HomeMy WebLinkAboutRES 2005-18 - Board •
>: Public Utility Distric i
Resolution No. 2005-18
Requesting Collection of Donner Lake Assessment District
Annual charges on Placer County Tax Roll
WHEREAS, the Truckee Donner Public Utility District on May 2, 2001 adopted Resolution
No 2001-09 making determinations, confirming assessments and proceedings, ordering
the acquisition and construction of improvements and taking certain other actions relating
to Donner Lake Water Assessment District no. 00-1; and
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 for the fiscal tax year
2005-2006; 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 assessments attached hereto.
2. The District warrants and represents that the assessments 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 assessments 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 assessments
requested to be collected by County for district, or in any manner arising out of District's
establishment and imposition of assessments. 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 assessments the County may offset the amount of the
Resolution 2005-18
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
assessments 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 assessments 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 July 20, 2005 by the following roll call vote:
AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason
NOES: None
ABSENT: None
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By 004
J6A Hemig, President
ATTEST:
Peter L. Holzmeister, Dis rict Clerk
Resolution 2005-18