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17 Transfer PRD'sTown of Truckee ORDINANCE NO. 93-17 AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE IMPLEMENTING TRANSFER OF PERMANENT ROAD DIVISION (PRD) AUTHORITY FROM THE COUNTY OF NEVADA TO THE TOWN OF TRUCKEE FOR DONNER TERRACE AND PROSSER WOODS PRDS: The Town Council of the Town of Truckee Does Ordain as Follows: WHEREAS, the Nevada County Local Agency Formation Commission (LAFCo) adopted Resolution 92.06 on June 25, 1992, providing for terms and conditions for the incorporation of the Town of Truckee and that Donner Terrace and Prosser Woods Permanent Road Divisions (PRD) for authorized services shall be transferred to the Town, and that as the successor agency the Town shall continue to have full authority to levy parcel charges, adjusted on an annual basis within the areas of the PRDs, and that all funds derived from parcel charges and any State subventions for such services and reserves held on the date of transfer and all delinquent parcel charges collected by the County of the PRDs shall be distributed to the Town, and parcel charges collected shall be maintained in a separate fund for each PRD and expended only for authorized services within each respective PRD; and WHEREAS, the Board of Supervisors of the County of Nevada adopted its Resolution No. 92483 on July 21, 1992, ordering the incorporation of the Town of Truckee subject to confirmation of the voters therein, and which by paragraph ll(d) of said resolution provides that the two permanent road divisions, Prosser Woods, Donner Terrace, and such new PRDs formed prior to the effective date of incorporation, shall be transferred to the Town effective July 1, 1993, along with all fund balances and other assets. The Town shall continue to have full authority to levy parcel charges, adjusted on an annual basis within each PRD provided that all funds so derived shall be expended only for the authorized services within the area of PRD. WHEREAS, on November 3, 1992, at the general election, Measure H was submitted to the voters as follows: "Shall the order adopted on July 21, 1992, by Resolution No. 92-483 of the Board of Supervisors of Nevada County ordering the incorporation of the unincorporated community of Truckee (LAFCO 91.02), and the reorganization of County Service Areas 4, 5, 6, 7, 8, 9, 10, 11, 19, and 35 and the Donner Terrace and Prosser Woods Permanent Road Divisions as described in the order by confirmed subject to the terms and conditions specified in the order?"; and WHEREAS, Measure H was passed by a vote of 3,331 for and 1,252 against, being an approval and adoption in excess of a two-thirds vote; and WHEREAS, pursuant to the authority of Section 56844 (m)(r) and (t) of the Government Code, Section 12(d) of the said LAFCo Resolution and paragraph 1 l(d) of the said Nevada County resolution, and the two-third voter approval of the electorate authorized the transfer of the service and parcel charge authority of Donner Terrace and Prosser Woods Permanent Road Division (PRD) to the new Town of Truckee effective July 1, 1993; and WHEREAS, the Town Council desires and intends by this Ordinance to establish procedures to implement the transfer of that authority and continue the levy of the parcel charges and provision of extended services within the areas of the former PRDs. NOW, THEREFORE, the Town Council of the Town of Truckee does ordain as follows: Incorporation of Authority_. The provisions of Section 12(d) of the LAFCo resolution 92-06 and paragraph 1 l(d) of the Nevada County resolution 92483, as referenced above, and as approved by a two-thirds vote of the electorate by adoption of Measure H on November 3, 1992, are hereby incorporated herein as the order and authority for the Town to accept transfer and continue each PRD as herein provided. Continuation of PRDs as TPRDs. That Permanent Road Divisions for Donner Terrace and Prosser Wood (PRD) shall be accepted as transfers to the Town and continued indefinitely with their existing authorities and boundaries as 'q'own Permanent Road Divisions" ('q'PRDs") with the following designations: Former PRD New TPRD # Donner Terrace 1 Prosser Wood 2 Continuation of Services. Each of the above TPRD's is hereby authorized to provide the services previously authorized for the PRD that they replace. The services for each TPRD shall be the same as for each PRD; which service as provided by the respective resolutions of the County of Nevada creating and amending respective PRDs is hereby referred to and incorporated herein as if fully set forth. As provided and authorized in Paragraph 12(d) of the LAFCo Resolution 92-06 adopted June 25, 1992, and Paragraph ll(d) of Resolution No. 92483 of the County of Nevada adopted July 21, 1992, and as approved by two-thirds vote of the electorate on November 3, 1992, the Town shall have full authority each year to levy parcel charges, adjusted on an annual basis, within the area of each former PRD. All funds derived from these parcel charges and any State subventions for such services, and reserves held by each former PRD and all delinquent parcel charges collected by the County for a PRD shall be distributed to the Town, shall be maintained in a separate fund and shall be expended only for authorized services within the area of each former PRD. Continuation of Parcel Charge Authority. For each subsequent year, the Town Council shall annually establish and levy parcel charges within the boundaries of each TPRD, in the same manner and in accordance with the same procedure as provided for in Sections 1160-1197 of the Streets and Highway Code. Charges Ordinance of the Town of Truckee Page 3 shall be placed on the tax bill and collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. 1993-94 Parcel Charges. The levies for the fiscal year 1993-94 shall be established at the same level for each TPRD as was set for that respective area in 1992-93. Those levies shall be re-established by adoption of resolution of the Town Council, and forwarded to the County of Nevada for levy and collection and provided by law. Operational Authority. Each TPRD shall be operated in the same manner as for PRD under the provisions of Section 1160 through 1197 of the Streets and Highway Code, except that the Town Council shall be substituted wherever that law refers to the County Board of Supervisors. Urgency_. This Ordinance is hereby adopted as an urgency ordinance and is for the immediate preservation of the public peace, health, and safety. The facts constituting the urgency are that the Town of Truckee incorporated March 23, 1993; that the PRD's will expire at the end of the fiscal year on June 30, 1993; that it is necessary to preserve the parcel charge authority of the PRD's as ordered by LAFCo, and the Board of Supervisors of Nevada County, and as approved by a two-third vote of the electorate, in order to maintain authorized services within the respective benefit areas. Unless this Ordinance takes effect immediately to transfer funding authority, the funding authority may expire to the great hardship and detriment to property owners within the respective areas. The foregoing Ordinance was adopted as an urgency ordinance a Special Meeting of the Council of the Town of Truckee, held on June 30, 1993, by Council Member Cross who moved its adoption, which motion being duly seconded by Council Member Drake and upon roll call carried by the following vote: AYES: Council Members: NOES: None [lotto, Cross, Drake, and Mayor Eagan ABSENT: Council Member Aguera Kathleen Eagan, Mayor Donald R. Haile, Town Clerk --