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HomeMy WebLinkAboutORD 1991-03 - Board ORDINANCE NO. 9103 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT FIXING WATER STANDBY CHARGES ON CERTAIN LANDS WITHIN THE PORTION OF THE DISTRICT' S BOUNDARIES ENCOMPASSED BY THE COUNTY OF NEVADA TO WHICH WATER IS MADE AVAILABLE FOR ANY PURPOSE, AND PROVIDING MEANS FOR COLLECTION THEREOF WHEREAS, on February 18, 1975, the Board of Directors (the "Board" ) of the Truckee Donner Public Utility District (the "District" ) duly adopted Ordinance No . 7501 fixing electric and water standby charges on lands within the District boundaries and providing a means for collection thereof ; WHEREAS, on August 16, 1982 , the Board adopted Resolution No . 8240 amending Ordinance 7501 to include Placer as well as Nevada County; WHEREAS, on February 25, 1991 , the Board adopted Resolution No . 9106 which initiated the procedure to raise water standby charges in the District in accordance with the Uniform Standby Charge Procedures Act (Sections 54984 et seq. of the California Government Code) (the "Standby Charge Act" ) ; and WHEREAS, in accordance with the Standby Charge Act, the District gave notice and held a public hearing on March 18, 1991 regarding the imposition of water standby charges ; NOW, .THEREFORE, BE IT ORDAINED by the Board of Directors of the Truckee Donner Public Utility District as follows : SECTION 1 . Amendment of Ordinance No . 7501 and Resolution No. 8240 1 . 1 This Ordinance hereby supersedes Ordinance No. 7501 and Resolution No . 8240 to the extent that such Ordinance and Resolution concern the fixing of water standby charges in the County of Nevada . To this end, Sections 1 . 2, 3 . 2 and 6 . 2 of Ordinance No. 7501 and any other references to water standby charges in the County of Nevada in Ordinance No . 7501 and Resolution No . 8240 are hereby repealed. Ordinance No . 7501 and Resolution No. 8240 as they relate to water standby charges in the County of Placer and electric standby charges shall remain in full force and effect . 1 2677004/32 SECTION 2 . General Authority 2 . 1 The water standby charge fixed by this ordinance is hereby enacted and imposed by virtue of the authority set forth in Section 54984 gLt 5-PA. of the Government Code of the State of California . 2 . 2 The means for collection of such water standby charges are enacted by virtue of the provisions of Sections 54984 et sea . of the Government Code, and Sections 16641 , at sea . of the Public Utilities Code, of the State of California . SECTION 3 . Application 3 . 1 The water standby charges shall apply to all vacant lands or parcels within that portion of the District ' s boundaries encompassing the County of Nevada , whether currently in existence or hereafter created through lot splits , subdivi- sions or other methods, to which water is made available for any purpose by the District , whether water is actually used or not . 3 . 2 The water standby charges shall not apply to any vacant land permanently dedicated exclusively to transportation of persons or property. SECTION 4 . Rate of Water Standby Charges 4 . 1 The rate for such water standby charges shall be an annual charge not to exceed Eighty Dollars ($80 . 00) for any parcel . SECTION 5 . Implementation of Charges 5 . 1 Once per year, on or before June 1st of each year, or at such other time as may be required by law, the Board by resolution shall determine and fix the annual charges applicable for the ensuing year and shall specify therein the lands, lots and parcels to which the charges shall apply along with the charge applicable to each such land, lot or parcel . 5 . 2 The annual charges so fixed may vary from time to time and in different localities within the District, depending upon factors determined by the Board, and as provided by law. 5 . 3 Immediately after determining and fixing such charges a certified copy of such resolution shall be given to the 'Auditor of the County of Nevada . 2 2677004/32 5 .4 There shall be no exemptions to the charge or charges fixed and imposed by this ordinance except for those exemptions specifically stated herein or otherwise authorized by law. All exemptions shall be approved by the Board. Water standby charges imposed on public entities or agencies shall be subject to the provisions of Sections 54999 at seq. , as applicable. 5 . 5 For the purposes of this ordinance, determination of lot or parcel location and ownership shall be based upon the latest available records of the Assessor ' s Office of the County of Nevada , State of California . SECTION 6 . Advance Payment: Responsibility 6 . 1 Except as otherwise provided herein, the annual charge or charges hereby imposed are subject to payment in advance. 6 . 2 The annual charge or charges hereby imposed are fixed on a basis of twelve ( 12) calendar months, commencing on the 1st day of July of each year and ending on the last day of June of each succeeding year thereafter . 6 . 3 The owner of the lands within the boundaries of the District shall be responsible for the payment of the charge or charges hereby imposed. SECTION 7 . Availability Defined 7 . 1 For the purposes of this ordinance, water shall be deemed available and the charge or charges hereby imposed shall be applicable to all vacant lands, parcels or lots within the District ' s boundaries, whether currently in existence, or hereafter created through lot splits, subdivision, or other methods as follows : Whenever there is a District water distribution line not less than two (2) inches in diameter installed within 100 feet of the nearest exterior boundary line of any such parcel . 7 . 2 All determinations of availability made by the Board shall be deemed final . SECTION 8 . Collection and Payment 8 . 1 Pursuant to the aforesaid provisions of the California Government Code and the California Public Utilities Code, the charge or charges fixed and imposed by this ordinance shall be added to and become a part of the annual assessment levied by the County of Nevada, State of California, on the lands , parcels or , lots to which applicable. Said charge or 3 2677004/32 charges shall be added to the assessment and are hereby declared to be a lien on the land. Said charge or charges may be divided pursuant to county assessment practice and payable in two installments . By this ordinance, and pursuant to the authority granted by law, the District does hereby avail itself of and elects to use the assessment and collection procedures of the County of Nevada, State of California, as applicable, "and said County, by and through its assessor, auditor, tax collector, and any or all other offices or persons connected therewith are authorized and directed to assess and collect the charge or charges all as enacted herein at the same time and in the same manner as county taxes . When collected, the charge or charges so collected shall, pursuant to law and the practice of such County, be paid over to the District . 8 . 2 Enforcement of the collection by the County of Nevada shall be by the same means as is provided by law for enforcement of liens for county taxes to and including sale of delinquent property, penalties , interest and redemptions , all as provided by law. SECTION 9 . Miscellaneous 9 . 1 If any provisions of this ordinance or the applica- tion thereof to any person, land, lot or parcel be held invalid or unconstitutional by a court of competent jurisdiction, such .., decision shall not affect the other provisions of this ordinance . 9 . 2 Except as otherwise provided herein, the Manager of the District is charged with the enforcement of the provisions of this ordinance. Nothing herein contained shall be construed to limit the authority of the Board to amend, supplement or change this ordinance at any time or from time to time. Further, the Board may adopt rules and regulations consistent with the terms of this ordinance and pursuant to law, to the end that the terms hereof be efficiently, fairly and uniformly applied, and to the further end that cooperation with the County of Nevada be achieved for the purposes as stated herein. 9 . 3 All other rules, regulations, resolutions , ordinances, and charges applicable to the District ' s system, works and facilities are hereby ratified and shall continue in effect, unless the same be deemed inconsistent herewith. SECTION 10 . Effective Date 10 . 1 This ordinance shall become effective thirty (30) days after its enactment and shall be posted and published pursuant to law, provided, however, that the water standby 4 2677004/32 charge or charges set forth herein and Section 1 of this Ordinance regarding the amendment and the repeal of portions of Ordinance No. 7501 and Resolution No. 8240 of the District concerning water standby charges in the County of Nevada shall not be deemed effective until the lst day of July, 1991, and water standby charges "in the County of Nevada shall continue to be imposed under the authority of and in the manner directed by Ordinance No . 7501 and Resolution No. 8240 of the District until such date . 5 2677004/32 Passed and adopted this 18th day of March, 1991, by the following roll call vote, at a meeting of the Board of Directors of TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, held within the District . AYES: John Corbett Richard Curran r James Maas Patricia Sutton Joseph Aguera NOES: None ABSENT: None TRUCKEE-DONNER PUBLIC UTILITY DISTRICT 6 J se' h guera,'resident 0 ATTEST• Susan M. Craig, Deputy Dist ' ct Clerk 6 2677004/32 CERTIFICATE OF POSTING STATE OF CALIFORNIA } COUNTY OF NEVADA The undersigned, Susan M. Craig, under penalty of perjury, certifies as follows: That for and on behalf of the Clerk of the Truckee Donner Public Utility District, I caused copies of Ordinance No. 9103 , adopted by the Board of Directors of said District on March 18, 1991, to be posted within the District, to wit at the Nevada County Government Center and at the Truckee Donner Public Utility District complex. Said posting was completed on April 1, 1991. Executed on the 1st day of A it 1991. Susan M. Craig, Deputy Dist#ict Clerk