HomeMy WebLinkAboutRES 1986-15 - Board RESOLUTION 90. 8615
OF THE
TRUCKEE DO=R PUBLIC UTILITY DISTRICT
WAIVING POLICY ON RELOCATION OF POTTER LINES
WHEREAS , the District has an existing policy providing that the District
will not, at its own expense, relocate presently existing power lines that
extend over private property, but will consider relocation if the property
owner bears the full expense of such relocation; and
WHEREAS, the District presently has in place power lines which extend over
a residence owned by Karl Kuttel and located at 10001 South River Street,
Truckee, California; and
WHEREAS, Karl Kuttel has requested that the District relocate such power
lines at District expense; and
WHEREAS, Karl Kuttel has presented evidence to the District verifying that
he has , for a period of over twelve years, corresponded with the District
and requested that such power lines be relocated; and
WHEREAS, Karl Kuttel has alleged that an at least one occasion, December
., 27 , 1982, a former District General ftudger promised Karl Kuttel that the
power linee wwweld be rebated at District *xpeaeei and
WHEREAS, Karl Kuttel. presented evideac+e that at a December 19, 1983 Board
meeting, the Board directed staff to "take care of the problem," suggesting
that the District would relocate the power lines at District expense; and
WHEREAS, Karl Kuttel alleges that on at least one occasion the power lines
have fallen on his house, causing damage thereto; and
WHEREAS, Karl Kuttel alleges that on numerous other occasions District
staff promised his that the power lines would be relocated at District
expense; and
WHEREAS, Karl Kuttel alleges that he previously provided deeded easements
to the District for relocation of the power lines, in return for assurances
from the District that the power lines would be relocated at District
expense; and
WHEREAS, the District has received an opinion from counsel indicating tnat
since the power lines have been in their present location for over 20
years, before Mr. Kuttel's residence was constructed, the District has
acquired prescriptive rights, and further that the location of the power
lines do not violate any existing law or ordinance; and
WHEREAS, the District General Manager has advised the Board of the various
'"� reasons supporting a strong District policy against relocation of power
lines at District expense;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee
Donner Public Utility District that due to the unique and unusual facts
presented by Karl Kuttel, and in particular the evidence that a District
General Manager and the District Board at one time agreed to relocate the
power lines at District expense , the District hereby grants to Karl Kuttel
a waiver from the District's policy against relocation of power lines at
District expense , and District staff is directed to arrange with Mr. Kuttel
for the relocation of the power lines at District expense, if Mr. Kuttel
will provide all necessary easements for relocation of the power lines.
BE IT FURTHER RESOLVED that the District reaffirms its strong policy
against relocation of existing power lines at District expense , absent
unusual and exigent circumstances.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public
Utility District at a regular meeting held within said District on the 2nd
day of June, 1986, by the following roll call vote:
AYES: Cooley, Corbett, Hamilton, Sutton and Maass.
NOES: None.
ABSENT: None.
TRUCKEE DOMWR PUBLIC UTILITY DISTRICT
By
J A. Mews, President
ATTEST:
Susan M. Craig, Deputy DiArtrict Clerk
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