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HomeMy WebLinkAboutRES 1983-19 - Board RESOLUTION NO, 83 19 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING THE PRESIDENT AND CLERK OF THE BOARD TO EXECUTE AN AGREEMENT FOR CONSTRUCTION AND OWNERSHIP OF DOMESTIC WATER SUPPLY SYSTEM, PONDEROSA RANCHOS ASSESSMENT DISTRICT, PLACER COUNTY, CALIFORNIA WHEREAS, the Truckee Donner Public Utility District has received a proposed agreement between the District and the County of Placer in connec- tion with Ponderosa Ranchos Assessment District, Placer County, California, prepared by Edwin N. Ness, Bond Counsel for the County of Placer; and WHEREAS, the agreement provides,, in part, for the ultimate acceptance of the improvements by the District; and WHEREAS, District staff has reviewed the agreement, provided favorable opinions, and recommended acceptance of such agreement; NOWf THEREFOREr BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: The President and Clerk of the Board are hereby authorized and directed to execute the Agreement for Construction and Owner- ship of Domestic Water Supply System, Ponderosa Ranchos Assess- ment District, Placer County, California, a copy of which is attached hereto as Exhibit "A". 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 April 1983, by the following roll call vote: AYE S: Kutte l, Maass, VanLandingham and Corbettr. NOES: None. ABSENT: Hamilton. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By - 6#�n L. Corbett, President ATTEST: Susan M. Craig, Deputy DiArict Clerk AGREEMENT FOR CONSTRUCTION AND OWNERSHIP OF DOMESTIC WATER SUPPLY SYSTEM PONDEROSA RANCHOS ASSESSMENT DISTRICT THIS AGREEMENT, by and between the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, a local public agency of the State of California , County of Nevada, hereinafter called "District, " and the COUNTY OF PLACER, a political subdivision of the State of California, hereinafter called "County; " WITNESSETH: 14, The public interest and convenience req uire the acquisition, construction and installation by County, and maintenance , operation and use by District, of imp rovements designed to provide the domestic water service facilities and appurtenances necessary and convenient for the providing of water service in and for the property located in Ponderosa Ranchos Assessment District , County of Placer, State of California, as set forth in the approved plans and specifications p rovided to District in accordance with the provisions of Paragraph 2 of Page 2 of this agreement. It is proposed that said facilities be acquired, constructed and installed by County pursuant to s p ecial assessment district proceedings undertaken by County p ursuant to the Municipal Improvement Act of 1913 , and that after such acquisition, construction and installation by County, ownership of said facilities shall vest in District, and the providing of r water service within said territory shall be under the management and control of District. Therefore, pursuant to the provisions of the Municipal improvement Act of 1913 , and particularly Section 10109 thro Ugh 10 911 thereof, the parties hereto have entered into the agreement. The assessment district proceedings referred to are designated as the Ponderosa Ranchos Assessment District, County of Placer, State of California, 2. Improvement plans and specifications for said water facilities have been prepared by K. B. Foster Civil Engineering, q g• Inc. , Project Engineer appointed by the County in said proceedings. Said plans have been submitted to and approved b PP Y the District. It is agreed that all of said work shall be installed in accordance with full and complete final improvement plans and specifications to be approved by the District prior to commencement of construction, and that said final improvement plans and specifications are hereby approved by District. No changes in the physical construction that differs in any wayfrom the specifications may be made without the prior written consent of. District. 3,9 water facilities shall be acquired and constructed by County as herein provided at its sole cost and expense and at no cost or expense to District, and County further agrees that it will pay to district an and all costs incurred ' �' by It 1n connection herewith for inspection. Said costs shall be aid b P Y County to District upon demand by District. • 4 District may at all times maintain an inspector over the work of installation. of said water facilities to see- that District' s requirements have been met and that p lans and specifications have been complied with, and the County and t te engineers shall cooperate with the District' s 'insp ector, or inspectors , in the duties incident to desig n or construction. After completion and acceptance of the work, County will cooperate with District in the enforcement of any guarantee made by the contractor in contractor' s agreement to p erform the work; and shall cause said contractor to name the District as additional obligee on an acceptable surety bond guaranteeing against defective materials and/or workmanship for a p eriod of one (1) year from and after the completion and accep tance of the work. 5 Whenever mains , facilities and app urtenances to be conveyed hereunder are not installed in dedicated streets or highways, County shall provide or cause to be p rovided the necessary rights of way and other property necessary to accommodate said work and improvements, and where said easements or property are required exclusively for water mains or facilities, or where required by District, County shall require the execution and delivery to District of approp riate instruments of transfer and such other documents as District may require to convey to District said rights of way and other property. 6. County shall require that the contractor performing the work of construction of said water facilities name the District as additional obligee on labor and material and faithful 40 performance bonds, in the sum of the bid for such work and shall require said contractor to name the District as additional insured on certificates of insurance, which said insurance shall protect the District , its officers , agents and employees against any claims or any nature, 7e After the work has been completed and the facilities have been accepted by the District, all the water facilities and appurtenances so installed shall be the property of District and part of its system and thereafter District may make extensions therefrom and install services thereto at any p oints thereon. They shall by operated, maintained and managed by District as part of such system under the rules and regulations and subject to the rates and charges of District from time to time established. It is agreed that full right, title and interest in and to said water facilities installed pursuant hereto is hereby g ranted to District, subject to the condition precedent of connection of said water facilities with the water system of the District, and written notice of acceptance thereof by District. There shall be no obligation upon District to pay or reimburse to County an y part of the costs of said water facilities. County a g rees to furnish District, in duplicate, with "as-built drawing s" of the completed installation of said water facilities before final acceptance of same by District, 8. District shall not be obligated to extend, without charge, its mains and facilities within the boundaries of the territory of said Ponderosa Ranchos Assessment District, and any future extension of mains , facilities and appurtenances beyond those specifically set forth in the plans and sp ecifications shall be under the rules and regulations and subject to the rates and charges from time to time established by District, Rule 21 of the District Rules and Regulations p rovides oversizing capacity recaptures payable by the benefitting parties (Ponderosa Ranchos) through the T.,D., P,,U.,D, to the party (Martis Woods) that created the oversize capacity. The County agrees to include $54 , 429 in the assessment district proceeding to satisfy Ponderosa Ranchos obligations p er T.D.P.U.D. Rule 21 . 90 County agrees to and shall defend and hold. harmless District, its officers , agents and employees from any suits or actions at law or in equity which may, for any reason, be brought against District as a result of County' s special assessment ' district proceedings herein referred to, 10 . This agreement shall become effective when funds are available to carry out the terms hereof pursuant to said special assessment proceedings hereinabove referred to, 11 It is agreed that the signature of all p arties to this agreement is based upon and predicated up on consummation of special assessment proceedings providing for a sufficient assessment to pay the money herein agreed to be p aid District, and also to pay all costs and expenses of said proceedings and any rights of waif or other property referred to in this agreement. It is agreed that County is signing this agreement solely as agent and trustee for the property owners within the area described in the agreement; that it is assuming no direct liability for payment of said money or the expenses of the acquisition and construction of said water facilities , and that its only liability and responsibility is that of conducting the special assessment proceedings referred to in the form provided by law. It is also so understood by all parties that the County cannot pledge itself in advance that said sp ecial assessment proceedings will give the County jurisdiction to confirm the assessment and that all terms and provisions of this ag reement are subject to said special assessment proceedings being consummated. County is to pay sums to be paid pursuant to this agreement only out of moneys in said special assessment district .A proceedings and out of no other funds. DATED: TRUCKEE DONNER PUBLIC UTILITY DISTRICT a public corporation of the State of California By President ATTEST:- District Clerk:' COUNTY OF PLACER, a political subdivision of the State of California By Chairman, Board of Supervisors ATTEST: Clerk of the Board of Supervisors MONO"