Resolution No. 1412 WJML: RJH: gb 11/25/69 8c
RESOLUTION NO. 1 4 1 2
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
WORK AND ACQUISITIONS
ASSESSMENT DISTRICT 1968 -3G
RESOLVED, by the Board of Directors of the South Tahoe Public
Utility District, El Dorado County, California, that
WHEREAS, on the 6th day of November, 1969, said Board adopted its
Resolution of Intention No, 1354 to acquire and construct public im-
provements 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 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) 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 Wednesday, the 11th day of December, 1969 at the hour .Df 8 :30
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
kiwand place stated in said notices; and
WHEREAS, 85 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
k 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
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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 aiagram 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 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 be omitted from
f ilimpe 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.
4. That the Engineer's estimate of the itemized and total costs
and expenses of said acquisitions and improvements, and of the inci -
as modified
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 kiww -3-
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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 pro-
visions 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 dis-
trict as the same existed at the time of the passage of said Resolution
of Intention, 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
t 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,
as modified
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.
as modified
9. That said Engineer's Report/be, and the same is hereby, fi-
nally adopted and approved as a whole.
10. 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 assess-
ment in his office in a suitable book to be kept for that purpose, and
append thereto his certificate of the date df such recording, and such
recordation shall be and constitute the assessment roll herein.
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110 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 19150
12, That said District Engineer shall also give notice by
publishing a copy of a Notice to Pay Assessments by ten successive in-
sertions 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 assessments as
above provided.
16,
President
South Tahoe Public Utility District
ATTEST:
Clerk and Ex- officio Secretary
* * * * *
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I hereby certify that the foregoing is a full, true and
correct copy of a resolution 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 11th day of December , 1969, by the following
vote:
AYES, and in favor thereof, Directors: Wakeman
Kortes
Fester
Hegarty
Ream
NOES, Directors: None
ABSENT, Directors: None
Clerk and Ex- Officio Secretar
South Tahoe Public Utility District