Resolution 2239
76~SB JHHW:SRC:sc 12/30/81
RESOLUTION NO. 2 2 3 9
A RESOLUTION OF INTENTION TO
MAKE ACQUISITIONS AND IMPROVEMENTS
ASSESSMENT DISTRICT 1982-1
(SOUTH TAHOE "Y" WATER IMPROVEMENTS)
RESOLVED, by the Board of Directors of the South Tahoe Public Utility
District, County of El Dorado, California, that the public interest, convenience
and necessity require, and that it intends to order the making of the acquisitions
and improvements described in Exhibit "A" attached hereto and made a part hereof.
1. 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.
2. 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 E1 Dorado, State of
California, and shall be shown upon said plans.
3. 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.
4. 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.
5. This 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.
6. The descriptions of the acquisitions and improvements and the termini
of the work contained in this Resolution are 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.
7. Said contemplated acquisitions and improvements, in the opinion of
this 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
Secretary of the Board of Directors, to which reference is hereby made for further
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particulars. Said map indicates by a boundary line the extent of the territory
w included in the proposed district and shall govern for all details as to the extent
of the assessment district.
8. This 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.
9. Said acquisitions and improvements are hereby referred to William F.
Pillsbury, Inc., as Engineer of Work of this District, a competent person employed
by this District for the purpose hereof, and said Engineer of Work is hereby
directed to make and file with said Secretary 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 improvements to be made
pursuant to this Resolution;
(c) Engineer's estimate of the total costs and expenses of said
acquisitions and improvements and of the incidental expenses in connection
therewith;
(d) Diagram showing the assessment district above referred to, and
also the boundaries and dimensions of the respective subdivisions of land within
said district as the same existed at the time of the passage of this Resolution,
each of which subdivisions shall be given a separate number upon said diagram;
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(e) A proposed assessment of the total amount of the cost and expenses
Irr of said acquisitions and improvements upon the several subdivisions of land in said
district in proportion to the estimated benefits to be received by such
subdivisions, respectively, from said acquisitions and improvements. Said
assessment shall refer to said subdivisions by their respective numbers as assigned
pursuant to subparagraph (d) of this paragraph.
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.
10. If any excess shall be realized from the assessment it shall be used,
in such amounts as this Board may determine, in accordance with the provisions of
law, for one or more of the following purposes:
(a) Transfer to the general fund of this District, 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.
11. Bob Baer, Assistant District Engineer of the South Tahoe Public Utility
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 Meadowcrest Drive, P. 0. Box AU, South Lake Tahoe, California, or by
calling (916) 544-6474.
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11, 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 this 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 Streets and Highways 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 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.
13. 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 at
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 Streets and Highways Code, the
last installment of which bonds shall mature not to exceed twenty-four (24) years
from the second day of July next succeeding ten (10) months from their date.
14. The provisions of Part 11.1 of Division 10 of the Streets and Highways
Code, providing for an alternative procedure for the advance payment of assessments
and the calling of bonds, shall apply to bonds issued pursuant to paragraph 13
above.
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> C/
11, 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 said Secretary
including the written report prepared pursuant to said Division 4, which report may
be examined at said office.
16. Notice is hereby given that, in the opinion of this Board, the public
interest will not be served by allowing the property owners to take the contract
for the construction of the improvements and therefore that, pursuant to Section
10502.4 of the Streets and Highways Code, no notice of award of contract shall be
published.
17. Notice is hereby given that it is the intention of this Board to
consider adoption of an ordinance, pursuant to Section 10205 of the Streets and
Highways Code, authorizing contributions by the South Tahoe Public Utility
District, from any sources of revenue not otherwise prohibited by law, of a
specified amount, portion or percentage of such revenues, for the purpose of
acquisition or construction of improvements, the acquisition of interests in real
property and the payment of expenses incidental thereto for the use and benefit of
the assessment district contemplated by this Resolution, and to consider
authorizing application of such revenues as a credit upon the assessment proposed
to be levied in proceedings pursuant hereto.
18. It is hereby recognized by this Board that in order for certain of the
properties herein proposed to be assessed to obtain the benefits which the water
facilities herein proposed to be ordered will be designed to confer (being all
parcels within the boundary of the assessment district which are not adjacent to
the water lines proposed to be constructed, as described in Exhibit "A" hereto and
to be shown on the plans hereinabove ordered to be prepared), additional water
lines will have to be constructed. It is therefore resolved, subject only to
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confirmation of the herein proposed assessment for the herein proposed acquisitions
and improvements, as follows:
(a) Upon request of a landowner, the additional facilities necessary
to provide service to said landowner's property will hereafter be constructed by
the South Tahoe Public Utility District, and all land, easements or rights of way
necessary therefor will be acquired by gift, purchase, condemnation (except as to
lands which the District has no power to condemn) or other appropriate method at
the landowner's expense, by using, as determined by the District, either
landowner's cash payments, special assessment proceedings, advances by the
District subject to reimbursement, any other appropriate method, or a combination
thereof; and
(b) 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 the South Tahoe Public
Utility District, and that right, permission, privilege and 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 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 and charges referred to above.
19. It is the intention of this Board to create a special reserve fund
pursuant to and as authorized by Part 16 of Division 10 of the Streets and Highways
Code of the State of California.
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20. Notice is also hereby given of the intention of this Board to consider
the adoption of an ordinance authorizing the payment by the District of certain
specified assessments from funds of the District lawfully available therefor,
subject to provisions for the reimbursement thereof also to be specified in said
ordinance.
P~2si'dent
outh Tahoe Pu is Utility District
ATTEST:
Clerk/nd ex officio Secretary
I hereby certify that the foregoing is a full, true and correct copy of
Resolution No. 2239 duly and regularly adopted by the Board of Directors of the
South Tahoe Public Utility District, E1 Dorado County, California, at a meeting
thereof duly held on the 13thday of FEBRUARY 1982, by the following
vote:
AYES, and in favor thereof, Directors:
JONES, OLSON, KASHUBA, MADDEN, WYNN
NOES, Directors:
NONE
ABSENT Directors:
1 ONE
erk `d officio Secretary
South Tahoe Public Utility District
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• 7727B 01/04/82
,72
r a) The construction of 8-inch water lines, together with valves, fittings,
appurtenances and fire hydrants in the following portions of the following
streets in the City of South Lake Tahoe, California (all distances are
approximate and all Assessor's Parcel Numbers are shown as "APN"):
1) Commencing in the southeastern corner of the intersection of Tahoe Keys
Boulevard and James Avenue and extending therefrom along the southeastern
side of James Avenue southwesterly, 1,050 feet to a point of connection
with an existing 8-inch water line on the southeastern corner of James
Avenue and 3rd Street;
2) Commencing in an existing stub in the center of the intersection of 3rd
Street and Eloise Avenue and extending northwesterly in 3rd Street 450
feet to the intersection of 3rd street and Ruth Avenue, thence
southwesterly in Ruth Avenue, 100 feet to a point adjacent to the
westernmost corner of APN 23-311-13;
3) Commencing in an existing stub in the center of the intersection of 3rd
Street and Eloise Avenue and extending southwesterly in Eloise Avenue
1,200 feet to a point in Eloise Avenue adjacent to the southernmost corner
of Assessor's Parcel No. 23-201-26;
4) Commencing in the line described in a)3) above in the northwestern corner
of the intersection of Eloise Avenue and James Avenue and extending
southeasterly in James Avenue, 250 feet to the northernmost corner of APN
23-201-11, thence southeasterly across the northern portion of said APN
350 feet to a point of connection with an existing 8-inch water line in U.
S. Highway 50;
5) Commencing in the line described in a)4) above in the northwestern side of
the U. S. Highway 50 right of way and adjacent to the easternmost corner
of APN 23-201-11 and extending southwesterly and westerly along the
northwestern side of Highway 50, 600 feet to a point adjacent to the
southernmost corner of APN 23-201-67, thence northerly along the eastern
side of Dunlop Drive 530 feet to a point of connection with the line
described in a)3) above, and continuing northerly along said eastern side
of Dunlop Drive 520 feet to a point adjacent to the westernmost corner of
APN 23-311-23, thence northeast along the southeastern side of Ruth
Avenue, 75 feet to a point of connection with an existing 6-inch water
line adjacent to the easternmost corner of said APN 23-311-23;
b) The construction of fire hydrants and required appurtenances in existing water
lines at the following locations:
1) In Ruth Avenue at a point adjacent to the westernmost corner of APN 23-
311-48; and
EXHIBIT A
Assessment District 1982-1
(South Tahoe "Y" Water Improvements)
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2) In Eloise Avenue at a point adjacent to the boundary of APN 23-211-48, 600
feet northeast of the intersection of Eloise Avenue and 3rd Street;
c) The acquisition of rights of way and the construction of all auxiliary work
necessary to complete the above described improvements.
EXHIBIT A
Assessment District 1982-1
(South Tahoe "Y" Water Improvements)
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