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HomeMy WebLinkAboutRES 1978-48 - Board RESOLUTION NO. 78 48 OF TRUCKEE-DONNER PUBLIC UTILITY DISTRICT AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE UCKEE FIRE PROTECTION DISTRICT WHEREAS, on August 7, 1973, the Truckee-Donner Public Utility District and the Truckee Fire Protection District entered into an agreement establishing procedures for the operation and maintenance of the fire hydrants owned by the Truckee-Donner Public Utility District; and WHEREAS, in light of the recent approval of Proposition 13, and its effect on the Truckee Fire Protection District, the Board of Directors of the Truckee-Donner Public Utility District has agreed to rescind the annual rent of $1.59 per hydrant as set forth in said Agreementp and 9 WHEREAS, the parties desire to further clarify their respective rights and obligations respecting the fire hydrant sy ste m., NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee-Donner Public Utility District as follows: That the President is hereby authorized and directed to execute on behalf of the Truckee-Donner Public Utility District a certain agreement with the Truckee Fire Protection District clarifying their respective rights and obligations concerning the fire hydrant system. A copy of said agreement is attached hereto and marked Exhibit ttAtt* PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner Public Utility District, at a meeting held within said District on the 18th day of September 1978, by the follo wing roll call vote; AYES* Hatch Huber _Kuttel Sutton Maass NOES: None ABSENT: None TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By A4AMES A. MAASS, President ATTEST: As MILTON SEYMOU-Ity Clerk Thereof 49 F I RE HYDRANT AGREEMENT THIS AGREEMENT made and entered into th i s day of 1978) by and between the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, hereinafter referred to as "PUD" and the TRUCKEE FIRE PROTECTION DISTRICT, hereinafter re- ferred to as ''Fire District." WHEREAS, on August 7, 1973, the parties entered into an agreement establishing procedures for the operation and maintenance of the fire hydrants owned by the PUD; and WHEREAS in light of the recent approval of Propos it ion 13, and its effect on the Fire District, the Board of Directors of the PUD have ag reed to rescind the annual rent of $1 .50 per hydrant; and WHEREAS, the parties desire to further clarify their respective rights and obligations respecting the fire hydrant system. NOW, THEREFORE, the parties hereto agree as follows: 1 . The Agreement of August 7, 1973, is hereby declared null and l Vo*d. 2. Fire District shall provide all of the labor and materials nec- essary for the maintenance and operation of the hydrant system. 3. PUD shal I supply a maximum of f ive (5) repl acemen t hydrants during each calendar year for Fire District installation. Fi re District shal I install said hydrants at i is own costs, and said hydrants must be connected to the PUD's water system. In the event that Fire District does not req uest and i ns to I 1 *1 is f i ve a I I oca ted hyd rants i n any ca I enda r yea r, no c red i t s ha I I ex i s t for additional hydrants in any subsequent year. 4. It is acknowledged between the parties that the PUD shall remain the owner of a] I hydrants. 5. Any hydrant and required components that are requested for private or residential protection will be installed at applicant 's costs by PUD personnel . These additions will not affect the five annual hydrants as specified above. 6. The PUD shall supply water to all fire hydrants at no charge to the best of its ability, and will not be held responsible for any fire damage that may result from an insufficient quantity or supply of water. 51 • 7. In the event any hydrant is damaged through the negligence of any individual or entity, the Fire District shall make every reasonable effort to effectuate the collection of monies to compensate for such damage, and such monies shall promptly be paid to the PUD. • 8. This Agreement shall continue in full force and effect until mod*1 f i ed or term i na ted by the pa r t i es. Termination may be made by either party for any reason whatsoever upon the delivery of a thirty (30) day advance written to the other party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written after proper approval by their respective Board of Directors, TRUCKEE DONNER PUBLIC UTILITY DISTRICT By TRUCKEE FIRE PROTECTION DISTRICT OF NEVADA COUNTY By IL/ Zo/V 7 -2-