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Resolution No. 1830 t kr RESOLUTION NO. 1830 Ak A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS ASSESSMENT DISTRICT 1971 - RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, El Dorado County, California, that WHEREAS, on the 6th day of April, 1972, this Board adopted its Resolution of Intention No. 1676, as subsequently amended, to acquire and construct public improvements in said District, and referred the proposed acquisitions and improvements to the District Engineer of said District, he being the officer having charge and control of the construction of acquisitions and improvements in and for said District of the kind described in said Resolution of Inten- tion, and being a competent person appointed by said Board for that purpose; WHEREAS, said Board thereby directed said District Engineer to make and file with the Clerk of said District a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913; WHEREAS, said report was duly made and filed with the Clerk of said District, whereupon said Clerk presented it to the Board for con- sideration; WHEREAS, said Board thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said act, including (1) maps and descriptions of lands and easements to be acquired, (2) plans and specifications of the proposed improvements, (3) estimate of costs, (4) diagram of district, and (5) an assessment according to benefits, all of which was done in the form and manner required by said act; WHEREAS, said Board found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said k or act, whereupon said Board, pursuant to the requirements of said act, appointed Thursday, the 23rd day of July, 1973, at the hour of 8:00 o'clock p.m. of said day in the district office, Treatment Plant, John- son Road near junction with Black Bart Street, Tahoe Valley, California, as the time and place for hearing protests in relation to said proposed acquisitions and improvements, and directed the Clerk of said District to give notice of said hearing as required by said act; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner re- quired by said act, as evidenced by the certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the 4 1110 , and place stated in said notices; and WHEREAS, 213 persons interested, objecting to said acquisi- tions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, or to the grades at which said work will be done, or to the engineer's estimate of the costs and expenses thereof, filed written protests with the Clerk of said District at or before the time set for hearing, 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 said Board, and said protests were overruled, and said Board has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof. k ire NOW, THEREFORE, said Board does hereby FIND, DETERMINE AND ORDER as follows: a majority or more 1. That the owners of/ of the area to be assessed for the cost of the project did , at or prior to the time fixed for said hearing file written protests against the said proposed acquisitions and improvements as a whole, or against the said district or the extent -2- thereof to be assessed for the costs and expenses of said acquisitions and improvements as a whole, or as to the engineer's estimate of said costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and improve- ments and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particularly described in said Resolution of Intention, as amended, and made a part hereof by reference thereto. 3. That the plans and specifications for the proposed improve- ments, contained in said report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention, as amended. 4. That the engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the inci- dental expenses in connection therewith, contained in said report be, and it is hereby, finally adopted and approved as the engineer's total and detailed estimate of the costs and expenses of said acquisitions and improvements. 5. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, be, and the same are hereby, finally approved and confirmed. 6. That the public interest and convenience require, and said Board does hereby order the acquisitions and improvements to be made as described in and in accordance with said Resolution of Intention on file in the office of the Clerk of said District, reference to which is hereby made for a more particular description of said acquisitions and improvements, and also for further particulars pursuant to the provi- sions of said Municipal Improvement Act of 1913. 7. That the diagram showing the assessment district referred to and described in said Resolution of Intention, as amended, and also the boundaries and dimensions of the respective subdivisions of land within -3- said district as the same existed at the time of the passage of said Resolution of Intention, as amended, each of which subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 8. That the assessment of the total amount of the costs and ex- penses 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, k illy contained in said report, be, and the same is hereby finally approved and confirmed as the assessment to pay the costs and expenses of said acquisitions and improvements. 9. That said Engineer's Report be, and the same is hereby, fin- ally adopted and approved as a whole. 10. That the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, maps and descriptions of the lands and easements to be acquired, 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 res- olution or order, if any, heretofore duly adopted or made by this thy Board. 11. That the Clerk shall forthwith deliver to the District Engi- neer the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by this Board, with his certifi- cate of such confirmation thereto attached and of the date thereof; and that said District Engineer shall record said diagram and assessment 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 4 6r - recordation shall be and constitute the assessment roll herein. 12. That said District Engineer, upon the recording of said dia- gram and assessment, shall mail 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 El Dorado or on file in the office of the Clerk of said District, or to both addresses if said address is not the same, or to the general delivery when no address so appears, a statement containing a designation by street number or other descrip- tion of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on the unpaid assessments pursu- ant to the Improvement Bond Act of 1915. 13. That said District Engineer shall also give notice by pub- lishing a copy of a Notice to Pay Assessments once a week for two con- secutive weeks in the Tahoe Daily Tribune, a newspaper published in said District that said assessment has been recorded in his office, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made thirty (30) days after the date of recording said assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assess- ments as above provided. President South Tahoe Public Utility District ATTEST: le Clerk an• x o ficio Secretary -5- I hereby certify that the foregoing is a full, true and cor- rect copy of Resolution No. 1830 duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, El Dorado County, California, at a meeting thereof duly held on the 23rd day of July , 1973, by the following vote: AYES, and in favor thereof, Directors: Wakeman Kortes Fester Hegarty Ream NOES, Directors: None i hre ABSENT, Directors: None Clerk and Ex officio Secretary South Tahoe Public Utility District L L