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Resolution No. 21542522A -89a rn Cm RESOLUTION NO. 2 1 5 4 A RESOLUTION OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS FALLEN LEAF LAKE FOREST SERVICE PERMITTEES ASSESSMENT DISTRICT 1979 -1 JHHW:SSW:sc 07/13/79 RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, El Dorado County, 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. 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 more particularly shown in the records in the office of the County Recorder of E1 Dorado County, State of California, and shall be shown upon said plans. 2. 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. 3. 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 ,�,' r�4 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. 4. This Board of Directors 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. 5. 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. 6. Said contemplated acquisitions and improvements, in the opinion of this Board of Directors, 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 officg of the Clerk and ex officio Secretary, 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. 7. This Board of Directors 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, together with the fee simple interest in lands owned by the United States Department of Agriculture (Forest Service), shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 8. 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. MO 2 LI 9. Said acquisitions and improvements are hereby referred to Gretzinger & Weatherby, as Engineer of Work, being a competent engineering firm employed by said District for the purpose hereof, and said Gretzinger & Weatherby is hereby directed to make end file with the Clerk and ex officio 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; and said diagram shall also show which of said subdivisions of land are owned in fee simple by the United States Department of Agriculture (Forest Service) subject to privately owned possessory interests of permittees thereof, which possessory interests are to be assessed as hereinafter provided. (e) A proposed assessment of the total amount of the cost and expenses 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; provided that with respect to said subdivisions of land in which the fee simple interest is owned by the United States Department of Agriculture (Forest Service) subject to privately owned possessory interests of permittees thereof, such proposed assessment shall be upon the several private possessory interests therein. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this section. 3 ,� /S5 W 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 of Directors 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. Mr. James Cofer, General Manager of this 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, South Lake Tahoe, California, or by calling (916) 544 -6474. 12. 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 of Directors 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 said agency or utility of such 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 D E benefiting from said work, rights, improvements and acquisitions by said agency or utility in accordance with its rates, rules and regulations, and that said 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 eight percent (8 %) per annum, 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 nineteen (19) ,years from the second day of July next succeeding ten (10) months from their date. 14. The provisions of Part 11.1 of the Streets and Highways Code, providing for an alternative procedure for the advance payment of assessments L V and the calling of bonds, shall apply to bonds issued pursuant to paragraph 13 above. 15. Notice is hereby given that, in the opinion of this Board of Directors, 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. 16. It is hereby recognized by this Board of Directors that in order for certain of the properties herein proposed to be assessed to obtain the benefits which the sanitary sewer 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 sanitary sewer lines proposed to be constructed, as described in Exhibit "A" hereto and to be shown on the plans hereinabove ordered to be prepared), additional sanitary sewer lines will have to be constructed. It is therefore resolved, subject only to confirmation of the herein proposed assessment for the herein proposed acquisitions and improvements, as follows: that the additional facilities necessary to provide service to said properties will hereafter be constructed M 5 r by this District at the expense of landowners, by means of special assessment proceedings, subdividers' cash, advances by this District subject to reimbursement, 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 sanitary sewer 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 authority are hereby given and granted to the present and future owners and occupants of the lands within said assessment district to connect all sanitary sewer lines which may hereafter be constructed within said assessment district by them or on their behalf into and with the said sanitary sewer facilities to be acquired and constructed herein, subject to the reasonable rates, rules and charges referred to above. President South Tahoe Public Utility District ATTEST: C erk aAd eN officio Secretary * * * * * * * * * * * * * ** I hereby certify that the foregoing is a full, true and correct copy of Le Resolution No. - ZIJ 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 2Nd day of /1 0 q t_ , 1979, by the following vote: AYES, and in favor thereof, Directors: Olson, Cocking, Fieldcamp, Jones and Kashuba NOES, Directors: None ABSENT, Directors: None ler n ex officio Secretary South T oe Public Utility District C.1 2687A -89a EXHIBIT " A " SOUTH TAHOE PUBLIC UTILITY DISTRICT FALLEN LEAF LAKE FOREST SERVICE PERMITTEES ASSESSMENT DISTRICT 1979 -1 DESCRIPTION OF WORK JHHW:SSW:sc 07/18/79 sc 07/24/79 1. The construction of a sanitary sewage collection system complete with both ductile iron and high density polyethylene gravity sewer mains, junctions, cleanouts, wye branches, laterals, sewage pump station, force main and appurtenances, together with all work and appurtenances auxiliary thereto or necessary to complete the same, said collection system to consist of lines "A" and "C" through "H" more particularly described as follows: "A" LINE Beginning at Station 1 +00 at the connection with the Regional `fir Outfall System (manhole K -1), said stationing referred to herein is shown on the Fallen Leaf Lake Permittees Association Sewerage System Construction Plans; thence from said point of beginning easterly through Fallen Leaf Forest Tract through Lot 7 to Station 3 +25 within Lot 21; thence southerly at said Station 3 +25 to Station 4 +31; thence westerly from Lot 21 and running south of Lots 22 and 23 to Station 8 +98, said station being south of Lot 25; thence southerly through Lot 6 to Station 10 +91; thence westerly to Station 12 +36 Lot 32; thence southwesterly through Lot 31 to Station 15 +50, said station being south of Lot 30; thence Northwesterly to Station 17 +74 in Lot 30; thence leaving said Fallen Leaf Forest Tract in a southwesterly direction through Lot 1 of Alpine Falls Tract; thence leaving said Alpine Falls Tract and running southwesterly to Station 25 +10; thence northwesterly through Lot 8, 9, and 10 of said Alpine Falls Tract to Station 31 +40 said station being the end of the herein described line. "C" LINE Beginning at Station 19 +14 "A" Line, said point of beginning lies south of Lot 1 of Alpine Falls Tract; thence from said point of beginning running northerly and traversing Lots 1 and 2 of said Alpine Falls Tract to Station 1 +64.20, said station being the end of the herein described "C" Line. "D" LINE Beginning at Station 21 +67 "A" Line, said point of beginning lies southerly of Lot 4 of Alpine Falls Tract; thence from said point of beginning running northerly and traversing Lot 4 of said Alpine Falls Tract to Station 2 +13, said station being the end of the herein described "D" Line. "E" LINE Beginning at Station 12 +36 "A" Line within Lot 32 of Fallen Leaf Forest Tract; thence from said point of beginning running northwesterly through Lots 20 and 27 of said Fallen Leaf Forest Tract to Station 4 +28, said station being the end of the herein described line. �)/ "74 r "F" LINE Beginning at Station 8 +98 " A " Line, said point of beginning being southerly of Lot 25 of Fallen Leaf Forest Tract; thence from said point of beginning running northerly through Lots 25, 17 and 18 of said Fallen Leaf Forest Tract; thence leaving said Fallen Leaf Forest Tract and traversing Lot 11 of Stanford Tract to Station 5 +42, said station being the end of the herein described line. "G" LINE Beginning at Station 3 +50 " A " Line within Lot 21 of Fallen Leaf Forest Tract; thence from said point of beginning running northerly through Lots 21, 15 and 16 of said Fallen Leaf Forest Tract; thence continuing northerly through Lots 10, 5, 1, 2 and terminating in Lot 3 of Stanford Tract at Station 10 +00, said station being the end of the herein described line. "H" LINE Beginning at Station 3 +25 " A " Line within Lot 21 of Fallen Leaf Forest Tract; thence from said point of beginning running northerly through Lot 14 of said Fallen Leaf Forest Tract; thence continuing northerly through Lots 8, 9 and terminating in Lot 6 of Stanford Tract at Station 3 +74, said station being the end of the herein described line. 2. The acquisition of rights of service and use in the existing sanitary sewerage and sewage treatment and disposal facilities of the South Tahoe Public Utility District, other than the facilities described in paragraph 3 hereof, which help provide service to and which are of benefit to the properties within said assessment district. 3. The acquisition of rights of service and use in the trunk sewers, and appurtenances thereto, which are presently under construction pursuant to proceedings conducted by the Board of Directors of the South Tahoe Public Utility District under and pursuant to Resolution No. 1676, A Resolution of Intention to Acquire and Construct Improvements, Assessment District 1971 -1, adopted by said Board of Directors on April 6, 1972. 4. The acquisition of lands and easements and the construction of all work auxiliary to any of the above as necessary to complete the same.