Resolution No. 1748 WJML : RJH : goal 10/16/72 8c
RESOLUTION NO. 1 7 4 8
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
WORK AND ACQUISITIONS
ASSESSMENT DISTRICT 1972 -1.
RESOLVED, by the Board of Directors of the South Tahoe Public
Utility District, El Dorado County, California, that
WHEREAS, on the 21st day of September, 1972, this Board adopted
its Resolution of Intention No. 1695 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 acquisi-
tions and improvements in and for said District of the kind described
in said Resolution of Intention 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
act, whereupon said Board, pursuant to the requirements of said act,
appointed Thursday, the 26th day of October, 1972, 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 time
and place stated in said notices; and
WHEREAS, 13 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.
NOW, THEREFORE, said Board does hereby FIND, DETERMINE AND ORDER
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 as a whole, or against the said district the extent
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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 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.
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 enginepr'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
thy 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 and also the boundaries
and dimensions of the respective subdivisions of land within said
kir
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district as the same existed at the time of the passage of said Resolu-
tion of Intention, each of which subdivisions having been given a sepa-
rate number upon said diagram, as contained in said report, be, and it
is hereby, finally approved and confirmed as the diagram of the proper-
ties 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,
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
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
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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 state-
ment containing a designation by street number or other description 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, which time shall be extended to February 1, 1973, the effect of
failure to pay within such time, and a statement of the fact that bonds
,, will be issued on the unpaid assessments pursuant 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 on or before February 1, 1973, such
time of payment being extended beyond thirty (30) days after the date of
recording said assessment, which date of recording said assessment shall
be stated in said notice, and of the fact that bonds will be issued upon
unpaid assessments as above provided.
President
South Tahoe Public Utility District
ATTEST:
Cler and Ex o c o Secre ary
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•
I hereby certify that the foregoing is a full, true and cor-
rect copy of Resolution No. 17 48 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 26th day of OCTOBER , 1972, by the Following vote:
AYES, and in favor thereof, Directors: Wakeman
Kortes
Fesler
Hegarty
Ream
NOES, Directors: None
ABSENT, Directors: None
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Clerk and Ex officio Secretary
South Tahoe Public Utility District
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