HomeMy WebLinkAboutRES 2003-23 - Board TRUCKEE R
PUblic Utility District
Resolution No. 2003-23
Requesting Collection of Electric and Water Standby Charges
on Placer County Tax Roll
WHEREAS,the Truckee Donner Public Utility District requests the County of Placer collect
on the County tax rolls certain charges which have been imposed by the District pursuant to
Resolution No. 2003-20 and 2003-21 attached hereto, and
WHEREAS,the County has required as a condition of the collection of said charges that the
District warrant the legality of said charges and defend and indemnify the County from any
challenge to the legality thereof,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District as follows:
1. The Auditor-Controller of Placer County is requested to attach for collection
on the County tax rolls those taxes, assessments, fees and/or charges,
attached hereto.
2. The District warrants and represents that the taxes, assessments, fees
and/or 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 XIIIC and MID 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.
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. 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.
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
Government Code section 29304 and 51800.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a
meeting held within said District on June 18, 2003 by the following roll call vote:
AYES: Directors Aguera, Hemig, Maass, Sutton and Van Gundy
NOES: None
ABSENT: None
TRUCKEE DONNER P LIC UTILITY DI RICT
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ATTEST: elz
Peter L. Holzmeister, District Clerk