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Home My WebLink AboutORD 1991-05 - Board .. ORD IKk5cz rVo. 9105 OF TKE TRUCKS DON�TER PTUB L I C UTILITY DISTRICT FIXING WATER STANDBY CHARGES ON CERTAIN LANDS WITHIN THE PORTION OF THE DISTRICT' S BOUNDARIES ENCOMPASSING THE COUNTY OF PLACER TO IIHICH WATER IS MADE AVAILn"B 7 QR 4 N v PURPOSE, AND PROVIDING MEANS F�� L4E L.M±ION 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 pater standby charges on lands within the District boundaries and providing a means for collection thereof; i�` ERK S, on August 15, 1932, the Board adopted Resolution No . Ta�L�:{:.t:a 8240 amending Ordinance 7501 to include Placer as well as Nevada Coa:nty; WHEREAS, on March 13 , 1991, the Beard adopted Resolution No. 91-11 :•,high initiated he procedure to rri se water sta 'by charges it-1 the District in accordance with the TT. ifor; Standby Charge Procedures Act (Sections 549°4 ;,I sex . of the California Govern.-tienL Code) (the "Standby Charge Act" ) ; and W-HERSAS, in accordance with the Standby Charge Act, thaw- District gave notice and held a public hearing on April 8, 1991 reaardi ng the �mp{� -L t. of water standby charges; NtOW, THEREFORE, B.E IT RESOLVED by the Board of Di rectors of the Truckee Donner Public Utility District as follows : SECTION 1 . �.�me-;Am - of Ordinance 'N'o. 7501 and 1;t j ti n �'a, ..._8.2 0 1 . 1 This Ordinance hereby supersedes Ordinance No . 7501 and Resolution No. 8240 to the extent that such Ord .r:ance and Resol t—ion concern the. filzina of rater standby charges in the County of Placer. To this e;:d, Sections 1 . 2, 3 . 2 and 5 . 2 of Ordinance 14o. 7501 and any other references to water standby charges in the County of Placer in Ord narce !x1o . 7501 and Resolut-ion No . 8240 are hereLy repealed . Ordinance Nlo . 7501 and Resolution No. 8240 as Chey relate to electric standby charges s1nali rern- Sin in full force and effect . 1 1677004/33 SECTION 2 . r2erieral AuthGritY 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 at sev, 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 at jz . of the Government Code, and Sections 16641, secs. of tree Public Utilities Code, of the State of California. SECTION 3 . DPIicaton 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 ?zacer, whether currently in existence or hereafter created through lot splits, subdivi- sions or other methods, to •,ehich eater is made available for ar.y purpose by the District- . 3 . 2 The water standby charges shall not apply to any vacant land ermianently dedicated 4FClusively to transvortation of persons or property. .�. SECTION 4 . Rate of Wltl!?r Standt.%r Chases 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 . MRnt at i on of ha rg.e,5_ 5 . 1 Once per year, on or before June Ist of each year, or at such other time as i:ay be required by law, the Board by resolution shall det rl-Une and -fi 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 ?and, lot or parcel . 5. 2 The annual charges so fixed may vary from time to tij :e and in different localities within the District, depending upon factors determined by the Board, and as provided by law. 5 . 3 ITk►ediately after det?rrm nina and fixing such charges a certified copy of s�sch resolution shall ue given to the u itor of the County of �ILccr . 2 2577004/33 �.�. 5 .4 There shall be no exemptions to the charge or charges his ordinance except for those exemptions fixed and imposed by t or otherwise authorized by law. All specifically stated herein exemptions shall be� approved by, the Board . n.Ciwater s�.astandby sub 'ect charges *mposed on public entities or age 7 to the provisions of Sections 54999 at as applicable. 5 . 5 For the purposes of this ordinance, determination of lot or parcel location and ownership shah be based upon the latest available records of the Assessor ' s Office of the County .of Placer, state of California . SECTION 6 . dvanc 6 . 1 Except as otherwise provioGd herein, the a.nn,lia charge or c1liarges hereby -imposed are subject to paYn- ant i:I advance. , 6 •2 The annual charge or charges hereby imposed are fixed . oil a basis p� 'r791ve (12) calendar montlhs , comumencing on the 1st dad* of July of each year and ending on the lank 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 payi erat of the charge or charges hereby imposed. SECTION 7 . 7. 1 =or the purposes of this ordinance, water shall ;e deei-ned available and the charge or charges hereby imnose.d shall be applicable to all vaccnt lands, parcels or lots within the District ' s boundaries, whether currently in existence, or hereafter created through lot splits, subdivision, or other mYthods as follows : Wtensver there is a District water u1stributi on line not less than two (2) inches in diameter installed within 104 feat of the nearest exterior boundary Ii ne of any such parcel . 7. 2 All determinations of availability made by the ?oard shall be deemed final . SECTION 8. r.. _lgction and rayMienat 8 . 1 rursusnt to the aforesaid provisions of. the California Government Code and, the California Pilblic u� ilities Code, the charge or char des f i ed and imposed by th-is ordinance shall t.e added to and: beccme a past of -h- annual assessment ZEv ' the {3 "t CL t ' of p3�r?� .�. fi tom. yc California- , on the 1 bylands, parcels or. lots to which applrc=eble . said charge or 3 2677004/33 �.. charges shall be adced to the assessment and are hereby declared to be a lien on thle land. Said charge or charges may be divided pursuant to county assessment practice and payable ill two law, By this ordinance, and hErebypursuant avail itself authority granted by la , the District does of and elects to use the assessment and collection procedures of the County of Placer, 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 sane 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. g , 2 Enforcement or the collection by the County of placer shall be by the same means as is provided by law for enforcement of 14,ens for coutlty taxes to and including sale of delinquent property, penalties , interest and redemriptions , all as provided by law. SECTION 9 . i 9 . 1 if any provisions Or this ordinance or t^e applica- tion thereof to any person, 'and, lot or parcel he held invalid or unconstitutional by a court Of competent jurisdiction, such ., decision shall -0 affect the other provisions O= the s ordinance . 9 . 2 Except as otherwise provided herein, the Manager of the District is charged with the enforce er�t 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 tine or from tine to time. Further, the Board may adopt rules and regulations consistent with the terms of this ordi anCe and pursuant to law, to the end that the termis hereof be of f icient'y, fairly and uniformly applied, and to thP_ further end that cooperation with the County of Placer be achieved for the purposes as stated herein. 9 . 3 All other rules, regulations , resolutions, ordinances, and charges applicable to the ibist,_rict' s systeM.. works and facilities are hereby ratified and shall continue in effect, unless the sate ba deezned inconsistent herewith, SECTION 10 . Effective D1te 10 . 1 This ordinance shall become effective thirty (30) days after its enYct an—I ar.d she I1 be posted and r,,};li,het pur5uant. t0 I:o;i"ever, that the Voter stanf.J,by 4 2577004/33 -- charge or charges set Lorth herein and section 1 of this Ordinance regardirig the amer.'~,ent and the repeal of portions of Distri Ordinance i.o. 7541 and ResolutionNo . 8240 of then Placereshall cc: i :ceriling water standby charges n the County not he deemed effective until the 1st aljulYf shalll991, and continue to water standby charges in the County of pacer 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. J 2677004/33 Passed and adopted this 8th day of April , 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 L. Corbett Richard K. Curran Patricia S . Sutton Joseph R. Aguera NOES: None. ABSENT: James A. Maass TRUCKEE DONNER PUBLIC UTILIZ DISTRICT By 'ps `ph Aguera President ATTEST. Su an M. Craig, Deputy D rict Clerk 6 2677004/33 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. 9105, adopted by the Board of Directors of said District on April 8, 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 May 10, 1991. Executed on the loth day of May 1991. Susan M. Craig, Deputy Distric lerk