HomeMy WebLinkAboutRES 2006-07 - Board !UCKEE R
Public Utility District
Resolution No. 2006-07
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 2006-2007; 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
Resolution 2006-07 1
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 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 May 3, 2006 by the following roll call vote:
AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason
NOES: None
ABSENT: None
TRUCKEE DONN R PUBLIC UTILITY DISTRICT
By
J.17 mi , President
ATTEST:
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VO Z�P -
Peter L. Holzmeister, District Clerk
Resolution 2006-07 2