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HomeMy WebLinkAboutRES 1991-15 - Board RESOLUTION NO. 91 is OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT APPROVING THE RELOCATION OF TWO GATEWAY CABINS TO MEADOW PARK AND WAIVING CERTAIN CONNECTION AND FACILITIES FEES WHEREAS, the District currently leases, to the Truckee-Donner Recreation and Park District (the "Recreation District") pursuant to a 99-year lease, property known as "Meadow Park" and located behind the existing District offices, on which the Recreation District operates soccer fields and conducts other recreational activities. A copy of the lease to Meadow Park (the "Lease") is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the developers of the new Gateway Shopping Center have given to the Truckee-Donner Historical Society (the "Historical Society") two of the historic Gateway Motel Cabins, on the condition that the Historical Society remove the cabins to a new location, at Historical Society expense, no later than May 15, 1991. If the cabins are not removed by that date, the Historical Society has been informed that they will be destroyed; and WHEREAS, the Historical Society has obtained permission from the Recreation District to place the two cabins on Meadow Park, beside the existing soccer fields. The two cabins would come under the control of the Recreation District. One cabin would be used by the Recreation District for public restrooms. One cabin would be used by the Historical Society, with the permission of the Recreation District, for use by the Historical Society, which would allow the public to (1) enter the structure, (2) view historical objects u� located therein, and (3) view the exterior of the cabin at all times as an example of an historic structure that is part of the community's heritage; and WHEREAS, the Recreation District has requested that the District acquiesce in the placement of the two cabins on Meadow Park, and in the sublease of one cabin to the Historical Society, and has requested that the District waive the water and electric facility and connection fees that the District would otherwise charge for the cabin that will be used and operated by the Historical Society; and WHEREAS, both Gateway Motel Cabins are unique, are valuable, are of exceptional historic value to the community, and are in imminent danger of destruction; and WHEREAS, Section 16463 of the Public Utility District Act allows the District to operate public parks, public playgrounds, public recreation buildings, and buildings to be used for public purposes; and WHEREAS, Section 16467.1 of the Public Utility District Act authorizes the District to operate recreational facilities at a loss, so that they are subsidized by revenues from the District water and electric utilities; and WHEREAS, Government Code Section 53073, while not directly applicable, provides that special districts may convey surplus real property, including buildings, that are of general historic interest within the community, to non-governmental associations or societies, in order to preserve property of historical interest, thereby evidencing a state policy in favor of the preservation of historic structures; and WHEREAS, it is in the interest of the residents of the District, as well as the entire community, to preserve the two remaining Gateway Motel Cabins so that their historic and -2- recreational value may be preserved and enhanced; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The District hereby finds that the waiver of fees set forth below will assist the District in the acquisition, completion, use and operation of public parks, public playgrounds, public recreation buildings, and buildings to be used for public purposes, within the meaning of Section 16463 of the Public Utility District Act and thereby provides the residents of the District a valuable public service that the District is permitted to provide. The District further adopts, as findings, all of the recitals set forth above. 2. The District hereby approves and acquiesces in the placement of the two Gateway Motel Cabins on Meadow Park, provided that an amendment to the Lease is executed by the District and the Recreation District, which amendment shall provide: a. that the Recreation District may locate the two Gateway Motel Cabins on Meadow Park; b. that the Recreation District may sublease to the Historical Society one cabin and the land underlying the cabin, so long as a written sublease is executed between the Recreation District and the Historical Society, which provides that the cabin subleased to the Historical Society shall be available on a regular basis for public use, and viewing, consistent with paragraph 5 of the Lease, which requires that Meadow Park shall be used solely for community -3- recreation and park purposes for the benefit of the residents of the Recreation District and members of the general public. C. that upon the termination of the Lease, the Recreation District shall, if requested by the District, remove the two cabins, including foundations, sidewalks, porches, and any other associated improvements, at Recreation District expense, and restore the land underlying such improvements to a condition similar to that of the remainder of Meadow Park at the time of such removal. d. that the Recreation District, and not the District, shall be responsible for all environmental review, land use compliance, and building code compliance with respect to the cabins. 3. The District shall waive the water connection fee, in the approximate amount of $350, the water facility fee, in the approximate amount of $2133, the electric connection fee, in the approximate amount of$600, and the electric facility fee, in the approximate amount of $768, for the cabin to be subleased by the Recreation District to the Historical Society; provided, however, that such waiver is conditioned upon the following: a. the execution of a written sublease between the Recreation District and the Historical Society, requiring availability of the cabin to the public, as set forth above. b. The Recreation District, and not the Historical Society, shall apply to the District for the initiation of service, and for the waiver of such fees. Once the cabin has been relocated to Meadow Park, and -4- regular water and electrical service is available, it is acceptable for the Historical Society to apply for service and monthly billings can be sent directly to the Historical Society. C. If determined by the District to be necessary, the District shall have obtained approval from the Nevada County Local Agency Formation Commission of the District's involvement in recreational matters as detailed above. d. As a part of the water connection fee waiver, the District shall, without charge, tap the existing water main and provide a service lateral to a service box located at or near the boundary of Meadow Park. Any pipe installation or other plumbing from the service box to the cabin, or within the cabin, shall be the responsibility of the Recreation District. If, in order to provide water service, it is necessary for the District to cross a road, then such road-crossing expense shall be borne by the Recreation District. e. As a part of the electric connection fee waiver, the District shall, without charge, extend an electric power line to a metered panel located on the cabin. It shall be the responsibility of the Recreation District to provide and pay for the metered panel, as well as pay for any power poles that are required. If undergrounding of electric utilities is desired, the Recreation District shall provide and pay for the necessary trenching and installation of conduit. -5- - PASSED AND ADOPTED as a regular meeting of the Board of Directors of the �...., Truckee Donner Public Utility District duly called and held in said District on the 6th day of May, 1991 by the following roll call: AYES: Corbett, Curran, Maass and Aguera. NOES: Sutton. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By A.W- Jdseph R. Agu a, President Attest: usan M. Craig, Deputy District Clerk Attachment: Exhibit A -s-