Resolution 2253
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• JHHW:SRC:cp 5/24/82 1145C
RESOLUTION NO. 2253
A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING
THE ASSESSMENTAND ORDERING THE WORK AND ACQUISITIONS,
DIRECTING RECORDING AND FILING OF ASSESSMENT, ASSESSMENT
DIAGRAM AND NOTICE OF ASSESSMENT, APPOINTING
COLLECTION OFFICER, AND PROVIDING FOR NOTICE
TO PAY ASSESSMENTS
ASSESSMENT DISTRICT 1982-1
(SOUTH TAHOF "Y" WATER IMPROVEMENTS)
RESOLVED, by the Board of Directors of the South Tahoe Public Utility
District, County of E1 Dorado, California, that
WHEREAS, on May 6, 1982, this Board adopted Resolution No. 2245, A
Resolution of Intention to Make Acquisitions and Improvements, and therein
directed the Engineer of Work to make and file a report in writing in
accordance with and pursuant to the Municipal Improvement Act of 1913;
WHEREAS, said report was duly made and filed, and duly considered by
this Board and found to be sufficient in every particular, whereupon it was
determined that said report should stand as the Engineer's Report for all
subsequent proceedings under and pursuant to the aforesaid resolution, and
June 10, 1982, at the hour of 5:00 o'clock p.m., in the regular meeting place
of this Board, Lake Tahoe Unified School District, District Board Room, 1021
Al Tahoe Boulevard, South Lake Tahoe, California, were appointed as the time
and place for hearing protests in relation to said proposed acquisitions and
improvements, notices of which hearing were duly and regularly posted, mailed
and published; and
WHEREAS, said hearing was duly and regularly held, and all persons
interested desiring to be heard were given an opportunity to be heard, and all
matters and things pertaining to said acquisitions and improvements were fully
heard and considered by this Board, and all protests, both written and oral,
were duly heard, considered and overruled, and this Board thereby acquired
jurisdiction to order said acquisitions and improvements and the confirmation
of said diagram and assessment to pay the costs and expenses thereof;
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as follows:
1. That the owners of one-half of the area to be assessed for the cost
of the project did not, at or prior to the time fixed for said hearing, file
written protests against the said proposed acquisitions and improvements or
the grades at which said work is proposed to be done, as a whole or as to any
part thereof, or against the said district or the extent thereof to be
assessed for the costs and expenses of said acquisitions and improvements, as
a whole or as to any part thereof, or against the engineer's estimate of costs
and expenses, in whole or in part, or against the maps and descriptions, in
whole or in part, or against the diagram or the assessment to pay for the
costs and expenses thereof, in whole or in part.
2. That the public interest, convenience and necessity require that
said acquisitions and improvements be made.
3. That the district benefited by said acquisitions and improvements
and to be assessed to pay the costs and expenses thereof, and the exterior
boundaries thereof, are as shown by a map thereof filed in the office of the
Clerk and ex-officio Secretary of the Board of Directors, which map is made a
part hereof by reference thereto.
4. That said Engineer's Report as a whole and each part thereof, to
wit:
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(a) the plans and specifications for the proposed improvements;
(b) the maps and descriptions of the lands and easements to be
acquired, if any;
(c) the engineer's estimate of the itemized and total costs and
expenses of said acquisitions and improvements, and of the incidental
expenses in connection therewith;
(d) the diagram showing the assessment district and the boundaries
and dimensions of the respective subdivisions of land within said
district; and
(e) the assessment of the total amount of the costs and expenses
of the proposed acquisitions and improvements upon the several
subdivisions of land in said district in proportion to the estimated
benefits to be received by said subdivisions, respectively, from said
acquisitions and improvements, and of the expenses incidental thereto;
are finally approved and confirmed.
5. That final adoption and approval of the Engineer's Report as a
whole, and of the plans and specifications, maps and descriptions of the lands
and easements to be acquired, estimate of the costs and expenses, the diagram
and the assessment, as contained in said report, as hereinabove determined and
ordered, is intended to and shall refer and apply to said report, or any
portion thereof, as amended, modified, revised or corrected by, or pursuant to
and in accordance with, any resolution or order, if any, heretofore duly
adopted or made by this Board.
6. That said acquisitions and improvements be made, and that said
assessment to pay the costs and expenses thereof is hereby levied. For
further particulars pursuant to the provisions of said Municipal Improvement
Act of 1913, reference is hereby made to said Resolution of Intention.
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7. That based on the oral and documentary evidence, including said
Engineer's Report, offered and received at said protest hearing, this Board
expressly finds and determines (a) that each of said several subdivisions of
land will be specially benefited by said acquisitions and improvements at
least in the amount, if not more than the amount, of the assessment
apportioned against said subdivisions of land, respectively, and (b) that
there is substantial evidence to support, and the weight of said evidence
preponderates in favor of, the aforesaid finding and determination as to
special benefits.
8. That said Clerk shall forthwith:
(a) deliver said assessment to the District Engineer, together
with said diagram, as approved and confirmed by this Board, with a
N certificate of such confirmation and of the date thereof, executed by
~r► said Clerk, attached thereto; and also cause copies of said assessment
and diagram, so certified, to be recorded with the Superintendent of
Streets of the City of South Lake Tahoe; and
(b) cause a copy of said assessment diagram and a notice of
assessment, executed by said Clerk, to be filed and recorded,
respectively, in the office of the County Recorder of the County of El
Dorado, such notice to be in substantially the form provided in Section
3114 of the Streets and Highways Code.
Said District Engineer shall record said assessment and diagram in his
office in a suitable book to be kept for that purpose, and append thereto his
certificate of the date of such recording, and such recordation shall be and
constitute the assessment roll herein.
From the date of recording of said notice of assessment, all persons
shall be deemed to have notice of the contents of such assessment, and each of
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such assessments shall thereupon be a lien upon the property against which it
is made, and unless sooner discharged such liens shall so continue for the
period of four (4) years from the date of said recordation, or in the event
bonds are issued to represent said assessments, then such liens shall continue
until the expiration of four (4) years after the due date of the last
installment upon said bonds or of the last installment of principal of said
bonds.
The appropriate officer or officers are hereby authorized to pay any and
all fees required by law in connection with the above.
9. That the District Treasurer of the South Tahoe Public Utility
District is appointed Collection Officer for said assessments and the person
to whom payment of said assessments shall be made, and that the office of said
District Treasurer, at South Tahoe Public Utility District, 1275 Meadow Crest
Drive, South Lake Tahoe, CA 95705 is designated as the place at which said
payments will be made, and the District Engineer is hereby relieved of all
responsibility in connection with collecting assessments. Said Collection
Officer, upon said recording of the assessment and diagram, shall cause Notice
to Pay Assessments to be mailed and published. Said notice shall state that
the assessment has been recorded as provided in Section 10402 of the Streets
and Highways Code, and the date thereof, that all sums assessed therein are
due and payable immediately and payment thereof is to be made to the
Collection Officer at said office within 30 days after said date of recording
the assessment, and the effect of failure to pay within such time, including
the fact that bonds will be issued pursuant to the Improvement Bond Act of
1915 to represent and upon the security of said assessments which are not paid
within said 30-day period; and, in addition, said notice to be mailed shall
contain a designation by street number or other description of the property
assessed sufficient to identify same and the amount of the assessment thereon.
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Said mailed notice shall be mailed to each owner of real property within
the assessment district at his last known address as the same appears on the
tax rolls of the County of E1 Dorado, or on file in the office of or as known
to said Clerk, or to both addresses if said address is not the same, or to the
general delivery when no address so appears; and said published notice shall
be published once a week for two successive weeks (with at least five days
intervening between the respective publication dates, not counting such dates)
in the Tahoe Daily Tribune, a newspaper published and circulated in the South
Tahoe Public Utility District.
10. It is hereby recognized by this Board that in order for certain of
the properties herein assessed to obtain the service which the water
facilities herein ordered are designed to provide (being all parcels within
the boundaries of the assessment district which are not adjacent to the water
lines herein provided for) additional water lines will have to be
constructed. Therefore, the additional facilities necessary to provide
service to said properties will hereafter be constructed by this public entity
at the expense of landowners, by means of special assessment proceedings,
subdividers' cash, advances by this District subject to reimbursements, or
other appropriate method; that all lands, easements or rights of way necessary
therefor will be acquired by gift, purchase, condemnation (except as to lands
with respect to which this District has no power to condemn) or other
appropriate method; that the owners and occupants of the lots, tracts, pieces
and parcels of land lying within the boundaries of the assessment district
shall at all times hereafter be entitled to the use and benefit of the water
facilities to be acquired and constructed herein, subject to such reasonable
rates, rules, regulations and charges as are now or may hereafter be
established by this District, and that right, permission, privilege and
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authority are hereby given and granted to the present and future owners and
occupants of the lands within said assessment district to connect all water
lines which may hereafter be constructed within the said assessment district
by them or on their behalf into and with the said water facilities to be
acquired and constructed herein, subject to the reasonable rates, rules,
regulations and charges referred to above.
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vice es en
South Taho ublic Utility District
ATTEST:
er ex-officio Secretary
I hereby certify that the foregoing is a full, true and correct copy of
Resolution No.22 53 duly and regularly adopted by the Board of Directors of
the South Tahoe Public Utility District, E1 Dorado County, at a meeting
thereof duly held on the 17th day of JUNE 1982, by the
following vote:
AYES, and in favor thereof, Directors:
OLSON, KASHUBA, WYNN, MADDEN
NOES, Directors: NONE
ABSENT: Directors: JONES
r a -officio ecretary
South Ta a ublic Utility District
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