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HomeMy WebLinkAboutRES 1992-11 - Board "- RESOLUTION NO. 9211 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT GIVING FINAL APPROVAL TO THE WAIVER OF CERTAIN CONNECTION AND FACILITIES FEES RELATED TO THE GATEWAY CABINS AFTER RECEIVING LAFCO APPROVAL 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; 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; 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 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 District has acquiesced in the placement of the two cabins on Meadow Park, and in the sublease of one cabin to the Historical Society, and, pursuant -1- to Resolution No. 9115, the District agreed to 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, subject to approval by the Local Agency Formation Commission of Nevada County (LAFCO); 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 roe including buildings, that p p Y Y p property,rtY� 9 9 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 recreational value may be preserved and enhanced; and WHEREAS, the District applied to LAFCO for approval to engage in providing recreational services to the limited extent of waiving facilities and connection fees that would otherwise be charged for the cabin that will be used and operated by the Historical Society, and such approval was given by LAFCO at its meeting on February 20, 1992. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee -2- 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. Having obtained approval to engage in providing recreational services to the limited extent of waiving such fees, 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. 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 -3- expense shall be borne by the Recreation District. b. 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. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Truckee Donner Public Utility District duly called and held in said District on the 20th day of April, 1992 by the following roll call: AYES: Corbett, Curran, Maass, Sutton, and Aguera NOES: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: 6,6seoh- R. Aguera 01resident Attest: Susan M. Craig, Deputy Dis t Clerk -4-