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HomeMy WebLinkAboutRES 1981-39 - Board RESOLUTION NO, 8139 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT REGARDING ACCEPTANCE OF WATER DISTRIBUTION SYSTEM RELATING TO WEST RIVER STREET LINE EXTENSION (TOOMEY PORTION) FOR OPERATION, MAINTENANCE AND REPAIR WHEREAS, Donald E. Toomey, and the Truckee Donner Public Utility District entered into an Implementation Agreement dated December 10, 1979, calling for the construction of a water distribution system in the vicinity of West River Street, referred to as the "West River Street Line Extension"; and WHEREAS, the plans , specifications and contract documents for the construction of the water distribution system have been reviewed and approved by the Board of Directors; and WHEREAS, the construction and installation of the water distribution system has been completed by said develo pers' prime construction contractor; Northbilt, Inc. , of Tahoe City; and 1 1 0 WHEREAS , the District Consulting Engineer has provided inspection of the water distribution system construction in progress by the contractor, and has further provided written recommendation that the system be accepted by the Truckee Donner Public Utility District for ownership, operation, and maintenance, pursuant to paragraph 5 of the Implementation Agreement; and WHEREAS , the Truckee Donner Public Ut ility District has determined that operation of the complete loopedwater distribution system, of which the West River Street Line Extension (Toomey Portion) is a part, is in the public interest- for various reasons, including but not limited to , improvement of fire protection ca pabi l i t ies , more consistent water pressure and more reliable water flow, and further that the best interests of the public will be served by integrating the West River Street Line Extension (Toomey Portion) with the existing water distribution system currently owned and operated by the District; lk NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1* The "West River Street Line Extension" (Toomey Portion) I consisting of approximately 1f650 linear feet of twelve inch diameter water main, constructed and installed in accordance with plans and sp ecifications approved by the Board of Directors on September 28, 1979, is hereby accepted by the Truckee Donner Public Utility District for operation , maintenancef repair and replacement , even though the Board of Directors has not ascertained that Donald E. Toomey presently has, and is able to transfer, lawful title to said water distribution system free of all liensf encumbrances, and defects, 2. District Counsel i s directed to 'present to Mr . Toomey the legal documents necessary to formally obtain lawful title to said water distribution system and to further advise the Board of its legal position in the event Mr. Toomey fails or refuses to properly execute such documents. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District , at a meeting held within the said District on the 4th day of May, 1981, by the following roll call vote: AYES: Duffy, Maass, Huber NOES* Kuttel ABSTAIN: Corbett TRUCKEE DONNER PUBLIC UTILITY DISTRICT BY -7 Roberta Huber, President of the Board of Directors ATTEST: / S,u-,-san Craig Clerk Thereof