Resolution No. 1968 4 P.
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RESOLUTION NO. 1968
A RESOLUTION DETERMINING THAT PROTEST HEARING BE
REOPENED IN COMPLIANCE WITH MEMORANDUM DECISION
OF SUPERIOR COURT FOR LIMITED PURPOSE SPECIFIED
IN SAID DECISION, SETTING TIME AND PLACE OF SAID
HEARING, DIRECTING MANNER OF GIVING NOTICE OF
SAID HEARING, AND DETERMINING INTENTION TO TAKE
SUCH ACTION AFTER SAID REOPENED HEARING AS RE-
QUIRED BY THE PUBLIC INTEREST, CONVENIENCE AND
NECESSITY
ASSESSMENT DISTRICT 1971 -1
RESOLVED, by the Board of Directors of the South Tahoe
Public Utility District, El Dorado County, California, that
WHEREAS, in the proceedings conducted by this Board pur-
suant to and under its Resolution of Intention No. 1676, adopted
on April 6, 1972, and subsequently amended, a written report made
by the District Engineer in accordance with and pursuant to the
Municipal Improvement Act of 1913 was duly filed with the Clerk of
the District, and this Board duly determined that such report should
stand as the report for all subsequent proceedings under said Act
and appointed Thursday, the 23rd day of July, 1973, as the date for
hearing protests in relation to the proposed acquisitions and im-
provements;
WHEREAS, notices of said hearing were duly and regularly
posted, mailed and published as required by said Act, and said
hearing was duly and regularly held;
WHEREAS, in said proceedings this Board thereafter adopted
its Resolution No. 1830, A Resolution and Order Adopting Engineer's
Report, Confirming the Assessment and Ordering the Work and Acquisi-
tions;
WHEREAS, on August 14, 1973, said proceedings and said
assessment were attacked by the filing of a Complaint in the
Superior Court of the State of California for the County of El
Dorado in Case No. 22677, entitled Fallen Leaf Protection Associa-
tion, et al., Plaintiffs, vs. South Tahoe Public Utility District,
Defendant; and
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WHEREAS, by Memorandum Decision dated August 8, 1975, the
Judge of said Court found that said assessment proceeding was not
properly conducted and remanded the matter to this Board for the
limited purpose of allowing the right to cross - examine Mr. Noble
Murray and to allow the rebuttal evidence of Mr. Jim Brett;
NOW, THEREFORE, THIS BOARD DOES HEREBY FIND, DETERMINE
and ORDER as follows:
1. That, in accord with advice of its legal counsel, said
finding and remand contained in said Memorandum Decision by said
Court is interlocutory in nature and, therefore, for the purpose of
complying with said remand said protest hearing should be reopened
for said limited purpose.
2. That after such cross - examination of said Noble Murray
and such rebuttal evidence of said Jim Brett as may be made and
offered at said reopened hearing, this Board will reconsider and
determine whether said Resolution No. 1830 should be amended or
rescinded, and whether changes and modifications should be made in
said proceedings; and that it is the intention of this Board to
make such changes and modifications in said proceedings pursuant to
said Resolution of Intention No. 1676 as this Board may determine to
be required, if any, by the public interest, convenience and necessity.
3. THAT Thursday , THE 13th DAY OF November , 1975, AT
THE HOUR OF 7:00 O'CLOCK P.M., AT THE DISTRICT OFFICE, 1275 MEADOW
CREST DRIVE, SOUTH LAKE TAHOE, CALIFORNIA, BE, AND THE SAME ARE
kie APPOINTED AND FIXED AS THE TIME AND PLACE WHEN AND WHERE THIS BOARD
WILL REOPEN SAID PROTEST HEARING FOR SAID LIMITED PURPOSE. For
further particulars reference is hereby made to said Resolution of
Intention, as amended, and the proceedings had by this Board pur-
suant thereto, and said filed report, including the diagram and
assessment, all on file in the office of the Clerk of this District,
and to the proceedings in said Case No. 22677, on file with the
Clerk of said Court.
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4. That the Clerk of this District be, and is hereby,
directed to give notice of said reopened hearing by causing copies
of this resolution to be (a) published once a week for two weeks
in the Tahoe Daily Tribune, a newspaper published and circulated
in said District and the newspaper in which the Notice of Improve-
ment under said Resolution of Intention was published, (b) conspi-
cuously posted along all the open streets within the assessment
district at not more than three hundred feet apart, and not less
than three in all, and (c) mailed, postage prepaid, to all persons
owning real property to be assessed, whose names and addresses
appear on the last equalized assessment roll for the County of
El Dorado or who are known to the Clerk, and to James Norman
thy and Norman & Eames, 1409 Lincoln Way, Auburn, California 95603,
attorneys for the Plaintiffs in said Case No. 22677. Said first
publication, posting and mailing shall be made and completed at
least twenty days before the date set for said reopened hearing.
President
South Tahoe Public Utility District
ATTEST:
2 a--- art-
Clerk and ex- officio Secretary •
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I hereby certify that the foregoing is a full, true and
correct copy of Resolution No. 1968 duly and regularly adopted
by the Board of Directors of the South Tahoe Public Utility Dis-
trict, El Dorado County, California, at a meeting thereof duly held
on the l8th day of SeptembeD 1975, by the following vote:
AYES, and in favor thereof, Directors: Kortes, Fester,
Hegarty and Wakeman
NOES, Directors: None
ABSENT, Directors: None
(110
40L C 1 ‘.— 0„e4f
Clerk and ex- officio Secretary
South Tahoe Public Utility District
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