Loading...
HomeMy WebLinkAboutRES 1984-44 - Board _._._- -- -. - _._..._.-..,.-..,..... .._..... . -......._:.._._._._..�......._._ ... ...........:.:.,...«,...V.q.. nr---r r.,.rrai+ar_.s..._.a...._.s.._...•......._..:.._.__-----•- ..,......,..«.,,.....,..._...«.,-_...._..- ---= R,Y......,_..-,..._.._.,......,...w.,.w..s.,......,._-.. RESOLUTION NO, 84 44 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT ESTABLISHING POLICY RE ASSESSMENT DISTRICT DELINQUENCIES WHEREAS, the need for a consistent, concise and understandable policy regarding assessment district delinquencies has been determined by the Board of Directors; and WHEREAS, Counsel to the District has prepared a policy which is ac- ceptable to the Board of Directors; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District that the policy regarding assessment district delinquencies as set forth in Exhibit "A" attached hereto, is hereby adopted this date, PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Pub- lic Utility District at a regular meeting duly called and held within said District on the 16th day of _ duly _ 1984, by the f ollowing roll call vote: AYES: Corbett, Duffy, Hamilton and Maass. NOES: None. ABSENT: Cooley. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By (:,. Ck J es A. Maass, President ATTEST: r�e Susan M. Craig, Deputy Distri Clerk M JIEC'D J U L 1 1984 MEMORANDUM TO: TRUCKEE-DONNER PUBLIC UTILITY DISTRICT FROM: JOHN M. PHELPS, District Counsel DATE: June 29 , 1984 RE: Procedure for Collection of Delinquent Assessments On the West River Street Assessment District We were asked to draft a proposed procedure to be used by the District staff and by District Counsel in connection with the collection of delinquent assessments arising out of the West River Street Assessment District. At present there is no other assessment district with which the Public Utility District is involved. However, a procedure of this type probably could be used in connection with future assessment districts. All references below are to the West River Street Assessment District, Assessments are d-,,,e on November 1 and February 1 of each year, and are delinquent on December 10 and April 10, respectively. County records are generally not up to date, and therefore the County cannot determine that December 10 assessments are delinquent until approximately thirty days later, or approximately January 10 of the following year. S im 1' larly,the County cannot determine that April 1.0 assessments are delinquent until approximately May 10, The following is the procedure that we propose the District adopt: 1 . By January 10 and May 10 of each year, the District .6. Office Manager, presently Mary Chapman, will contact the County Tax Collector' s Office and determine whether any assessments are delinquent, and if so the amount of any such delinquency. The Office Manager will then immediately send, by certified mail, a "friendly" collection letter, requesting payment within ten days, with cop ies to District Counsel apd to the General Manager. A copy of this letter is attached hereto as Exhibit "A" . 20 If not paid within ten days of the "friendly" letter, the District office Manager will send, by certified mail , a "demand" letter of the type as, that attached hereto as Exhibit 11B11 ,a This letter will demand payment within five days , and will indicate that if not paid the matter will be referred to District Counsel for initiation of foreclosure proceedings against the delinquent parcel. Copies of this letter will be sent to District Counsel and to. the General Manager* 3 . If not paid within five days, District Counsel will send a letter, by certified mail, in the form as that attached hereto as Exhibit "C" demanding immediate payment and indicating that the delinquency will be referred to Nevada County for foreclosure upon the parcel if not paid within ten days. Copies of this letter will be sent to the Office Manager, the Genera Manager, and the Board, 4 . If not paid within ten days, District Counsel will refer the matter to Nevada County Counsel , and request that foreclosure memo 24M r be initiated against the delinquent parcel. Copies of this letter will be sent to the Office Manager, the General Manager, and the Board. Di,strict Counsel will also send a copy of this . letter to the owner of the delinquent parcel., so that the owner will be aware that foreclosure is about to be initiated. 5 . Approximately every thirty days thereafter, District Counsel will contact County Counsel to ascertain that the foreclosure proceedings are going forward on a proper schedule. If a procedure of this type is adopted by the Board of Directors , then it will not be necessary for the Board to spend time dealing with each delinquency. We have discussed this procedure with Kay Pomponio, the District Bookkeeper, and Mary Chapman, the District Office Manager. They believe that this procedure will involve relatively little administrative time in connection with the West River Street Assessment District. Memo -3- SAMPL E LETTER 1st Letter CERTIFIED MAIL Mr. John O. Smith Post Office Box 000 Truckee, CA 95734 Dear Mr. Smith: Our records indicate that your payment for the west River Street Assessment District on parce 1_ no. , due in the amount of $ is now delinquent. We would appreciate your immediate payment to - Nevada County in order to keep you on a current basis. Thank you for your immediate attention to this matter, Sincerely, TRUCKEE DONNER PUBLIC UTILITY DISTRICT Mary Chapman, Office Manager MC:kp cc: Porter, Simon, Graham and Phelps Peter Holzmeister Letter No. 2 is to be sent out ten days after letter No. 1 . EXHIBIT "A" SAMPL E LETTER 2nd Letter CERTIFIED MAIL Mr. John O. Smith Post Office Box 000 Truckee, CA 95734 Dear Mr. Smith: On we requested that you bring your assessment payments on the West River Street Assessment District current. To date , our records indicate that your parcel is still delinquent. Please be advised that if, payment is not received within five (5) days, we will be forced to hand this matter over to our attorney to initiate a foreclosure action against your parcel. Thank you for your immediate attention to this matter. Sincerely, TRUCKEE DONNER PUBLIC UTILITY DISTRICT Mary Chapman, Office Manager MC:kp cc: Porter, Simon, Graham and Phelps Peter Holzmeister EXHIBIT "B" z z m m F-'- (D 0 2) rt q lid : r m r FJ- O X (D '-i t) a U4 r-; O K CD H- (t- (D K O K o T m 2 t� �fi rt 0 (D (D (D P) rrt (t FJ-F-J(D C FJ• iv �, rn 0 N-(D �3' K to � K N.�'(t rt N• (D �--� ht n rt rn r Z :4 (7) rt ft 0 :3' � T > m ro H-� H N•N• � (1) m �- �,cn K (D � o ro� y �- q � (D oo D - H, N to gU r t- �(D rt H (n � �' K 3 0 � (D �,.a �,� �� (D O cn s) r�- � K t�-� cn �- F-'(D � oa00 rfo �- (Dd I n (Do Oa FJ-Pi �0) (D a � MO 5 ono aaK f- : rtcn rttt, H- K En K rt () w rt* ct `�C 4 rt t-i f-i, rt bd tJ� (D (D �0 FJ-0 0 O Q > K FJ-H• ::r ko O K (D cn rt �C Imo•K K OHe O K O (D cn n (t (D v rt (D K a L � 0 rt (D rt w o :or n O r. 0 :30� 0,(D K tD A� rt � � � FJ- rt. �o0 rt rt K rt N. � O �' rt. �' � -� Ln rt� • (D 0 (D I< : ^' 5 w O �. FJ• (D O 0 (o rh 51 a Foi+` (D cn OT (n �- r-n CD W K r� tD K (D ,--t He �I(a E-J He F-J :J ct (D to rt, 0 cn (D ;a rfi (D F-� rt (D (D N rt' O rt N•t'� �-h K C o F—J rh�''• ' (D (D F-A;D K E He � � Q M o : fi0 N 51 o H� o �, 5 . p 3 p K �'� rt.5 rt K (D C'� � ; Z � � (D � � �, ° � a - : o rt- FJ-o, o r ; gym - D0 p 0 (D � I�-�+-F�• � K (D � En O � �' 'x C� � � t,- c� � n r � F-J r•�t.O to Or (D n r t �(D rt � � t� Zj -„ � _ C) o 0 :'0 rt 0 W p D c O n hh t to�C K En F✓ Q al 01 ct om r rn z x m o v z o rt�(D (D C F--' (D ::Irt. F-J N ; ro O Z p rt- ft(D Q ':0 a P) Ocn rt, � K K (D �O'� !y rt U) 0 (D --� �•(D F-" K (D''C � K (D rt' Q v o C) rt t-� K K K w z �3 """� (D Fr� H rf�'(� N}�'rt C� d (D Q fl N- rt (D 0 W FJ- }H0) 0 (D (D He � eft pi 0 �,• (p �p.(D rt. �`'C rt 0 N 0 t`t ct-W (D PV ♦.. (D 1. CD C� � K Q�(s. QA K �1Ts (\)'- (D (D {� w ft H.to to a � rt Q O �"F• K t-h a }-3 w �C �.�. � Q J�.,,N'•tfi ft Q H K L �-h (D O ,< F�ft O F�. (D K (D F-4 I o -0 3 p K toJ- % O ' t� �' po m fi K o D cn rt (D a Q (� � <'i d m O - r "U �1 to (D 00 � C O (D O �' Q%o p (D �j �' H•�(D :t En n V�M (D �` � � � O A a N N• rt 0) FJ- rD H m z y -i t✓(D � O t-J< ct cn K (D K ct N N• En H"- t'' o Z �f U) h-J Pi O rt (D (D 0 �r(D 0 C I< co rt Please. feel free to contact our office, or the District office at (916) 587-3896 concerning this matter. Very truly yours, PORTER, SIMON, GRAHAM AND PHELPS Professional Corporation ,John M. Phelps JMP:g j cc: Mary Chapman Peter Holzmeister Board of Directors EXHIBIT "C" LAW OFFICE OF POFLTER. SIMON AND GRAHAM PROFESSIONAL CORPORATION JAMES L. PORTER, JR. MASONIC BUILDING JAMES L. PORTER, JR. JAMES ERNEST SIMON COMMERCIAL ROW PHILIP A. OLSEN MICHAEL E. GRAHAM POST OFFICE Box 2819 JOHN M. PHELPS TRUCKEE, CALIFORNIA 95734 ADMITTED IN CALIFORNIA & NEVADA PHILIP A. OLSEN (916) 587-3862 S A M P LE LETTER 4th Letter James Curtis, Esq. Office of the County Counsel 201 Church Street, Courthouse Nevada City, California 95959 Re: Truckee Donner Public Utility District Dear Mr. Curtis: This office is General Counsel to the Truckee Donner Public Utility District, Some years ago the Truckee Donner Public Utility District installed a new water main along West River Street in Truckee, and the installation wa's financed through an assessment district set up pursuant to the Improvement Bond Act of 1915. The assessments on the different parcels of land are collected by Nevada County, At present, the assessment on parcel no. I due . in the amount of $ A. is delinquent. The District and this office have written to the land owner and demanded payment on three occasions, but payment has not been received. The owner of the delinquent parcel is and the address and phone number are On behalf of the District, we respectfully request that the County initiate foreclosure action with respect to the delinquent parcel , so that the delinquent assessment can be collected. Please copy our office with any correspondence sent or received by your office with respect to this matter, f Please contact me if you need any further information or documentation. Thank you very much for your cooperation. Very truly yours, PORTER,. SIMON, GRAHAM AND PHELPS Professional Corporation John M. Phelps JMP:gj cc: delinquent land owner Mary Chapman Peter Holzmeister Board of Directors EXHIBIT "D"