Loading...
Resolution 2517 .~ ;. l, \. -. 29072-20 JHHW:5RC:ce 04/12/90 58936 RESOLUTION NO. 2517 A RESOLUTION OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS WITH RESPECT TO FALLEN LEAF LAKE ASSESSMENT DISTRICT 1990-1 BE IT RESOLVED, by the Board of Directors (the "Board") of the South Tahoe Public Utility District (the "District"), County of El Dorado, State of California, as follows: 1. The public interest, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements described in Exhibit MA" attached hereto and made a part hereof, 2. Except as herein otherwise provided for the issuance of bonds, all of said work shall be done as provided in the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the "CodeM). 3. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections ~ of the public ways referred to are included to the extent that . . ~ ~ work is shown on said plans to be done therein, Said streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County of El Dorado, State of California, and shall be shown upon said plans. 4. Notice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades, 5. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 6. The Board does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications, All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of this District. 7, The descriptions of the acquisitions and improvements '-r and the termini of the work contained in this Resolution are Resolution No. 2517 Page 2 '.' . \.. \" " general in nature. All items of work do not necessarily extend for the full length of the description thereof, The plans and profiles of the work and maps and descriptions as contained in the Engineer's Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof. 8. Said contemplated acquisitions and improvements, in the opinion of the Board, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which are shown on a map thereof on file in the office of the Clerk of the Board, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 9. The Board declares that all public streets, highways, lanes and alleys within said assessment district in use in the performance of a public function, and all lands owned by any public entity, including the United States and the State of California, or any departments thereof, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 10, Said acquisitions and improvements are hereby referred to John Carollo Enqinp-p-rs Walnut Creek California, as Engineer of Work for this assessment district, a competent person employed by this District for the purpose hereof \., (the "Engineer of Work"), and said Engineer of Work is hereby Resolution No. 2517 Page 3 ~ ~ ~ directed to make and file with the Clerk of the Board a report in writing, presenting the following: (A) Maps and descriptions of the lands and easements to be acquired, if any; (B) Plans and specifications of the proposed improvement if the improvements are not already installed. The plans and specifications do not need to be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the report as a combined document. (C) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of the improvements, (D) An estimate of the cost of the improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvements, including any cost of registering bonds. (E) A diagram showing, as they existed at the time of the passage of the resolution of intention, all of the following: (1) The exterior boundaries of the assessment Resolution No, 2517 Page 4 , . ~ district, (2) The boundaries of any zones within the district, (3) The lines and dimensions of each parcel of land within the district. Each subdivision, shall be given a separate number upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. (F) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the ~ several subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (e). When any portion or percentage of the costs and expenses of said acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. 11. If any excess shall be realized from the assessment it ~ shall be used, in such amounts as the Board may determine, in Resolution No. 2517 Page 5 ~ ~ accordance with the provisions of law, for one or more of the following purposes: (A) Transfer to the general fund of this County, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (B) As a credit upon the assessment and any supplemental assessment; or (C) For the maintenance of the improvements. 12. Barrie Fischer, Finance Officer of the District is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at 1275 Meadow Crest, P.O. Box 70542, South Lake Tahoe, California, 95705, or by calling telephone number (916) 544-6474, extension 238. 13. To the extent that any of the work, rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this District, or of any public utility, it is the intention of the Board to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section 10100) of Division 12 of the Code, which agreement may provide for, among other matters, the ownership, operation and maintenance by such agency or utility of said works, rights, improvements and acquisitions, ~ and may provide for the installation of all or a portion of such Resolution No. 2517 Page 6 ~ ~ , . improvements by said agency or utility and for the providing of service to the properties in the area benefiting from said work, rights, improvements and acquisitions by such agency or utility in accordance with its rates, rules and regulations, and that such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement. 14. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law a the time of sale of such bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 of the Code, the last installment of which bonds shall mature not to exceed thirty-nine (39) years from the second day of September next succeeding twelve months from their date. The provisions of Part 11.1 of said Division 10 of said Code, providing an alternative procedure for the advance payment and calling of bonds, shall apply to said bonds issued in these proceedings. It is the intention of the Board to create a special reserve fund pursuant to and as authorized by Part 16 of said Division 10 of said Code. It is the intention of the District that the District will obligate itself to advance available funds from the treasury of the District to cure any deficiency in the redemption fund to be created with respect to said bonds. Said bonds may be refunded pursuant to the provisions of ~ Division 11.5 of the Code upon the determination of the Board of Resolution No. 2517 Page 7 ~ ~ . . . Directors of the District that the public interest or necessity requires such refunding. Such refunding may be undertaken by the Board when, in its opinion, lower prevailing interest rates may allow reduction in amount of the installments of principal and interest upon said assessments to given to owners of property assessed for the works herein described, Said refunding bonds shall bear interest at a rate not to exceed that which is stated in the resolution of the Board expressing its intention to issue said refunding bonds, which resolution of intention shall also set forth the maximum term of years of said refunding bonds. Any adjustment to assessments resulting from the refunding will be done on a pro rata basis. The refunding shall be accomplished pursuant to Division 11.5 (commencing with Section 9500) of the Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Board finds that each of the conditions specified in the resolution of intention is satisfied and that adjustments to the assessments are on a pro rata basis, the Board may approve and confirm the report and may, without further proceedings, authorize, issue and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of said Division 11.5. 15. Reference is hereby made to proceedings had pursuant to Division 4'of the Streets and Highways Code which are on file in the office of Clerk of the Board. 16. Notice is hereby given that, in the opinion of the Board, the public interest will not be served by allowing the ~ property owners to take the contract for the construction of the Resolution No. 2517 Page 8 ... \., \. ~ 'I.. improvements and therefore that, pursuant to Section 20487 of the Public Contract Code, no notice of award of contract shall be published, PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public utility District at a duly held regular meeting on the 19th day of April , 1990, by the following vote: AYES: Directors Mason, Onysko, Pierini, Sinclair, Walker NOES: None ABSTAIN: None ABSENT: None -~~ ROBERT MASON, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST, Ide a ~(bnd;;a' PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT Resolution No. 2517 Page 9 . ~ ~ ~ . . SOUTH TAHOE PUBLIC UTILITY DISTRICT Fallen Leaf Lake Assessment District 1990-1 DESCRIPTION OF WORK Within the Fallen Leaf Lake area of the South Tahoe Public Utility District, County of El Dorado, State of California, the construction and acquisition of the following modifications to the existing sanitary sewer collection and discharge system, including the acquisition of all lands, easements, rights-of-way, licenses, franchises, and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof in accordance with plans and specifications to be approved by the South Tahoe Public Utility District: 1, Seal eleven existing air release valve vaults on the existing force main discharge line against inflow and infiltration. 2. Modify control and telemetry systems at the main export pump station to accommodate alarm modes of new pump stations and to protect the system against power surges. 3. Replace existing ejector pumps at the ejector stations numbers 1, 2 and 3 with conventional submersible grinder pumps capable of accommodating higher design flows. 4. Install new emergency generator at existing pump station number 1. 5. Remove existing vacuum valve stations numbers 1 and 2 and consolidate their functions with existing vacuum valve station number 3 and add emergency storage tanks at vacuum valve station number 3. 6. Install new air release valves to converted vacuum main and install new flow meters to read totalized flow. 7. The acquisition of all or a portion of any outstanding, unpaid assessments and the costs thereof, as required by the South Tahoe Public Utility District. EXHIBIT A Resolution No. 2517 Page 10