HomeMy WebLinkAboutRES 1998-17 - Board RESOLUTION NO. 9817
OF, THE
TRUCKEE DONNER PUBLIC (UTILITY DISTRICT
FIXING AND PLACING ELECTRIC AND WATER STANDBY
CHARGES ON DISTRICT TAX ROLL TOR. COLLECTION BY THE
COUNTY OF PLACER
WHEREAS, on February 18, 1975, the Board of Directors of the Truckee Donner Public Utility
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, and
WHEREAS, on August 16, 1982, the Board adopted Resolution No. 8240 amending Ordinance 7501
to include Placer as well as Nevada County; and
WHEREAS, on April 8, 1991, the Board of Directors adopted Ordinance No. 9105 amending
Ordinance No. 7501 and Resolution No. 8240 to the extent that such ordinance and resolution
concern the fixing of electric and water standby charges in the County of Placer, and
WHEREAS, on June 3, 1998 the Board adopted Resolution No. 9814 and No. 9815 implementing
and fixing electric and water standby charges pursuant to Ordinances 7501, 9103 and 9105 for the
fiscal year 1998-99, and
WHEREAS, the District has now determined the lands affected thereby and the charges to be
assessed, levied and collected on the lands and parcels; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public
Utility District as follows:
1. That the Board of Supervisors of the County of Placer, State of California, levy the
standby charges against the parcels and owners of record listed on the computer
itemization of unimproved parcels kept and maintained in the Administrative Services
Department of the District and made a part hereof by reference, and that the County
Auditor and Tax Collector be instructed to levy and collect said charges in the same
manner as County taxes as by law and in said ordinance provide. Upon completion and
correction of the current list through June 30, 1998, a copy will be forwarded to the
Auditor Controller of the County.
2. The District warrants and represents that charges imposed by the District and being
requested to be collected by Placer County comply with all requirements of state law,
including but not limited to Articles X111C and X111D of the California Constitution
(Proposition 218).
3. The District releases and discharges County,and its officers,agents and employees from
any and all claims, demands, liabilities, costs and expenses, damages, causes of action,
and judgments, in any manner arising out of the collection by County of any taxes,
assessments, fees and/or charges on behalf of District, excepting those caused by the
County's negligence.
4. The District agrees to and shall defend, indemnify and hold harmless the County, its
officers, agents and employees (the "Indemnified Parties") from any and all claims,
demands,liabilities, costs and expenses, damages, causes of action, and judgments, in
any manner arising out of the collection by County of any of District's said taxes,
assessments, fees and/or charges requested to be collected by County for District or
in any manner arising out of District's establishment and imposition of said taxes,
assessments, fees and/or charges, excepting those caused by the county's negligence.
District agrees that, in the event a judgment is entered in a court of law against any of
the Indemnified Parties as a result of the collection of one of District's taxes,
assessments, fees and/or charges, the County may offset the amount of the judgment
from any other monies collected by County on behalf of District, including property taxes
once said judgment becomes final and cannot be appealed.
5. The District agrees that its officers, agents and employees will cooperate with the County
in answering questions referred to District by County from any person conceming the
District's taxes, assessments, fees and/or charges, and that district will not refer such
persons to County officers and employees for response.
6. The District agrees to pay such reasonable and ordinary charges as the County may
prescribe to recoup its costs in placing on the tax rolls and collecting the taxes,
assessments, fees and charges, as provided by Government Code section 29304 and
51800.
7. That a certified copy of this resolution be forwarded to the County Auditor of the County
of Placer.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at
a meeting held within said District on June 3, 1998 by the following roll call vote:
AYES: Aguera, Hemig, Jones, Sutton and Maass.
NOES: None.
ABSENT.• None.
TRUCKEE DONNER P BLIC UTILITY DISTRICT
By �cq
Peter L. Holzmeister, District Clerk
ATT4S -.'
Susan M. Craig, Deputy Dist Clerk
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