HomeMy WebLinkAboutORD 1989-03 - Board ORDINANCE NO. 8903
OF THE
TRUCKEE DONNER PUBLIC UTILITY *DISTRICT
WATER AND ELECTRIC FACILITIES FEE ORDINANCE'
BE IT ORDAINED by the Board of Directors of the Truckee Donner
Public Utility District that the attached provisions relating to
imposing a facilities fee on land development within the service
area of the truckee donner public utility district for providing
water and electric facilities necessitated by such new development;
stating the authority for adoption of the ordinance; providing
definitions; providing findings and declarations of the board of
directors; providing for the payment and time of payment of a water
and electric facilities fee; providing for review of water and
electric facilities fees and the fee schedules; providing for the
placement of revenue collected from water and electric facilities
fees into water and electric facilities fee trust funds established
for that purpose; providing for exemptions and credits; providing
for refund of unexpended funds; providing for use of funds derived
from water and electric facilities fees; providing that water and
electric facilities fees may be pledged toward payment of bond
issues and similar debt instruments; and providing for severability
become effective 30 days from the date of passage of this
ordinance.
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 6th day of November 1989 by the following roll
call vote:
AYES: Aguera, Corbett, Sutton and Maass.
NOES: None.
ABSENT: None.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By I/A-
J es A. Maass, President
ATTEST:
Susan M. Craig, Deputy D*str.Kdt Clerk
smc
•. WATER AND ELECTRIC FACILITIES FEE ORDINANCE 8903
Section one
LEGISLATIVE FINDINGS
The Board of Directors of the Truckee Donner Public Utility
District finds, determines and declares that:
A. Truckee Donner Public Utility District must expand its water
and electric facilities in order to maintain current standards
of public health if new development is to be accommodated
without decreasing current standards of public health.
B. The imposition of facilities fees is one of the preferred
methods of ensuring that development bears a proportionate
share of the cost of water and electric facilities necessary
to accommodate such development. This must be done in order
to promote and protect the public health, safety and welfare;
C. Connecting to the District water and/or electric system will
create a need for the construction, equipping, or expansion
of water and electric facilities.
D. The fees established by Section Seven are derived from, are
based upon, and do not exceed the costs of providing additio-
nal water and electric facilities necessitated by the
connection to the District's water and electric systems.
E. The report entitled "Connection and Facilities Fee Analysis"
dated 1986 sets forth a reasonable method and analysis for the
determination of the impact of new development on the need for
and costs for additional water facilities within the Truckee
Donner Public Utility District.
F. The report entitled "Electric Facilities Fee Analysis", dated
1989 sets forth a reasonable method and analysis for the
determination of the impact of new development on the need for
and costs for additional electric facilities within the
Truckee Donner Public Utility District.
G. The Truckee Donner Public Utility District has accepted water
facilities from the developer of the Tahoe Donner Subdivision
which will allow for its complete buildout. These facilities
were intertied with the existing integrated water system, and
therefore provided an excess capacity. This capacity is
ultimately for the use of the Tahoe Donner Subdivision at its
buildout. Because the excess capacity is so great, the
District has chosen not to replicate existing excess
facilities. The District has accepted, and will continue to
r^ accept contributions for future construction from subsequent
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�..., B. For the purposes of administration and enforcement of this
ordinance, unless otherwise stated in this ordinance, the
following rules of construction shall apply to the text of
this ordinance:
(1) . In case of any difference of meaning or implication
between the text of this ordinance and any caption,
illustration, summary table, or illustrative table, the
text shall control.
(2) . The word 11shall'I is always mandatory and not
discretionary; the word "may" is permissive.
(3) . Words used in the present tense shall include the future;
and words used in the singular number shall include the
plural, and the plural the singular, unless the context
clearly indicates the contrary.
(4) . The phrase "used fore includes "arranged fore, "designed
fore, "maintained fore, or "occupied fore.
(5) . The word "person" includes an individual, a corporation,
a partnership, an incorporated association, or any other
similar entity.
(6) . Unless the context clearly indicates the contrary, where
a regulation involves two (2) or more items, conditions,
provisions, or events connected by the conjunction "and",
11oril or "either. . .or"I the conjunction shall be
interpreted as follows:
(a) . "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
(b) . "Or,' indicates that the connected items, conditions,
provisions or events may apply singly or in any
combination.
(c) . "Either. . .or'$ indicates that the connected items,
conditions, provisions or events shall apply singly
but not in combination.
(7) . The word "includes" shall not limit a term to the
specific example but is intended to extend its meaning
to all other instances or circumstances of like kind or
character.
(8) . "General Manager" means the General Manager of the
Truckee Donner Public Utility District or the District
representative that he/she may designate to carry out the
administration of this ordinance.
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3. Determine how there is a reasonable relationship
between the feels use and the type of development project
on which the fee is imposed;
4. Determine how there is a reasonable relationship between
the need for the public facility and the type of develop-
ment project on which the fee is imposed;
5. Determine how there is a reasonable relationship between
the amount of the fee and the cost of the public facility
or portion of the public facility attributable to the
development on which the fee is imposed.
B. Any person who, after the effective date of this Ordinance
seeks to connect to the Truckee Donner Public Utility District
water system is hereby required to pay a water facilities fee
in the manner and amount set forth in this ordinance.
C. Any person who, after the effective date of this Ordinance
seeks to connect to the Truckee Donner Public Utility District
electric system is hereby required to pay an electric
facilities fee in the manner and amount set forth in this
ordinance.
too,,_ Section Seven
COMPUTATION OF THE AMOUNT OF WATER AND ELECTRIC FACILITIES FEES
A. When computing a fee pursuant to this ordinance, the District
shall prepare and retain a written memorandum containing the
following information:
1. Identify the purpose of the fee.
2. Identify the use to which the fee is to be put. If the
use is financing public facilities, the facilities shall
be identified. The identification may, but need not,
be made by reference to a capital improvement plan, may
be made in applicable general or specific plan require-
ments, or may be made in other public documents that
identify the public facilities for which the fee is
charged.
3. Determine how there is a reasonable relationship bet-
ween the fee' s use and the type of development project
on which the fee is imposed.
4. Determine how there is a reasonable relationship between
the need for the public facility and the type of
development project on which the fee is imposed.
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Section Eight
PAYMENT OF FEE
A. The applicant shall pay the water and electric facilities
fee required by this ordinance to the General Manager or his
designee prior to connection to the District's water and/or
electric system
B. All funds collected shall be properly identified by and
promptly transferred for deposit in the appropriate Water
and Electric Facilities Fee Trust Fund to be held in
separate accounts as determined in Section Ten of this
ordinance and used solely for the purposes specified in this
ordinance.
Section Nine
WATER AND ELECTRIC FACILITIES FEE TRUST FUNDS ESTABLISHED
A. There are hereby established two (2) separate Facilities Fee
Trust Funds: (1) the Water Facilities Fee Trust Fund and
(2) the Electric Facilities Fee Trust Fund.
B. Funds withdrawn from these accounts must be used in
accordance with the provisions of Section Ten of this
ordinance.
Section Ten
USE OF FUNDS
A. Funds collected from water and electric facilities fees
shall be used solely for the purpose of acquiring,
equipping, and/or making capital improvements to water and
electric facilities under the jurisdiction of the Truckee
Donner Public Utility District, and shall not be used for
maintenance or operations.
B. Funds from the Water Facilities Fee Trust Fund may only be
used for water facilities purposes and funds from the
Electric Facilities Fee Trust Fund may only be used for
electric facilities purposes. Funds shall be expended in the
order in which they are collected.
C. In the event that bonds or similar debt instruments are
issued for advanced provision of capital facilities for
which water and electric facilities fees may be expended,
facilities fees may be used to pay debt service on such
bonds or similar debt instruments to the extent that the
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�. Section Twelve
EXEMPTIONS AND CREDITS
A. The following shall be exempted from payment of the
facilities fee:
(1) Alterations or expansion of an existing building where
no additional or larger water connections are requested
and where the use is not changed.
(2) Alterations or expansion of an existing building where
no additional or greater capacity electrical panels are
requested and where the use is not changed.
(3) The replacement of a building or structure with a new
building or structure of the same size and use where
no additional or larger water connections are requested
and where the use is not changed.
(4) The replacement of a building or structure with a new
building or structure of the same size and use where
no additional or greater capacity electrical panels are
requested and where the use is not changed.
Any claim of exemption must be made no later than the time
of application for connection to the District's water and/or
electric system. While it is inherently the applicant's
responsibility to claim an exemption, the District will make
every effort to notify the applicant if he is subject to an
exemption.
B. Credits:
(1) Water and electric facilities capital improvements may
be offered by the applicant as total or partial payment
of the required facilities fee. The offeror must
request a water and electric facilities fee credit. If
the General Manager accepts such an offer, whether the
acceptance is before or after the effective date of
this ordinance, the credit shall be determined and
provided in the following manner:
(a) Credit for the dedication of land shall be valued
at
(i) 115% of the most recent assessed value by the
Nevada or Placer County Property Appraiser, or
(ii) by such other appropriate method as the Board
of Directors may have accepted prior to the
effective date of this ordinance for particu-
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applicant that the standards set out in Sub
paragraph (c) will be met and if the applicant
posts security as provided below for the costs of
such construction. Security in the form of a
performance bond, irrevocable letter of credit or
escrow agreement shall be posted with and approved
by the General Manager in an amount determined by
the General Manager. If the water and electric
facilities construction project will not be
constructed within one (1) year of the acceptance
of the offer by the General Manager, the amount
of the security shall be increased by ten per cent
(10%) compounded, for each year of the life of the
security. The security shall be reviewed and
approved by the General Manager prior to acceptance
of the security by the District. If the water and
electric facilities construction project is not to
be completed within 5 years of the date of the
applicants offer, the Board of Directors must
approve the water and electric facilities
construction project and its scheduled completion
date prior to the acceptance of the offer by the
General Manager.
(2) Any claim for credit must be made no later than the
time of application for connection. while it is
inherently the applicant's responsibility to claim
the credit, the District will make every effort to
notify the applicant that a credit may be
available. Any claim not so made shall be deemed
waived.
(3) Credits shall not be transferable from one project
or development to another without the approval of
the Board of Directors.
(4) Credits shall not be transferable from one
component of the water and electric facilities fee
to another component of this fee.
(5) Determinations made by the General Manager pursuant
to the credit provisions of this section may be
appealed to the Board of Directors by filing a
written request with the General Manager within ten
(10) days of the General Managerls determination.
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Exhibit A
WATER CONNECTION AND FACILITIES FEE SCHEDULE
AVAILABILITY
Service hereunder is available throughout the Districtis service
area.
APPLICABILITY
The charges hereunder are applicable to all applicants for service
at the locations not previously served by the District.
RATE
The initial charge for service to applicants under the District's
water tariff shall consist of a connection fee, and if applicable,
a tapping and facilities fee as follows:
CONNECTION FACILITIES
SIZE OF SERVICE PIPE FEE FEE
5/8 X 3/411 $ 350.00 $1,333.00
3/411 350.00 2,133.00
In 425.00 4,266.00
1-1/211 800.00 8,533.00
2" 1,075.00 17,066.00
311 and above Actual Cost Determined by District
TAP and/or ROAD CROSSING
If a tap and/or road crossing is necessary, the charge will
be the actual cost.
Ordinance No. 8605, Adopted 08-20-86
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r-THREE PHASE, 108, 240 OR 480 RV SERVICE
FOUR-WIRE OVERHEAD
1. Permanent connection to
structure Actual Cost $ 80 / KW
2 . Temporary single phase
120/240 service for
construction purposes - to
become three phase permanent $175.00 -0-
THREE PHASE, 208, 240 OR 480 RV SERVICE
FOUR-WIRE UNDERGROUND
1. Permanent connection to
structure Actual Cost $ 80 / KW
2 . Temporary single phase
120/240 service for
construction purposes - to
become three phase permanent $175.00 -0-
Ordinance No. 8404, Adopted 10/04/84
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VII. FACILITIES FEE CALCULATION/ASSESSMENT PROCESS . . . . 12
A. Project Plan Review. . . . . . . . . . . . . . . . . . . . . . . . . . . 12
VIII. EXEMPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
A. Must be Claimed By Fee Payers 12
B. Total Exemptions 12
IX. CREDITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
A. Water and Electric System. . . . . . . . oo — . . . . . o . 00 13
X. COLLECTION OF FACILITIES FEES 17
A. Assessment and Payment of Facilities Fees. . . . . 17
XI. ADMINISTRATIVE REVIEW. . . . o . . . o . . . . o — . . . o . . . . . . . o 18
A. By District Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . 18
B. By General Manager. . . . . . . . . . oo . . . . 18
XII. APPEALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
A. Appeal to Board of Directors. . . . . . . . . . 19
XIII. ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
A. Civil Action. . . . . . o — . — . . . . . o . . . . . 000 . o . . . . o 19
B. Code Enforcement 19
XIV. AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ATTACHMENTS
A. Water Connection and Facilities Fee Schedule. . . 20
B. Electric Connection and Facilities Fee Schedule 21
C. Zones of Benefit, . . . 23
2
C. Determination of Fee
The amount of the facilities fees shall be determined by the
District Engineer as the designee of the General Manager. The
District Engineer shall determine the amount of the fee, whether
the method of determination is based on the fee schedules of the
ordinance, an administrative determination of the fee, or an
independent fee calculation study.
1. All Projects. The amount of the facilities fee
shall be determined by the District Engineer at the time that the
applicant applies for water and/or electric service.
D. Expiration of Service Applications and
Building Permits
If an application for service or a building permit expires, is
revoked, or is voluntarily surrendered and is, therefore, voided
and no construction has commenced, then the applicant shall be
entitled to a refund, without interest, of the facilities fees
which were paid as a condition for its issuance. The District
shall retain the account setup portion of the fee to offset a
portion of the costs of collection and refund. The applicant
must submit an application for such a refund to the Engineering
Department within 30 days of the expiration of the
application/permit.
If a refund has been received by the applicant, the applicant
must pay the appropriate facilities fees if he reapplies for the
service or permit. Conversely, if an application for service or
a building permit expires and no refund has been issued, an
applicant will not have to pay the fee again if he reapplies for
the permit on the same lot, parcel or tract. A credit for
previous payment of facilities fees must be requested by the
applicant. While it is inherently the responsibility of the
applicant to request the refund, the District will make every
effort to notify the applicant if he is subject to a refund. Any
exemption or credit not so requested at the time of reapplication
shall be deemed waived by the applicant. A refund of the
facilities fee shall not be granted if the building permit
expires, but water and/or electric services have been installed.
In this case the applicant would not have to pay facilities fees
if he reapplies for water and/or electric service. The applicant
shall be responsible for requesting any credits.
r'
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2) New, Phased, or Seasonal RV Parks.
When building permits/slab permits are issued for construction
of a New, Phased, or Seasonal RV Park, the facilities fees for a
mobile home residence shall be assessed based upon the size of
service (s) requested. The facilities fees shall be paid prior to
the issuance of the first building permit.
3) New Units in a Pre-Existing RV Park.
For any applicants who are required to get a mobile home permit
to add a new unit to pre-existing RV parks, facilities fees shall
be assessed in the same manner as a new mobile home.
4) RV's Located Outside of RV Parks.
RV owners who apply for a building permit, or for water or
electrical hook-up, shall pay the facilities fees at the same
rate as a mobile home (one time) and are entitled to the same
exemptions as mobile home owners.
F. Replacement of Existing Buildings
A replacement building will be allowed without payment of a
��. facilities fee, provided that no additional impact will be
produced on the water and/or electric systems over and above that
produced by the original use of the land (e.g. , if the existing
building is torn down, destroyed by fire or other natural
disaster, or otherwise eliminated or moved off of the site, or if
the original structure is converted to a utility building,
garage, or other non-residential/non-commercial use) . In the
latter example, the permit applicant shall document such
conversion. .
IV. ADMINISTRATIVE DETERMINATION OF FEES
A. Administrative Determination of Fees
Whenever possible, facilities fees shall be assessed in
accordance with the size of service in the fee schedules adopted
in the Facilities Fees ordinances. If the applicant disagrees
with the facilities fees based on the fee schedules in the
ordinances or determined administratively, the applicant may
prepare an independent fee calculation study in accordance with
Section 7B of the Ordinances.
6
�^+ D. Sufficiency Determination
The District Engineer will review the independent fee calculation
study for the appropriate facilities fee for sufficiency, method,
technical accuracy and findings. The review for sufficiency
should be completed within 30 days after submission. The date at
which the independent fee calculation study is found to be
sufficient, or 30 days after submission if there is no finding,
shall be the effective date for payment of fees established
pursuant to an independent fee calculation study.
E. Determination of Fee
The final determination of the amount of the facilities fee
shall be made by the District Engineer, based on his/her own
review of the documentation presented.
F. Notification of Applicant
Within 30 days of submittal of the independent fee calculation
study, the Engineering Department shall notify the applicant in
writing of the acceptance, conditional acceptance, or rejection
of the study. If the applicant disagrees with the findings of
the Department, the applicant may appeal the decision (see
Chapter XI and XII) .
VI. USE OF FACILITIES FEE FUNDS
A. General
1. Administration. The District shall be entitled to
up to but not more than 2.5% of the funds collected as
compensation for the expense of collecting and administering the
water and electric system facilities fee ordinance. For the
Truckee Donner Public Utility District that collecting entity
shall be the Engineering Department.
2. Refunds. Funds may be used to provide refunds as
described in Section II D - Expiration of Applications for
Service and Building Permits - of this manual. Funds may also be
used to make refunds required under any Development Agreement
heretobefore or hereafter issued or entered into by Truckee
Donner Public Utility District as such refunds pertain to the
subject matter of the Ordinances.
3. Order of Expenditure. Funds shall be expended in
the order in which they were collected.
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4. Facilities Fee Zones of Benefit (as identified and
included in this Manual as Attachment C) . Funds shall be used
exclusively for: (1) capital improvements or expansion within
the zones of benefit, from which the funds were collected, or (2)
for projects in zones of benefit that are of direct benefit to
the development from which the funds were collected.
C. Fire Facilities
1. Capital Improvement. Funds collected from excess
fireflow facilities fees shall be used for the purpose of capital
improvements to and expansion of District water facilities.
Capital improvements include planning, land acquisition, site
improvements, off-site improvements associated with new or
expanded facilities, buildings and equipment, including
communications equipment, with an average useful life of at least
three (3) years.
2. Priorities Consistent with Master Plan.
Because the Truckee Fire Protection District is responsible for
fire protection services, priorities for the use of fireflow
facilities fees shall be consistent with the District's Master
Plan as adopted by the Board of Directors, but the District shall
take comments made by the Truckee Fire Protection District on
issues related to priority of construction under advisement.
3. Annual Fire Capital Improvements Planning.
(a) The District shall enter into interlocal
agreements with the Truckee Fire Protection District concerning
the construction of water system improvements which may benefit
the fire protection system.
D. Electric
1. Electric Capital Improvements. Funds collected from
electric facilities fees shall be used for the purpose of capital
improvements to and expansion of electric system facilities
associated with the distribution of electricity within the
Truckee Donner Public Utility District.
A "capital improvement" includes system planning, preliminary
engineering, engineering design studies, land surveys, land
acquisition, rights-of-way acquisition, site improvements,
building construction, equipment, engineering, permitting, and
construction of all the necessary features for any electric
system construction project, including but not limited to:
(a) construction of new or upgrading of existing substations;
10
/^ responsibility to claim the credit, the District will make every
effort to notify the applicant if he/she is subject to an
exemption.
B. Total Exemptions
The following shall be exempted from payment of all Facilities
Fees:
1. Alteration or expansion of an existing residential
building where no additional units are created and where the use
is not changed.
2 . The construction of accessory buildings or
structures provided that no water or electrical service is
provided by the District, nor have fireflow requirements
increased.
3. The replacement of a residential land use unit with
a new unit of the same type and use, provided that the capacity
of the existing services have not increased, nor have the
fireflow requirements increased.
4. The replacement of a non-residential building or
,,.. structure with a new building or structure, provided that the
capacity of the existing services have not increased, nor have
the fireflow requirements increased.
IX. CREDITS
A. Water and Electric System
An applicant may obtain credit against all or a portion of
facilities fees otherwise due or to become due by offering to
dedicate non-Site-Related right-of-way and/or construct non-Site
Related system improvements. Any claim for credit must be made
no later than the time of application for service. Although it
is inherently the applicant's responsibility to claim the credit,
the District shall make the applicant aware that credits may be
available to him. Any claim not so made shall be deemed waived.
Credits are of two types:
(1) Voluntary and non-Site-Related. Credits for
electric or water system improvements or right-of-way dedications
shall be given in accordance with District Ordinance 89-03 and
this Facilities Fee Manual. No credit shall be given for
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(2) a title opinion written by an attorney
licensed in the State of California and rendered within sixty
(60) days of submission thereof, the content of which is
satisfactory to the District's legal counsel and verifying that
the proffered deed will convey unencumbered fee simple title to
the District;
(3) a certified copy of the most recent
assessment of the property for tax purposes;
(4) documentation appropriate to such other
method of valuation as the Board of Directors may have accepted
prior to the effective date of this ordinance for particular
right-of-way dedications and/or system improvements;
(5) at the option of the applicant, valuation
may be set by fair market value established by private appraisers
acceptable to the District. Documentation appropriate to this
method of valuation shall meet the following standards: (i) the
property appraisals shall be prepared by qualified professionals;
(ii) in preparing their reports, appraisers shall value the land
at its then current zoning and without the improvements for which
the dedication is offered or the permit in question is sought,
unless the land in question is subject to a valid agreement,
zoning approval or development order which prescribes a
�- different valuation, in which case the agreement, zoning
approval or development order shall control.
2 . Sufficiency. The Engineering Department shall
prepare engineering and cost estimates and a determination of
sufficiency. In order to be eligible for credits, system
improvements or rights-of-way dedications must meet the
following standards:
(a) It must be related to the mitigation of
impacts from the development for which the services) have been
applied;
(b) The term "site-related improvement's refers to
capital improvements and right-of-way dedications for system
improvements to and/or within the development in question,
including but not limited to the following:
(1) water sources;
(2) water storage facilities;
(3) pumping facilities;
(4) transmission and distribution
facilities;
E'er' (5) electrical substations.
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/^ 4. Credit Payment for Construction. Except as provided
in (4) (d) below, credit against facilities fees otherwise due
will not be provided until:
(a) the construction is completed and
unconditionally accepted by the District;
(b) a suitable maintenance and warranty bond is
received and approved by the District, when applicable; and
(c) all design, construction, inspection, testing,
bonding and acceptance procedures are in strict compliance with
the then current District standards, when applicable.
(d) Credit may be provided before completion of
specified system improvements if adequate assurances are given by
the applicant that the standards set out in (4) (c) above will be
met and if the applicant posts security as provided below for the
costs of such construction. Security in the form of a perfor-
mance bond, irrevocable letter of credit or escrow agreement
shall be posted with and approved by the District in an amount
determined by the District Engineer consistent with the then
current District standards. If the system construction project
will not be constructed within one (1) year of the acceptance of
the offer by the District, the amount of the security shall be
increased by ten percent (10%) compounded, for each year of the
life of the security.
If the system construction project is not to be completed within
5 years of the date of the applicantis offer, the Board of
Directors must approve the system construction project and its
scheduled completion date prior to the acceptance of the offer by
the District.
S. Credit Payment for Right-of-Way Dedication.
Credits for land dedication shall be created when the following
procedures have been completed and the title to said land has
been accepted by the District and recorded in the Official
Records of the Clerk of Nevada or Placer County:
(a) The delivery to the District of a deed, with
sufficient funds to pay all costs of transfer of title including
recording.
(b) The escrow of taxes for the current year, or
the payment of said taxes for the year.
(c) The issuance of a title insurance policy
subsequent to recording of the deed and escrow of taxes.
6. Transfer of Credits. Credits shall not be
/� transferable from one project or development to another without
16
B. Administrative Review by General Manager
If the service applicant is dissatisfied with the District
Engineer' s recommendation, he may apply for a review of the
recommendation by submitting a letter to the General Manager
which states the nature of the applicant's dispute with the
District Engineerls recommendation. On the basis of the
applicantfs letter, the written recommendation of the District
Engineer, and any oral testimony which he may wish to obtain, the
General Manager shall, within 15 days of the receipt of the
application of the District Engineer' s recommendation, provide a
written response to the aggrieved party.
XII. APPEALS.
Service applicants who wish to appeal administrative decisions or
determinations by the District Manager, shall state their
grievance in writing and submit it to the Clerk of the Board.
A. Appeal to Board of Directors
If the applicant is dissatisfied with the decision of the General
Manager, he may appeal the decision to the Board of Directors by
filing a written request with the Clerk of the Board within ten
�.. (10) days of the General Manager's decision.
Nothing in this manual or in the Ordinances precludes any permit
applicant, who is dissatisfied with the determination of the
Board of Directors from seeking a judicial remedy.
B. The District must provide service to the project if the
appropriate facilities fees are paid, and the project has
received county approval. Any reduction of facilities fees
resulting from an appeal shall be by refund. No interest will be
paid on overpayment.
XIII. ENFORCEMENT
A. Civil Action
The District or any applicant shall have the power to sue in
civil court to and enforce the provisions of the Facilities Fee
Ordinances.
B. Code Enforcement
In addition to the enforcement language in section XII A, the
staff of the District may be authorized by the General Manager to
enforce specified provisions of the Ordinances.
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Exhibit A
WATER CONNECTION AND FACILITIES FEE SCHEDULE
AVAILABILITY
Service hereunder is available throughout the District's
service area.
APPLICABILITY
The charges hereunder are applicable to all applicants for
service at the locations not previously served by the
District.
RATES
The initial charge for service to applicants under the
District's water tariff shall consist of a connection fee,
and if applicable, a tapping and facilities fee as follows:
CONNECTION FACILITIES
SIZE OF SERVICE PIPE FEE FEE
5/8 X 3/411 $ 350.00 $ 1,333.00
3/411 3/411 350.00 2,133.00
111 425.00 4,266.00
1-1/211 800.00 8,533.00
211 1,075.00 17,066.00
311 and above, Actual Cost Determined by
District
TAP and/or ROAD CROSSING
If a tap and/or road crossing is necessary, the charge will
be the actual cost.
/^ Ordinance No. 8605, Adopted 08-20-86
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—THREE PHASE, 108, 240 OR 480 KV SERVICE
/ FOUR-WIRE OVERHEAD
1. Permanent connection to
structure Actual Cost $ 80 / KW
2. Temporary single phase
120/240 service for
construction purposes - to
become three phase permanent $175.00 -0-
THREE PHASE, 208, 240 OR 480 KV SERVICE
FOUR-WIRE UNDERGROUND
1. Permanent connection to
structure Actual Cost $ 80 / KW
2. Temporary single phase
120/240 service for
construction purposes - to
become three phase permanent $175.00 -0-
Ordinance No. 8404, Adopted 10/04/84
22