AP 01-23-02 SpecialSOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
NOTICE OF SPECIAL BOARD MEETING
Wednesday, January 23, 2002
12:00 - 1:00 P.M.
District Office
1275 Meadow Crest Drive, South Lake Tahoe, Califomia
Robert G. Baer General Mana , er
Duane Wallace, President
Cathie Becker, Director
BOARD MEMBER
Ma Lou Mosbacher, Director
Richard Solbri . Assistant Mane • er
James R. Jones, Vice President
Eric W. Schafer, Director
AGENDA
1. CALL SPECIAL MEETING TO ORDER
2. ITEMS FOR BOARD ACTION
REQUESTED BOARD ACTION
a. Reimbursement for Real Property Adopt Resolution Authorizing Advance
Acquisition Purchase of Real Property and Later
(Rhonda McFarlane) Financing Purchase with a Tax Exempt
Obligation
b. Relocation Assistance Guidelines
(Gary Kvistad)
3. ADJOURNMENT
South Tahoe Public Utility District • 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 • Phone 530.544.6474 • Facsimile 530.541.0614
Adopt Resolution Adopting Relocation
Assistance Guidelines in Connection
with Acquisition of Real Property by
Eminent Domain
SOUTH TAHOE PUBLIC UTILITY DISTRICT
i . • BOARD AGENDA ITEM
TO: BOARD OF DIRECTORS
FR: Rhonda McFarlane, Chief Financial Officer
RE: BOARD MEETING January 23, 2002 AGENDA ITEM:
ACTION ITEM NO: a- • CONSENT CALENDAR ITEM NO:
ITEM - PROJECT NAME: REIMBURSEMENT FOR REAL PROPERTY ACQUISITION
REQUESTED BOARD ACTION: Adopt Resolution regarding its intention to issue tax - exempt
wastewater obligations
DISCUSSION: The District is seeking to acauire the F. Heise Land & Livestock real property
in Alpine County for use in the wastewater export system. To facilitate the purchase, the District
intends to advance the purchase price for the property and to later finance the purchase with a
tax exempt obligation. To allow a future tax exempt obligation offering subsequent to advancing
the purchase price it is necessary to adopt this reimbursement resolution.
SCHEDULE:
COSTS: ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Resolution
CONCURRENCE WITH REQUESTED ACTION:
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
CATEGORY:
GENERAL
WATER
SEWER X
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RESOLUTION NO,
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
REGARDING ITS INTENTION TO ISSUE TAX- EXEMPT
WASTEWATER OBLIGATIONS
WHEREAS, the South Tahoe Public Utility District (the "Borrower") desires to
finance the costs of acquiring real estate and improvements for use in the wastewater
system, identified as Assessor Parcel Numbers: 1- 080 -80, 1- 080 -81, 1- 080 -82,
1- 080 -56, 1- 080 -60, 1- 200 -01, 1- 200 -10, and 1- 200 -11 (the 'Property'); and
WHEREAS, the Borrower intends to finance the acquisition of the Property with
proceeds of the sale of obligations the interest upon which is excluded from gross
income for federal income tax purposes (the "Obligation "); and
WHEREAS, prior to the issuance of the Obligations, the Borrower desires to
advance the purchase price (the "Expenditures ") with respect to the Property from
available moneys of the Borrower; and
WHEREAS, the Board of Directors of the Borrower has determined that those
moneys to be advanced on and after the date hereof to pay the Expenditures are
available only for a temporary period and it is necessary to reimburse the Borrower for
the Expenditures from the proceeds of the Obligations; and
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTH TAHOE
PUBLIC UTILITY DISTRICT HEREBY RESOLVES, ORDERS, AND DETERMINES AS
FOLLOWS:
1) The Borrower hereby states its intention and reasonably expects to reimburse
Property costs incurred prior to the issuance of the Obligations with proceeds of the
Obligations.
2) The reasonably expected principal amount of the Obligation is $4,850,000.
3) This resolution is adopted as official action of the Borrower in order to comply
with Treasury Regulation Section 1.150 -2 and any other regulations of the Internal
Revenue Service relating to the qualification for reimbursement of Borrower
Expenditures incurred prior to the date of issue of the Obligation.
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Resolution 2735 -02
Page 2
4) All the recitals in this resolution are true and correct and the Board of Directors
so finds, determines and represents.
PASSED AND ADOPTED at a duly held Special Board Meeting of the Board of
Directors of the South Tahoe Public Utility District on the 23`d day of January 2002, by
the following votes:
AYES:
NOES:
ABSENT:
Duane Wallace, Board of President
South Tahoe Public Utility District
ATTEST:
Kathy Sharp, Clerk of the Board and
Ex- officio Secretary to the Board of Directors
SOUTH TAHOE PUBLIC UTILITY DISTRICT
BOARD AGENDA ITEM
TO: BOARD OF DIRECTORS
FR: Gary Kvistad, General Counsel
RE: BOARD MEETING January 073_1 2002 AGENDA ITEM:
ACTION ITEM NO: b. CONSENT CALENDAR ITEM NO:
ITEM - PROJECT NAME: RELOCATION ASSISTANCE GUIDELINES
REQUESTED BOARD ACTION: Adopt Resolution adopting relocation assistance guidelines
in connection with acquisition of real property by eminent domain
DISCUSSION: Califomia's Relocation Assistance Act (Act) (Govt C. § §7260 -7277) provides
that any public entity acquiring real property for a public use shall adopt regulations goveminq
relocation assistance. The regulations that a public entity adopts must conform with the
Relocation Assistance Guidelines adopted by the Califomia Department of Housing and
Community Development (Guidelines) (25 Cal Code Regs §§6000 - 6198).
Most public entities that are subject to the Act, and are therefore required to adopt
regulations goveminq relocation assistance, simply adopt by reference the Guidelines set forth
by the California Department of Housing and Community Development. By adopting the
Guidelines by reference, an entity will be afforded the benefit of following established regulations,
which will always be in conformity with state law.
The Guidelines were designed to carry out the policies of the Act. Those policies
include, among other things, the desire "To ensure that uniform, fair and equitable treatment is
afforded persons displaced from their homes, businesses or farms as a result of public entity
(Discussion continued on next page)
SCHEDULE:
COSTS: ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Resolution
CONCURRENCE WITH REQUESTED ACTION: CATEGORY:
GENERAL MANAGER: YES NO GENERAL
CHIEF FINANCIAL OFFICER: YES NO WATER
SEWER X
Continued from Page One:
actions in order that such persons shall not suffer disproportionate injury as a result of action
taken for the benefit of the public as a whole." (25 Cal Code Regs §6002). The Guidelines are
intended to establish minimum requirements for relocation assistance and payments. A public
entity is entitled to provide more than the minimum requirements for assistance and payments,
but at no time may an entity fall below the set minimums.
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RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ADOPTING THE STATE OF CALIFORNIA
RELOCATION ASSISTANCE GUIDELINES
WHEREAS, the South Tahoe Public Utility District (District) is a California public
entity authorized to acquire property by eminent domain pursuant to the California
Relocation Assistance Act (Act); and
WHEREAS, Government Code section 7267.8 requires that any public entity
acquiring real property for a public use shall adopt rules and regulations to implement
payments and to administer relocation assistance; and
WHEREAS, these rules and regulations governing relocation assistance are
required to be in accordance with the Relocation Assistance Guidelines adopted by the
State of Califomia Department of Housing and Community Development; and
WHEREAS, the Relocation Assistance Guidelines adopted by the State of California
Department of Housing and Community Development are contained in the California Code
Regulations, at volume 25, sections 6000 -6098 (Guidelines); and
WHEREAS, the purpose of the Guidelines is to provide regulations and procedures
to assist in implementation of the Act; and
WHEREAS, the District desires to adopt the Guidelines in order to comply with the
Government Code section 7267.8 and establish rules and regulations to implement
payments and to administer relocation assistance.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1) The recitals stated above are true and correct and are incorporated into this
Resolution by this reference as though fully stated in it.
2) The District adopts by reference the State of California Department of
Housing and Community Development Relocation Assistance Guidelines
contained in the California Code Regulations, at volume 25, sections 6000-
6098. The Guidelines are incorporated into this resolution by this reference
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Resolution No.
Page 2
as though fully stated in it.
3) The General Manager of the District is directed to take any additional action
necessary and appropriate to implement this Resolution.
PASSED AND ADOPTED at a duly held Special Meeting of the Board of Directors
of the South Tahoe Public Utility District on the 23rd day of January, 2002, by the following
votes:
AYES:
NOES:
ABSENT:
Duane Wallace, President
South Tahoe Public Utility District
ATTEST:
Kathy Sharp, Clerk of the Board and
Ex- officio Secretary to the Board of Directors
APPROVED AS TO FORM:
HATCH and PARENT
By
Gary M. Kvistad, General Counsel