HomeMy WebLinkAboutRES 1981-54 - Board RESO WTION NO 81 4!!�
i,
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AUTHORIZING EXBCUTION OF AGREEMENT RE
TRANSFER OF COUNTY SERVICE AREA NO* 19
WHEREAS, on August 23 , 1977 , the Placer County Board of
Supervisors adopted Resolution No. 77-474 which req uested that the
Truckee Donner Public Utility District make application to the Local
Agency Formation Commission and, upon approval, initiate proceedings to
annex the territory of County Service Area No. 19, to the Public Utility
District; and
WHEREAS, annexation proceedings have been completed, with the
assistance of the Placer County Department of Public Works; and
WHEREAS, Placer County is now desirous of transferring to the
District, certain facilities and amenities relating to water service
within CSA-19, including pumps, valves, - and water pipes, located in the
vicinity of Ponderosa Palisades South, Placer County, California; and
WHEREAS, the Board of Directors has determined that it is in the
best interests of the District to acquire said facilities and amenities,
and to thereafter assume responsibility for providing water service to
users within the boundaries of CSA-19; and
WHEREAS, an Agreement between Truckee Donner Public Utility
District and County of Placer on behalf of County Service Area No. 19 re
Transfer of Service Area, has been drafted by District Counsel and
submitted to the Board for approval and execution,
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the
Truckee Donner Public Utility District as follows:
1. That the Pres ident of the Board of Directors be
authorized and directed to execute said Agreement on behalf of
the District.
Passed and adopted by the Board of Directors of the Truckee
Donner Public Utility District at a meeting held within said District on
the day of 1981, by the follow*ing roll call vote,
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Roberta C Huber, President
ATTEST.
Susan M. Craig, Deputy District Clerk'
AGREEMENT BEWEEN TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AND COUNTY OF PLACER ON BEHALF OF COUNTY SERVICE AREA NUMBER 19
RE TRANSFER OF SEEN TCE AREA
Th is Agreement is made between the Truckee Donner Public Utility
District, a local public agency of the State of California, hereinafter
referred to as "the Distri(::t" , Placer County, a governmental entity,
hereinafter referred 'to as "County" , on behcalf of County Service Area No.
19, hereinafter referred to as "CSA-19". with reference to the following
facts
FAC TS
1 * County has constructed certain facilities and amenities
r e I ating to water service including pumps , valves , and water pipes ,
located in the vicinity of Ponderosa Palisades South, Placer County,
C(-,11.1'.f o r ri*1 iA
2 . The District is desirous of acquiring the facilities and
amenities of CSA-19 and is willing and able to assume full responsibility
for providing water service to users within CSA-19,
3 , Pursuant to its resolution of intention to eliminate an
authorized service from County Service Area No. 19, Resolution No.
County wishes to -transfer its service, including the facilit
les
and arnenities of CSA-19 to the District.
•
AGREEMENT
In consideration of the mutual promises , conditions, and
covenants, made herein, the parties ag ree as follows,
4. County, on behalf of CSA-19 hereby assigns all of its rig ht,
title and interest in and to the water service facilities and amenities
of C SA-19, and any existing manufacturers warranties and guarantees
relating to such equipment, to the District , which facilities and
antenities are described in the Inventory, marked Exhibit A, attached
hereto and incorporate-%d herc-An.
5 * The District hereby accepts the transfer referred to above,
and concurrently with its execution of this Agreementr adop ts its
Resolution
.LI acknowledging such acceptance and agreeing to the
transfer made by this AgreementO
6. County, on behalf of CSA-19, hereby assigns to the District,
all cash reserves received by it now on deposit with County, derived
from CSA-19, which sums are in the approximate amount of $22, 725 - 00.
County agrees to pay to the District within 60 days from the date of this
Agre),ement., the entire amount of said funds which shall be made available
for use by the District for the continuing maintenance, repair and
operation Of the water system facilities and amenities referred to above,
including connection of such facilities and a-me I nities to the District's
ex.1-sting integrated Water Distribution System.
7 . The District agrees to. operate and maintain the existing
water system facilities and amenities included in CSA-19, which are
transferred to it by this Agreement, in accordance with its Rules and
Reg ulat'..ori,s , applicable ResolutiC)ns and Ordinances, and rates and charges
j
as such may exist now, or "in. the futureo
S. The assignment and transfer of CSA-19 facilities and
ame-snines shall be effective on -7 1981
90 In the event either party institutes an action' to interpret
or enforce the terms of this Agreement, the prevailing party shall be
entitled to a reasonable award of attorneys ' fees and costs in the
court' s discretion*
Dated TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Roberta Huber, President
A,rTEST:
Susan M. Craig,
Deputy District Clerk
Dated: COUNTY OF PIACER,, on behalf of CSA-19
By
r
r
INVENTORY COUNTY SERVICE AREA #19 (dater System)
536 i i nea l feet of 8'' ACP water 1 i ne
5703 i i nca l f ect of 6" ACP water line
8 f ire hydrants , dresser model 300 dry barrel
11 6" main line gate valves
i all main .l ine gaLc valve
6 2" blow offs at deadend main i i nes
93 - 3/411, in house services, run to l ' inside property i i ne