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HomeMy WebLinkAboutRES 1995-31 - Board RESOLUTION NO. 9531 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AMENDING RESOLUTION NO. 8378 WHICH ORDERED ANNEXATION OF LAND TO THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT- HIRSCHDALE WATER IMPROVEMENT AREA - NEVADA COUNTY WHEREAS, the Board of Directors passed and adopted Resolution No. 8378 Ordering Annexation of Land to the Truckee Donner Public Utility District-Hirschdale Water Treatment Area-Nevada County on December 19, 1983 and a copy of said Resolution is attached hereto; and WHEREAS, pursuant to Resolution No. 8378, the property known and described as the Village of Hirschdale was annexed to the Truckee Donner Public Utility District subject to six (6) terms and conditions, which essentially provide that the Village of Hirschdale water system would be separate from the District in that the Village of Hirschdale would not become liable for any assessment, expense and cost for the District's utility system, would not be entitled to receive or participate in any services, commodities or property owned by the District, would be required to provide any utility system improvements necessary to serve the Village of Hirschdale and pay the costs to maintain and operate such system and would pay water service tariffs in an amount necessary to provide administrative, maintenance, operation and reconstruction of such system; and WHEREAS, said terms and conditions of annexation of the Village of Hirschdale were imposed by the District, but were not imposed by the Nevada County Local Agency Formation Commission; and WHEREAS, the watersystem at the Village of Hirschdale produces water which contains iron and manganese in concentrations higherthan the recommended maximum amounts, said waterbeing safe for human consumption, but which is aesthetically unpleasing and damaging to plumbing fixtures, and WHEREAS, the residents of the Village of Hirschdale have endured the poor quality of water since approximately 1989; and WHEREAS, the most economical option for treating the water to remove the excess iron and manganese is through a central treatment plant, with a total cost of approximately $225,000.00 and total estimated monthly cost of operation and maintenance of$1,500.00; and WHEREAS, the financial impact on the residents of the Village of Hirschdale for the construction, operation and maintenance of the water treatment plant pursuant to the terms and conditions of Resolution No. 8378 would be severe; and • WHEREAS, the residents of the Village of Hirschdale have requested the District to remedy their poor water quality in a cost effective and fair manner and that the District not strictly adhere to the terms and conditions of Resolution No. 8378 because of the financial hardship which would be imposed on them; and WHEREAS, in order to improve the water quality within the Village of Hirschdale without creating . financial hardship for the residents of the Village of Hirschdale and to permit the District to balance these interests by establishing a rate for water service for the Village of Hirschdale that accomplishing both of these competing interests; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: A. Resolution No. 8378 is hereby amended, with modifications to the numbered Paragraphs of Resolution No. 8378. The modifications are indicated by a strike-out line through deleted language and a shaded block area for the added language, as follows: 1. for an),outstanding obfigations of the Trwr;knP_ Donneir PubfiG Utility District, or an) uglity-Distriet: 2. That the Village at Hirschdale shall be subject to such assessments as required to provide for any utility system improvements necessary to serve the territory MA,, and the costs of maintaining and operating such system. 3. a), b a entitle 4. That the _0.44.riot shall attempt to negotiate an operating and mairtORanG@ System. 5. That the water service tariffs shall be set and amended from time to time based upon thej� � � i � fi revenue requirements necessary to provide administrative, maintenance, r � / the Village at Hirschdale Water System. 6. That the Village at Hirschdale Water System be j ,��/,separate from the Truckee Donner Public Utility District except that the pw;t shall be wal of the water Gonnoptions in bot y , B. Resolution No. 8378, upon adoption of the modifications identified in Paragraph A above, shall read as follows: 1. Deleted. 2. That the Village at Hirschdale shall be subject to such assessments as required to provide for any utility system improvements necessary to serve the District and the costs of maintaining and operating such system. 3. Deleted. 4. Deleted. 5. That the water service tariffs shall be set and amended from time to time based upon factors that the District determines to be appropriate, including, but not limited to, the revenue requirements necessary to offset the burden associated with the water treatment plant being constructed for the Village at Hirschdale Water System. 6. That the Village at Hirschdale Water System is no longer separate from the Truckee Donner Public Utility District except that the factors for determining the waterrates for the customers in the Village at Hirschdale may be different from the factors considered for other District customers. 7. The customers in the Village at Hirschdale shall pay water rates, charges, . assessments and fees as hereafter adopted by the District in accordance with all legal requirements. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting thereof duly called and held within said District on the 6th day of November 1995 by the following roll call: PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the sixth day of November 1995 by the following roll call vote: AYES: Aguera, Hemig, Maass, Sutton and Jones. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By_ Peter L. Hof er, erk�and ATTEST Susan M. Craig, Deputy DisttJ&—Clerk smc RESOLUTION NO. 8378 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT ORDERING ANNEXATION OF LAND TO THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT - HIRSCHDALE WATER IMPROVEMENT AREA - NEVADA COUNTY WHEREAS, heretofore the owners of the land and property hereinafter described petitioned the Truckee Donner Public Utility District and the Nevada County Local Agency Formation Commission for the annexation of said land and property to the Truckee Donner Public Utility District, and said petition was heretofore filed with the Executive Officer of the Nevada County Local Agency Formation Commission; and WHEREAS, said petition complied with the requirements of law, and notice of the filing of said petition was duly given in the manner required by law; and WHEREAS, the Executive Officer of said Nevada County Local Agency Forma- tion Commission.has reviewed said petition and a hearing by said Commission was held in accordance with and as required by laws; and WHEREAS, said Local Agency Formation Commission, by Resolution No. 83-29 has approved and ordered said annexation of the property hereinafter described (copy of said Resolution being attached hereto as Exhibit "A", and made a part hereof); NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that there be and there is hereby annexed to the Truckee Donner Public Utility District all that certain land and property situated in the County of Nevada, State of California, and more particularly bounded and described as follows, to wit: See Exhibit "B" attached hereto BE IT FURTHER RESOLVED by the Board of Directors of the Truckee Donner Public Utility District that said annexation is subject to the following terms and condi- tions: 1. That the Village at Hirschdale shall not become liable by as- sessment or otherwise for any outstanding obligations of the Truckee Donner Public Utility Disrict, or any expense incur- red in acquiring property for the.servicing of any land within the Truckee Donner Public Utility District, or any costs incur- red in connection with the replacement or construction of any utility system within the Truckee Donner Public Utility District. 2. That the Village at Hirschdale shall be subject to such assess- ments as required to provide for any utility system improvements necessary to serve the territory and the costs of maintaining and operating such system. 3. That the Village at Hirschdale shall waive, and will not be en- titled to receive, use or participate in any services, commod- ities, or property or some specific part thereof owned by the District or to which it may be entitled. 4. That the District shall attempt to negotiate an operating and maintenance agreement between itself and the present owner of the Village at Hirschdale Water.System. 5. That the water service tariffs shall be set and amended from tips to time based upon the revenue requirements necessary to provide administrative, maintenance, operation, and reconstruc- tion of the Village at Hirechdale+Water System. b. That the Village at Hirschdale Water System be separate from the Truckee Donner Public:Utility District except that the administra- tive host shall be in proportion to the total allobgr of the village at;Hirschdale service CammOntlOnS, Ss to the sum total of the. water connections in both systems. BE IT FURTHER RESOLVED that the Truckee Donner Public Utility will report to the Executive Officer of the Local Agency Formation Commission the successful completion of all hearings and return to said officer a cover letter stating whether or not effected territory will be taxed for existing bonded indebtedness or contractual obligations; that five certified copies of this resolution, a check to cover the State Board of Equalization fees, six maps with LAFCo approval, and the original maps will be sent to the Executive officer of LAFCo. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public a Utility District at a meeting duly called and held within said District on the 19th day of December , 1983, by the following roll call vote: AYES: Cooley, Corbett, Duffy, Hamilton and Maass. NOES: None. ABSENT: - None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT BG.94� James A. Maass, President ATTEST: . san M. Craig, Deputy Distritt Clerk RESOLUTION ''0. 83-29 OF THE LOCAL AGENCY Fr""OTION COMMISSION OF NEVADA COL 1. CALIFORNIA, MAKING OETERMINk_4)X AND APPROVING THE VILLAGE A NEVAD TCHOALE Y MEXATIO14 TO TRUCKEE DONNER PUBLIC UTILITY VI • IA WHEREAS, a resolution for the annexation of territory to the Truckee Donner Public Utility District was filed with the Executive Officer of the Local Agency Formation Commission of Nevada County, California, said resolution complying with all the requirements of law and this commission; and, WHEREAS, at the time and in the form and manner provided by law. the Executive Officer gave notice of the date, time, and place of hearing by this commission upon said application; and, WHEREAS, said Executive Officer has reviewed said resolution and the available information with respect to each, prepared a report including his recommendations thereon within the time required by law, has furnished copies of said report to this commission and to ail other persons required by the law to receive it; and. WHEREAS, this annexation is categorically exempt from the provisions of the California Environmental Quality Act of 1970 under Class 19: Annex- ation of Existing Facilities and Lots for Exempt Facilities; WHEREAS, at said hearing this commission heard all interested parties desiring to be heard and considered the resolution and report by the Executive Officer and ail other relevant evidence and information presented at said hearing; NOW, THEREFORE. the Local Agency Formation Commission of Nevada County. California, does hereby determine, resolve, and order the following: 1. The foregoing recitals are all true and correct. 2. The application for the annexation of territory to the Truckee Donner Public Utility District is approved with the following conditions: a. That the area be determined to be inhabited. b. The sortAnnexation to thesTruckeenDonner Public shall be t Village at hdale Utility District. c. The conducting agency shall be the Truckee Donner Public Utility District. d. The Truckee proceedings incompliance with ner Public ithe ty OLAFCO� initiate resolutiont shall i 3. The Truckee Donner Public Utility District is Hereby authorized to . initiate proceedings for said annexation without an election. 4. The Truckee Donner public Utility District is hereby directed to report to the Executive Officer of the Local Agency Formation Commission the successful compiet' I of all hearings and to returr said officer, a cover letter stating whether or not effected territory will be taxed for existing bonded indebtedness or contractual obligations; five certified copies of ordinance/resolution approving Proposal; check to cover State Board of Equalization fees; six naps with LAFCO approval; and mylar or linen original maps. 5. The boundaries of the territory approved for annexation are described in Exhibit 'A" attached hereto. which is incorporated herein and made a part hereof. 6. The Executive Officer shall immediately forward a certified copy of this resolution to the governing body of the Truckee Donner Public Utility District for further action pursuant to law. The foregoing resolution was duly passed at a regular meeting of the Local Agency Formation Commission of Nevada County held on July 26. 1983. by the following roll call vote: AYES: Elwood Buehler. Carole Friedrich, Karsten Hansen, Frank Knuckey, Paul Matson, Ron Sweet, Chairman Eric Rood NOES: None ABSTAINED: None ABSENT: Bob Wilder Signed and approved by we after its passage this twenth-sixth day of July, 1983. eency-Fo5a rn Local Ation Commission County of Nevada, State of California ATTEST: LZ rise nne ufe t Secretary PROPOSED ANNEXATION OF HIRSCHDALE SUBDIVISION TO THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT D E S C R I P T I O N All that portion of Section 34, T.18N. , R.17 E. , M.D.M. , in the County of Nevada, State of California, described as follows: Beginning at a point lying on the most Westerly boundary of Hirschdale on the Truckee, from which point the West quarter corner of Section 34 lies North 880 02' West 1459 feet; thence from said Point of Beginning along the Northerly line of said Subdivision North 55 47' East 1969 feet to the Northeast corner thereof; thence South 6° 56' 30" West 1432.91 feet; thence South 64° 13' West 806 feet to the Southwest corner thereof; thence North 47" 36' West 986.00 feet to the Point of Beginning. • Containing 32.8 acres more or less. 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