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Home My WebLink AboutRES 2000-21 - Board -�i` •r - District ry Resolution No. 2000-21 Requesting the consent-of the Town Council of the Town of Truckee to the formation of and the acquisition of improvements for the benefit of Donner Lake Water Assessment District No. 00-1 Whereas,.the Board of Directors wishes to consider acquiring a water supply system (the "Improvements")for the benefit of certain property described in Exhibit A attached hereto and made a part hereof (the "Property") located in the Town of Truckee (the "Town") and in the unincorporated territory of the County of Placer and ordering the formation of an assessment district, which includes all of the Property, in order to pay the costs of the Improvements under and pursuant to the provisions of the Municipal Improvement Act of 1913(the "1913 Act"), all as described in the proposed resolution of intention attached hereto as Exhibit B (the "Proposed Resolution of Intention"); and Whereas, the proposed assessment district, if it is formed, is to be known and designated as Donner Lake Water Assessment District No. 00-1 (the "Assessment District"); and Whereas, before proceeding with the formation of the Assessment District (as it pertains to that portion of the property located within the Town) and the ordering of the Improvements (to the extent they are proposed to be located within the Town), the 1913 requires this Board of Directors to obtain the consent of the Truckee Town Council; Now, therefore, the Board of Directors of the Truckee Donner Public Utility District does hereby find, determine, resolve and order as follows: Section 1. The above recitals, and each of them, are true and correct. Section 2. The Truckee Town Council is hereby requested to consent to the formation of the Assessment District, to the ordering of the Improvements proposed to be acquired for the benefit of the Property within the Town and to the assumption by the District of jurisdiction thereover for such purposes, all as described in the Proposed Resolution of Intention (with such changes to the Resolution of Intention and the Assessment District proceedings as may be made by this Board in order to carry out the objectives of the Assessment District). Section 3. The Clerk of the Board is hereby authorized and directed to forward a certified copy of this Resolution, together with the Proposed Resolution of Intention and a Map of the Assessment District, to the Truckee Town Council. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the second day of November 2000 by the following roll call vote: AYES: Aguera, VanGundy, Maass and Hemig. NOES: Sutton. ABSENT: None. TRUCKEE ONN P BLIC UTILI DISTRICT r By J. on He ig, President, Board of Director ATTEST: V Peter L. Holzmeister, District Clerk smc EXHIBIT B PROPOSED RESOLUTION OF INTENTION RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE-DONNER PUBLIC UTILITY DISTRICT DECLARING ITS INTENTION TO TAKE PROCEEDINGS PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913, AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, ALL RELATING TO THE FORMATION OF DONNER LAKE WATER ASSESSMENT DISTRICT NO. 00-1 WHEREAS, the Board of Directors of the Truckee-Donner Public Utility District(the "District") desires to provide to acquire a water supply system generally described in Exhibit A attached hereto and made a part hereof(the "Improvements")and to order the formation of an assessment district in order to pay the costs thereof under and pursuant to the provisions of the Municipal Improvement Act of 1913 (the "1913 Act"); and WHEREAS, the proposed assessment district, if it is formed, is to be known and designated as Donner Lake Water Assessment District No. 00-1; and WHEREAS,the proposed boundaries of the Assessment District are shown on a map which indicates by a boundary line the extent of the territory proposed to be included in the Assessment District,which map is designated"Proposed Boundaries of Donner Lake Water Assessment District No. 00-1" (the "Map"),which Map is on file in the office of the Clerk of the Board of Directors; and WHEREAS, this Board of Directors intends to comply with the requirements of by the Special Assessment Investigation,Limitation and Majority Protest Act of 1931 by proceeding under ' Part 7.5 of Division 4 of the California Streets and Highways Code("Part 7.5 of the 1931 Act"); and B-1 DOCS00703840v 1\22007.0136 WHEREAS, the District has requested and received from the City Council of the City of Truckee and from the Board of Supervisors of the County of Placer consent to the initiation of proceedings for the formation of the Assessment District and the acquisition of the Improvements; NOW,THEREFORE,the Board of Directors of the Truckee-Donner Public Utility District DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER as follows: SECTION 1. The above recitals, and each of them,are true and correct. SECTION 2. The Map is approved and the Clerk of the Board is authorized to record the r Map in the office of the County Recorder, County of Nevada, and the office of the County Recorder, County of Placer.. SECTION 3. The Improvements consist of the acquisition of a water supply system as generally described in Exhibit A. SECTION 4. The Board of Directors hereby declares its intention to form the Assessment District, to order the acquisition of the Improvements and to make the expenses thereof chargeable upon the area included within the Assessment District. SECTION 5. The Board of Directors further declares its intention to levy a special assessment upon the land within the Assessment District in accordance with the respective special benefit to be received by each parcel of land from the Improvements. There shall be omitted from special assessments all streets and alleys owned by any governmental agency as shown on the Map. In compliance with Article=, Section 4 of the California Constitution,this Board of Directors finds that all such governmentally-owned streets and alleys will receive no special benefit from the Improvements. SECTION 6. This Board of Directors finds and determines that before ordering the acquisition of the Improvements it shall take proceedings pursuant to Part 7.5 of the 1931 Act and pursuant to the 1913 Act. B-2 DOCSOC1703840v 1\22007.0136 ram. SECTION 7. The Diitrict Engineer of the District is hereby appointed the Engineer of Work and the Superintendent of Streets. Terrence E. Lowell &Associates, Inc. is appointed the Assessment Engineer. The Assessment Engineer is hereby authorized and directed to make and file with the Clerk of the Board a written report with regard to the 1913 Act(the "Report"),which Report shall comply with the requirements of Sections 2961 and 10204 of the California Streets and Highways Code. SECTION 8. Following the acquisition of the Improvements and the payment of all incidental expenses in connection with the formation of the Assessment District and the issuance of bonds, if any,pursuant to the Improvement Bond Act of 1915, any surplus remaining in the improvement fund established for the Assessment District shall be used as determined by the Board of Directors as provided in Section 10427 of the Streets and Highways Code. SECTION 9. Bonds,bearing interest at a rate not to exceed 12 percent per annum,will be issued in the manner provided in the Improvement Bond Act of 1915 to represent the unpaid assessments. The number of annual installments shall correspond to the number and principal amounts of the bonds maturing or becoming subject to mandatory redemption each year. The last installment of such bonds shall mature not later than 39 years from the second day of September next succeeding twelve months from their date. SECTION 10. The provisions of Part 10.5 of the and Highway Code of the 1913 Act, providing an alternative procedure for the division of land and bonds, shall apply. SECTION 11. Except as specifically otherwise provided for herein,the Improvements shall be made and ordered pursuant to the provisions of the 1913 Act. SECTION 12. The Board of Directors hereby determines that the District will not obligate itself to advance available funds from its treasury to cure any deficiency which may occur in the bond redemption fund established for the Assessment District. B-3 DOCSOC\703840v 1\22007.0136 SECTION 13. The p> blic interests will not be served by allowing the property owners to take any contract to be let for the construction of the Improvements, and no notice of award of contract shall be published. SECTION 14. This Resolution shall take effect immediately upon its adoption. B4 DOCSOC1703840v 1122007.0136