Resolution No. 1594 •
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RESOLUTION NO. 1594
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
WORK AND ACQUISITIONS
ASSESSMENT DISTRICT 1970 -2
RESOLVED, by the Board of Directors of the South Tahoe Public
Utility District, El Dorado County, California, that
WHEREAS, on the 6th day of May, 1971, this Board adopted its
Resolution of Intention No. 1554, 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 Intention, as amended, 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
consideration;
WHEREAS, said Board thereupon duly considered said report and
each and every part thereof and found that it contained all the mat-
ters and things called for by the provisions of said act, including (1)
k he 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, ap-
pointed Thursday, the 12th day of August, 1971, 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 affidavits on file with said
Clerk, whereupon said hearing was duly and regularly held at the time
and place stated in said notices; and
thr WHEREAS, 33 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, at or prior to the time fixed for said
hearing file written protests against the said proposed acquisitions
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ihow
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and improvements as a whole, or against the said district or the extent
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 Res -
olution of Intention, as amended, and made a part hereof by reference
thereto. That all public streets and highways within said assessment
district in use in the performance of a public function as such shall
k ily be omitted from said assessment and from the levy and collection of the
special taxes to be hereafter levied and collected to cover the costs
and expenses of said acquisitions and improvements.
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,
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as amended, on file in the office of the Clerk of said District, ref-
erence to which is hereby made for a more particular description of
said acquisitions and improvements, and also for further particulars
pursuant to the provisions 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
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 said diagram, as contained in said
report, be, and it is hereby, finally approved and confirmed as the
iibe 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,
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 re-
r port 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, modi-
fied, revised or corrected by, or pursuant to and in accordance with any
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resolution 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 ap-
pend thereto his certificate of the date of such recording, and such
recordation shall be and constitute the assessment roll herein.
12. That said District Engineer, upon the recording of said
diagram 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 ad-
dress is not the same, or to the general delivery when no address so
appears, a statement 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, the effect of failure to pay within such time, and a
statement of the fact that bonds will be issued on the unpaid assess-
ments 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 by ten successive inser-
tions in the Tahoe Daily Tribune, a newspaper published in said Dis-
trict 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,
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and of the fact that bonds will be issued upon unpaid assessments as
above provided.
Presi•ent
South Tahoe Public Utility District
ATTEST:
c4)- (. Ce
Clerk and Ex officio Secretary
I hereby certify that the foregoing is a full, true and correct
copy of Resolution No. 1594 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 August , 1971, by the following vote:
AYES, and in favor thereof, Directors: Wakeman, Kortes, Fesler,
and Ream
NOES, Directors: None
ABSENT, Directors: None
ABSTAIN, Directors: Hegarty
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Clerk and Ex offic o ecrea
South Tahoe Public Utility District
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