HomeMy WebLinkAboutRES 1984-27 - Board t
RESOLUTION NO. 84 27
OF THE
TRUCKEE DONNER PUBLIC -UTILITY DISTRICT
ESTABLISHING PROCEDURES IN THE EVENT OF UNAUTHORIZED
USE OF DISTRICT WATER
WHEREAS, from time to time the District staff discovers that District
customers or other persons- have used water provided by the District without
s. authorization-- and -
WHEREAS, the Board of Directors of the Truckee Donner Public Utility
District desires to enact an administrative policy providing a method by
which the L.-,,strict may charge and obtain payment for such unauthorized
use of water; and ..
1
WHEREAS, District Counsel has advised the District that California Penal
Code Section 499 prohibits the unauthorized use T of water with intent to de-
fraud, punishable by imprisonment for up to six months and a fine of up to
$1,000; and
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WHEREAS, the Board of Directors of the Truckee Donner Public Utility
District desires to enact a policy providing for the enforcement, by the
proper authorities, of Penal Code Section 499;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee
Donner Public Utility District as follows:
1. *That the procedure set forth in Exhibit "A" attached here-
to is hereby established by the Board.
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
4 th day of June 1984, by the following roll call vote:
AYES: Cooley, Corbett, Hamilton and Duffy,
NOES: None.
ABSENT: Maass,
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By •
J es A. Maass, President
ATTEST: -
san M. Craig, Deputy Dist is t Clerk
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W.30
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POLICY ITEM: UNAUTHORIZED USE OF WATER WATER RULE NO. 30
Date issued:__..._�141$4 Reference: Resolution 8427
Date effective:.
b/4/84
Truckee Donner Public Utility District
POLICY STATEMENT
30.1 When the General Manager of the District determines that a customer
or other person or entity has received unmetered water service, or
when the General Manager determines that a customer or other person
or entity has caused water service to be improperly or inaccurately
metered, the' District shall render bills for such service, including
administrative costs, based upon its reasonable estimate of the ser-
vice actually f urnI shed for the full period during which the service
was unmetered or improperly metered.
30.2 When the General Manager determines that a violation of Penal Code
Sec'-.ion 499, unauthorized use of water with the intent to defraud,
may have occurred, the General Manager shall contact the appropriate
County Sherif f's Of f ice or appropriate County District Attorney's
Office, and inquire concerning the feasibility of filing cri .nal
charges against the person or entity suspected of violating such
Penal Code section. If, of ter such inquiry, the General Manager
determines that it is in the best interest of the District to f i le
such criminal charges, and that there is a reasonable possibility
r of successful pro se c to ion of any such person or entity, then the
General Manager shall, on behalf of the District, file criminal
charges with the appropriate District Attorney's office.
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4/19/84