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HomeMy WebLinkAboutRES 1999-09 - Board RES OL t 1 TION NO. 9909 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT FIXING AND PLACING ELECTRIC AND WATER STANDBY CHARGES ON DISTRICT TAX ROLL FOR 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 16, 1999 the Board adopted Resolution No. 9906 and No. 9907 implementing and fixing electric and water standby changes pursuant to Ordinances 7501, 9103 and 9105 for the fiscal year 1999-2000, 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 Administrafive 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 complefion and correcfion of the current list through June 30, 1999, 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 Consfitution (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 concerning 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 Govemment 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 16, 1999 by the following roll call vote: AYES: Aguera, Nemig, Maass, Sutton and Jones. NOES: None. ABSENT- None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Peter L. Holzir ist r, District Clerk ATTE Susan M. Craig, Deputy Distri6f Clerk smc