
deposit a sum of moneywith the district prior to establishingan e Any customer meeting the requirements of paragraph (3) of
account and furnishing service shall be based solely upon the credit over a
dit subdivision (b) shall, upon request, be permitted to amortize,
worthiness of the applicant as determined by the district. period not to exceed 12 months, the unpaid balance cowl any
the
Added Stats 1989 ch 1066 sec 6. asserted to be beyond the means of the customer to pay
Note--For legislative findings and declarations, see the 1989 note following Pub normal period for payment. Sum L985 ch 888 § l3.
Util C§761.5. Added Stats 1977 ch 1027 §7. Amended Stars 1984 ch 561 §2;
Amendments:
§ 16482. Limitation on termination of services 1984 Amendment;In addition to making technical changes.(1)amended subd ()by
power. bat,
(a) substitutingdistrict furnishing its inhabitants with light, water,may
(a) No district furnishing its inhabitants with light, water, power, or mews for he disposition of garbage, sewage, or refuse matter Y di terminate
heat, or means for the disposition of garbage, sewage, or refuse matter residential service' for "electrical, gas, beat, or water public unlit d stntt may
may terminate residential service for nonpayment of a delinquent terminate Its (3)utrvuxdel to a he provisions
dwelling"; and b) deleting " . in subd after
"seven'"; and(3)deleted"the Provisions or'after"accordance with" in subd (d).
account unless the district first gives notice of the delinquency and 1985 Amendment:substituted the action for the former section which read:
n No district furnishing its inhabitants with light, water, power, heat, or means
impending termination, as provided in Section 16482.1. O g
for the disposition of garbage, uwage, or refuse matter may terminate residerituil
(b) No district shall terminate residential service for nonpayment in service on account of nonpayment of a delinquent account unless he district firs[
any of the following situations: gives notice of the delinquency and impending termination, at least Seen days
(1) During the pendency of an investigation by the district of a prior to the proposed termination,by 6 so-clas ma l addrascd m the nonpayment
to
whom the service is billed.
customer dispute or complaint. ••(b) No such district shall terminate service to any residence for nonpayment
pa When a customer has been granted an extension of the period for
during the prndcacy of an investigation by the district of a customer dispute or
payment of a bill. C) A y c
p yin "(c) Any customer who has initiated a complaint or requested an investigation
(3) On the certification of a licensed physician and surgeon that to do w tt n five ets of r for eceiving°of the mpliant orunder investigationsby re shall mgiven
so will be fife threatening to the customer and the customer is of theopportunity
an of the district The renew shall include wnsider,ti,n of whether the customer
financially unable to pay for service within the normal payment shall be Pertained to amort c the unpaid ba on« or the account oo��tt
period and is willing to enter into an amortization agreement with the r<as°plying with�en°=On. tftm me. No a Xeeem<°to if the cuO(Ancr be ect"keepsthe account
Period-
district pursuant to subdivision (e) with respect to all charges that the coin plyingurn[billing isnod.
p for uttbry service cu rnt as charges acerue in each subsea
customer is unable to pay prior to delinquency. ••(d) If a customer fads to comply with an amot[izadon agrxment, me district shah
not terminate service without givui6 notice to [he customer, in accordance with
(e) Any residential customer who has initiated a complaint or re- subd vi:ion (a), of the conditions the customer must meet to avoid tc m nation,
quested act investigation within five days of receiving the contested but this notice shall not rntidc the customer [o further mvaugation by the
bill, or who has, within 13 days of mailing of the notice required by district."
subdivision (a), made a request for extension of the payment period of Note—Sec the 1985 note following § 16481.
a bill asserted to be beyond the means of the customer to pay in full Comteral Reterene<a:
during the normal period for payment, shall be given an opportunity Law Review Articles:
for review of the complaint, investigation, or request by a review Review of Selected 1977 Coleco ma Legislation. 9 Pacific U 416.
manager of the district. The review shall include consideration of
whether the customer shall be permitted to amortize the unpaid
balance of the account over a reasonable period of time, not to exceed § 16482.1. Termination procedure; Notiwater, or power, or means for
12 months. No termination of service shall be effected for any (a) No district furnishing light, heat,r refuse mter, may terminate
customer complying with an amortization agreement if the customer the disposition of garbage sewage, of a
also keeps the account current as charges accrue in each subsequent residential
he district 5rs service on tgioves not eunt of oof nonpayment
and impending
billing period. y p osed termination, by
(d) Any customer whose complaint or request for an investigation termination, at least 10 days
s 8°C torothe customer to whom
pursuant to subdivision (c) has resulted in an adverse determination means of a notice mailed, costa e prepaid,
by the district may appeal the determination to the board. Any the service is billed, not earlier than 19 days from the date of mailing
396
§ 16482.1 PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS, FUNCTIONS § 16485
the district's bill for services, and the 10-day period shall not com- t All written notices shall be in a clear and legible format.
mence until five days after the mailing of the notice. (e) If a residential customer fails to comply with an amortization
(b) Every district shall make a reasonable, good faith effort to contact agreement, the district shall not terminate service without giving
an adult person residing at the premises of the customer by telephone notice to the customer at least 48 hours prior to termination of the
or personal contact, at least 48 hours prior to any termination of conditions the customer is required to meet to avoid termination, but
service, except that, whenever telephone or personal contact cannot be this notice does not entitle the customer to further investigation by
accomplished, the district shall give, by mail, in person, or by posting the district.
in a conspicuous location at the premises, a notice of termination of (f) No termination of service may be effected without compliance
service, at least 48 hours prior to termination. with this section. Any service wrongfully terminated shall be restored
w) Everyho are 65dyearsistrictofage orkolder,rlorr who arerdepend dependent adultseas thereof shallrbe mailed to the customerfat his or her the service' an
address-on
defined in paragraph (1) of subdivision (b) of Section 15610 of the Added Scats 1985 ch 888 § 14. Amended Scats 1986 ch 479 §4, ch 1396 §7; Stan 1987 ch
Welfare and Institutions Code, a third-party notification service, 614 §4.
whereby the district will attempt to notify a person designated by the
customer to receive notification when the customer's account is past Amendments' b substituting (a) .,attempt,, for ", good
due and subject to termination. The notification shall include informa- 1986 Am effoft" Ida) Amended subd ct, y
faith rouses;and n "personal contact, b leas[ it hours Prior to any termmauon
tion on what is required to prevent termination of service. The of service, except that, whenever telephone or personal contact <armot be
residential customer shall make a request for third-party notification coaaptcmhod,ns the distinct
tincn at teshalprem give, by
no[m c,oftter-mmanon orson, or fscrvi meat leaet
on a form provided by the district, and shall include the written ag hours Prior to a m. I ' for "in person at least 48 czpt thhm s�pnor to any
consent of the designated third party. The third-party notification termination of servic<'•; (2) added me comma after g the for 1
-1 and
does not obligate the third party to pay the overdue charges, nor shall (4j divided"as(a)otauo ntn roof hall be substituting
to tthcceotumer at his dor her
it prevent or delay termination of service. billing address'' at the end of the last sentence of subd (c). (As amended by Scats
(d) Every notice of termination of service pursuant to subdivision (a) 1986. ch 1396, compared to the section as it read prior to 1986. This section was
also amended by an earlier cha ter,ch 479. See Gov C§9605.)
shall include all of the following information: 1987 Amendment; (1)Added subd(c): and l2) redesignated fu m<r subds (n) - (e)1O
(1) The name and address of the customer whose account is delin- be subds(d) -(0.
quent, Note—See the 1985 note following § i6481.
(2) The amount of the delinquency.
(3) The date by which payment or arrangements for payment is § 16483. Prohibited cessation of services during non-business hours
eason
t for any electric, gas, heat,in order to avoid termination. No electrical, gas, heat, or water public utility district shall, or water
(4) The procedure by which the customer may initiate a complaint or of delinquency in aymen
request an investigation concerning service or charges, excepts that, if services, cause cessation of any such services on any Saturday,
the bill for service contains a description of that procedure, the notice Sunday, legal holiday, or at any time during which the business offices
pursuant to subdivision (a) is not required to contain that informa- of the district are not open to the public.
tion. Added Stars 1977 ch 1027 §8.
(5) The procedure by which the customer may request amortization CuRaurad References:
of the unpaid charges.
Law Review Articles:
(6) The procedure for the customer to obtain information on the Review of Solaced 1977 California Legislation, 9 Pacific U 416.
availability of financial assistance, including private, local, state, or
federal sources, if applicable. 1 charges
(7) The telephone number of a representative of the district who can § 16485. Collection of standby or immediate availability owns, operates,
provide additional 'information or institute arrangements for payment. (a) Aols lli usesttworrksrtfor suct pplying ch u)itss inhab tanks, constructs'with electricity,
Every notice of termination of service pursuant to subdivision (b) 8 with Section
shallinclude the items of information in paragraphs (1), (2), (3), (6), may fix collect charges in the manner provided in Article 3 (corn-
tion(7). mencing with Section 16461) and 3 Article 8 (commencing
ANNEXATION § 17365
§ 17361. "Annexing district"
As used in this article, "annexing district" means any public utility
district to which land is to be annexed.
Added Stats 1953 ch 72 §2.
§ 17362, Territory which may be annexed
Land not a part of and not contiguous to any district, containing at
ARTICLE 2 least 10 privately owned acres, and lying within the exterior bounda-
ries of any petitioning district, the nearest boundary of which is
Annexation of Noncontiguous Territory within three miles of the nearest boundary of the annexing district
[IDty District Act--Chapter e, Annexation-Article may be annexed to the annexing district in the manner provided in
[Division 7, Public U - ell ch 72 z.l-t this article or in the District Reorganization Act of 1965 (commenc-
2, Annexation of Noncontiguous Territory;Added A
ing at Section 56000, Government Code). When proceedings for such
annexation are taken pursuant to this article, only the provisions of
§ 17360. "Petitioning district" this article shall apply thereto.
§ 17361, "Annexing district" Added Stats 1953 ch 72 §2. Amended Scats 1965 ch 2043 §619,
§ 17362. Territory which may be annexed
§ 17363, Petition; Contents Amendments:
§ 17364. Address on petition; Filing 19d5 Amendment: Added all that part following 'this article" to the cad of the
§ 17365, Authorization by resolution; Filing of certified copy section.
§ 17366. Determination of terms and conditions of annexation Historical Deri.ath n: Scats 1921 ch 560 §51b 1st. 2d pan, as added by Swu 1933 ch 999
§ 17367. Specific terms and conditions § 14 p 2575, amended by Scam 1951 ch 1130§ I 2896.
§ 17368, Other terms and conditions
§ 17369. Effective date of terms and wnditions § 17363. Petition; Contents
§ 17370. Resolution; Contents
§ 17370.1.Filing certified copy following adoption The board of directors or other governing body of the petitioning
§ 17370.2. Proceedings following filing district may request by petition that lands lying within its boundaries
§ 17371. Publication of resolution; Notice of hearing and described in the petition be annexed to the annexing district upon
§ 17372. Time for hearing; Posting of notice and resolution such terms and conditions as are set forth in the petition.
§ 17373. Bearing; Procedures Added Stan 1953 ch 72 §2.
§ 17374. Protest of proposed annexation; Filing Historical Ded.stlon: Scats 1921 ch 560 §51b 2d par, Ist sent, as added by Stats 1933 ch
§ 17375. Bearing by board on protest; Notice 999 § 14 p 2575, amended by Stall 1951 ch 1130§ I p 2896.
§ 17376. Determination by board to exclude property
§ 17377. Failure to file protest
§ 17378. Resolution ordering and approving annexation § 17364. Address on petition; Filing
§ 17379. Contents of resolution and order The petition shall be addressed to the board of directors of the
§ 17380. Filings required following adoption of resolution; Effective date of annex- annexing district and filed with the secretary of the annexing district.
ation Added Stain 1953 ch 72 §2.
§ 17381. Effect on legal existence of public corporation or public agency t{latorleal Deritstion: Stars 1921 ch 560 §51b 2d par, 2d sent, as added by Stall 1933 ch
§ 17382. [Repealedl 999 § 14 p 2575, amended by Stall 1951 ch 1130§ I p 2896.
§ 17360. "Petitioning district" § 17365. Authorization by resolution; Filing of certified copy
As used in this article, "petitioning district" means any public utility The execution and filing of the petition by the petitioning district shall
district, water district, or irrigation district containing land which is be authorized by resolution of its board of directors and a certified
to be annexed to a public utility district. copy of the resolution shall be filed with the petition.
Added Stain 1953 eh 72 §2. in Added Sta 1953 eb 72 §2.
4t8 449
§ 17365 PUBLIC UTILITY DISTRICT ACT ANNEXATION § 17370.1
Historical Deri•a6on: Stan 1921 cb 560 §516 2d par, 3d sent, as added by Stau 1933 ch
999 § 14 p 2575,amended by Slats 1951 ch 1130§ I p 2896. annexing
authorities,any and all agencies, and districts of which the
annexing district may be a member.
(c) That the annexed territory may be required to waive and will not
§ 17366. Determination of terms and conditions of annexation; be entitled to receive, use, or participate in any services, commodities,
If the board of directors of the annexing district determines that the or property or some specific part thereof which may be owned by the
annexation of the territory will facilitate the acquisition, construction, annexing district, or to which it may be entitled.
completion, or operation of any public utilities works of the petition- (d) Any other terms and conditions authorized by the District
ing district, or the annexing district, and will not operate to the Reorganization Act of 1965 (commencing at Section 56000, Govern-
disadvantage of the annexing district, and that the territory proposed ment Code).
to be annexed will be benefited by the annexation, it shall determine Added Suts 1953 ch 72 §2. Amended Stars 1965 ch 2043 §620.
the terms and conditions upon which the annexation shall be made.
Added Stan 1953 ch 72 §2. Amendments:
1965 Amendment: Subsumed "authorized by the District Reorganisation Act of
Historical99 § 14Derivation: Sub 1Su ch 560 §113 2d par, 96.sent, as added by Sian 1913 ch 1965 (commencing at Section 56000, Government Code)' for "which the board
999 § 14 p 2575, amended by Scats 1951 ch I1J0§ 1 p 2896.
ofdirectors of either of the districts deems just" in subd(d).
Hiamricai Derintioo: Stan 1921 ch 560 §51b 2d par, 6th sent, as added by Stau 1933 ch
§ 17367. Specific terms and conditions 999 § 14 p 2575, amended by Stan 1951 ch 1130§ 1 p 2896.
In the terms and conditions, the board may provide for any of the
following: § 17369. Effective date of terms and conditions
(a) That the territory to be annexed shall not become liable by The terms and conditions shall become effective and binding upon the
assessment or otherwise (1) for any of the outstanding obligations of annexing district and upon the territory to be annexed and the
the annexing district; (2) for any expense incurred in acquiring petitioning district when approved in the manner provided in this
property used or to be used for the servicing of any land within the article.
exterior boundaries of the annexing district as they then exist; (3) for Added Stag 1953 ch 72 §2,
any costs or charges incurred in connection with the replacement or Hiatoriai Deri"dom Stall 1921 eb 560 §51b 2d par, last sent, as added by Stars 1933 ch
construction of any utility system or for the delivery of any commod- 999 § 14 p 2575, amended by Stars 1951 ch 1130§ I p 2896.
ity or service within the annexing district.
(b) That the land to be annexed shall be subject to such assessments § 17370. Resolution; Contents
and charges as required to provide (1) for any utility system or
The resolution of the board of directors of the annexing district shall
property necessary to serve the annexed land; (2) for the costs of
maintaining, servicing, and operating properties. describe the territory proposed to be annexed and set forth the terms
p g such p p and conditions at length upon which the annexation is proposed to be
(c) That the liability of the land to be annexed may be limited solely made, and declare the board's intention of approving such annexation
to the fixing and collecting of charges for utilities or commodities upon the terms and conditions therein specified.
actually supplied to the petitioning district by the annexing district.
Added Stars 1953 ch 72 §2. Added Scats 1953 72 §2.
Historical Deri•aUm: Scats 1921 ch 560 §SIb 4th par, Ist scot, as added by Stan 1933 ch
Hbtorird Derivation: Stars 1921 ch 560 §51b 2d par, Sth sent, as added by Scats 1933 ch 999 § 14 p 2575, amended by Stars 1951 ch 1130§ I p 2896.
999 § 14 p 2575,amended by Slats 1931 ch 1130§ I p 2896.
§ 1736g. Other terms and conditions § 17370.1. Filing certified copy following adoption
After the board of directors of the annexing district shall have
The terms and conditions may also provide for any of the following: adopted a resolution declaring its intention of approving an annex-
(a) That any and all property, services, or commodities may be ation the secretary of such district shall file a certified copy of such
delivered directly to the petitioning district. resolution with the executive officer of the local agency formation
(b) That the annexation may be made contingent upon the annexing commission.
district obtaining the necessary approval for the annexing of such Added Suss 1965 ch 2043 §656.
450451
5
ANNEXATION § 17376
§17370-2 PUBLIC UTILITI' DISTRICT ACT
§ 17372. Time for hearing; Posting of notice and resolution
§ 17370.2. Proceedings following filing The time fixed for hearing shall not be less than 20 days nor more
After said resolution has been filed with the executive officer, proceed- than 60 days after the date of the first publication of the resolution,
ings thereon shall be taken by the local agency formation commission and the notice and resolution shall be posted in three public places to
in the manner and subject to the provisions of Part 4 (commencing at the territory proposed to be annexed at least 15 days before the date
Section 56250, Government Code) of the District Reorganization Act set for the hearing.
of 1965. If the resolution and proposed annexation are approved by Added Stein 1953 ch 72 §2.
the commission, with or without amendment, wholly, partially or
}{tstorial Derivation: Sun 1921 eh 560 §516 4th par, 3d sent, as added by SUB 1933 c
conditionally, it shall be mandatory for the board of directors of the 999 § 14 p 2575, amended by Stau 1951 ch 1130§ I p 2896.
annexing district to complete the proceedings for such annexation,
subject to compliance with the commission's resolution making deter- § 17373. Hearing; Procedures
minations.
Adam stirs t965 cb 2043 §fin. At the hearing or any continuance thereof, the board of directors o
the annexing district shall hear all relevant evidence and shall deter-
§ 17371. Publication of resolution; Notice of hearing mine whether the territory shall be annexed and upon what terms and
conditions, if any, such annexation shall be made.
After receipt of the resolution of the local agency formation commis- Added Stirs 1953 eh 72 §2.
sion making determinations, the board of directors of the annexing HiMmicol Derivation: Stan 1921 ch 560 §51b 4th par, Bill sent, as added by Stars 1933 eh
district shall cause publication of its resolution declaring its intention 999 § 14 p 2575.nmcnacd by Stars 1951 cb 1130§ I p 2896.
of approving such annexation and a notice fixing the time and place
of hearing thereon and notifying all persons interested in or that may 17374. Protest of proposed annexation; Filing
be affected by the proposed annexation of territory to appear at the § rior time, any person interested may file with
meeting and show cause in writing, if any they have, why the the
the hearing e any p
territory or any part of it should not be annexed as proposed in the the board of directors of the annexing district a written protest o the
resolution. The notice and resolution shall be published pursuant to proposed annexation or to the approval of the terms and conditions.
Section 6061 of the Government Code in a newspaper of general Added Stars 1953 eh 72 §2,
circulation printed and published in the annexing district, or if there Hotoriaat Derivation: Stan 1921 en 560 §sib 4th pa=, am scut. al, added by SUB 1933 ch
is no such newspaper, in a newspaper of general circulation printed 999 § 14 p 2575,amended by Stars 1951 ch 1I30§1 p 2896.
and published in the county where all or a part of the annexing
district is situated. § 17375. Hearing by board on protest; Notice rt in the
Added stets 1953 cb 72 §2. Amended sun 1957 ch 357 § lea;scats 1965 ch 2043 ¢621. If written protests are filed by the` c owners of taxable all refer the
territory proposed to be annexed, he board Of directors Sh
Ameadmenu: protests to the board of supervisors of the county in which the district
1957 Amendment Added "pursuant to Section 6061 of the Government Code" in
the second sentence. is situated. The board of supervisorsigiven the shall
annerr prodded in Arti hold a cle
hearing
1%5 Amendment Substituting "After receipt of the resolution of the local agency on the protests after notice gt
formation commission making determinations, the board of directors of the Chapter 2 of this division.
amexing district shall cause publication of its resolution declaring its intention of aP
approving such amwtion" for "The board shall cause the publication of the Added Sun 1953 eh 72 §2. c Suits 1933
resoluum"at the beginning of the first sentence. Historical Derivation:SUB 1921 ch 560§516 40h par, Sth, 6th srnu, as added b,
Bolorial Derivation: SUB 1921 ch 560 §51b 4th par, 2d sent, as added by Stars 1933 ch eh 999 § 14 p 2575, amended by Suu 1951 ch 1130§ I p 2896.
999§ 14 p 2575,amended by Suits 1951 ch t 130¢ 1 p 2896.
t os References: nines 17376, Determination by board to exclude property that
Publications and official advertising: Gov C§§6000 el sea} If the board of supervisors finds and determines at the hearing
Publications in newspaper of general circulation:Gov C§6040.
i the property described in the protests will not be the bsta
oardntialof
Annotations: ( benefited by annexation to the district, it may properly
notify shell not be
w a r of " entral circulation" within messing of state 1 of the annexing district that such ro erly'
sequiri tic s iK gq irectOfS
What con P such newspaper. 2 , d ,.
sututrs requiring publica
tion of oainal notices and the like in su453
ALR4th 822.
452
3
§ 17376 PUBLIC UTILITY DISTRICT ACT ANtiEX.AT ION § 17382
annexed to the district, and the board of directors shall take the HJsrarical Dcri.adon: Sum 1921 ch 560 § 51b 4th par, 101h. I Ith sen", v added by Stata
necessary steps to exclude the property from the temtory proposed to 1933 ch 999 § 14 p 2575, amended by Sum 1951 ch 1 Uo § 1 p 2396.
be annexed.
Added Sum 1953 ch 72 §2. § 17380. Filings required following adoption of resolution; Effective
HLtoncal Derlradon: Smu 1921 ch 560 §51b 4th pa, 7th sent. a added by Sum 1933 ch date of annexation
999 § It. p 2575, amended by Sum 1951 ch 1130 § I p 22896.
After adoption of the resolution ordering the annexation, the secre-
17317. Failure to file protest tary of the annexing distnct shall make the filings provided for in
§ p Chapter 8 (commencing at Section 56450, Government Code) of Part
.Any person who is interested in any land located within the annexing 5 of the District Reorganization Act of 1965. A certified copy of the
district or the territory to be annexed and who does nor file a written resolution provided for by Section 17379 shall accompany and be
protest is deemed to have assented to the annexation of the territory i made a pan of such filings. The annexation shall be completed and
set forth in the petition of the petitioning district, and upon the terms effective on the dates specified in said Chapter 8.
and conditions set forth therein. Added Sum 1965 eh 2043 §658.
Added Sum 1953 ch 72 §2.
Former Seetlona: Fotmtt § 17380 was added Sum 1937 ch " ;'_ and repealed Sum 1965 ch
Historical Derivsdon: Sum 1921 ch 560 §51b 4th W. 9th sent as added by Sum 1933 ch 2043 q 321.
999 § IA p 2575, amended by Sum MI ch 1130§ 1 p 2896,
agencyEffect on legal existence of public corporation or public
§ 17378. Resolution ordering and approving annexation
A-fter the hearing, the board of directors of the annexing district may The inclusion in, or annexation or addition to, a public utility district
adopt a resolution ordering and approving the annexation. of the corporate area of any public corporation or public agency shall
Added Sum 1953 ch 72 §2. Amended Sum 1965<h 2043 §622. not destroy the identity or legal existence or impair the powers of any
Amendments. j such public corporation or public agency, notwithstanding the identity
L465 Amendment m Deleted "X' arts "bearing', (2) fubadtuted "may adopt of purpose, or substantial identity of purpose, of such public utility
roolution ordering and" for "approvm by resolution the proposed aanexauon of district.
the temwry desenbed in the petition upon the terms and conditions set forth Added Sum 1953 ch 72 §
therein or upon any other terms and conditions, and a resoiuoon" after "annes-
ing drama", and (3) deleted "u adopted by the board of dirocton of the
IiLtorinl perivadoo: Sum 1921 ch 560 §Sib ]d par, v added by Sum 193} ch 999 § la p
pcdtioning demos and Bled a,th the xereury of the =,,ang board, the _575. amended by Sum 1951 ch 1130§ I p 2896.
annexing bead shall docurc that the annwuon a completed" aft= "approving
the annexation" at the end of the swum
Hinorical Nn"dom Sum 1921 ch 560 §51b 4th pu, 10th sent. as added by Sum 1933 ch t § 17382. [Section repealed 1965.1
999 § 14 p 2575, amendod by Sum 1951 ch 1130§ I p 2896. Added Sum 1953 ch 72 §Z. Repealed Sum 1965 ch 2043 §322.
§ 17379. Contents of resolution and order 1
The annexing hoard shall by resolution describe the territory ordered I
to be annexed, and set forth the boundaries of the district as they will
exist after the annexation. The order shall also sec forth in detail the
terms and conditions, if any, of the annexation; and if the annexation
is for limited purposes only, the land which is being annexed shall be 1
described as one parcel and the land of the annexing district shall be
described as a separate and distinct parcel.
.added Sum 1953 ch 72 §'-. Amended Sum 1965 cb 2043 §623. i
I
Anatodmenta:
I%S Amendment Substituted "ordered" for "proposed" after "ramtory" m the Ent i
sentence. s
454 S5