HomeMy WebLinkAboutRES 2004-12 - Board ,. TRUCKEE DONNER
DistrictPublic Utility
Resolution No. 2004- 12
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. 2004-09 and 2004-10 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 XIIID 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,
Resolution 2004-12
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 May 5, 2004 by the following roll call vote:
AYES: Directors Aguera, Hemig, Maass and Van Gundy
NOES: Director Sutton
ABSENT: None
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
James A.CMaass, President
ATTEST:
Peter L. Holzmeister, District Clerk