Resolution No. 1407 WJML :RJH:gb 11/25/69 8c
RESOLUTION NO. 1407
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
WORK AND ACQUISITIONS
ASSESSMENT DISTRICT 1968 -3F
RESOLVED, by the Board of Directors of the South Tahoe Public
Utility District, El Dorado County, California, that
WHEREAS, on the 2nd day of October, 1969, said Board adopted its
Resolution of Intention No. 1340, 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 con-
struction 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) 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 llth day of December, 1969, at the hour of
8 :00 o'clock p.m. of said day in the district office, Johnson Road near
junction with Black Bart Street, Tahoe Valley, California, as the time
and place for hearing protests in relation to said proposed acquisi-
tions 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
WHEREAS, 67 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 descrip-
tions, 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
-2-
thir
said hearing file written protests against the said proposed acquisitions
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
Resolution of Intention, as amended, and made a part hereof by reference
thereto. That all public streets and highways within said assessment
kw district in use in the performance of a public function as such, to-
gether with the fee simple interest in lands owned by the U. S. Depart-
ment of Agriculture (Forest Service), shall be omitted from said assess-
ment and from the levy and collection of the special taxes to be hereaf-
ter 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, as
thile modified, 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
-3-
described in and in accordance with said Resolution of Intention, as
amended, on file in the office of the Clerk of said District, reference
to which is hereby made for a more particular description of said acqui-
sitions 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 upon said diagram, as contained in said re-
port, 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 or private possessory interests therein, within
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, as
modified, 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, as modified, be, and the same is
e hereby, finally adopted and approved as a whole.
10. That the Clerk shall forthwith deliver to the District
Engineer the said assessment, together with said diagram thereto at-
tached and made a part thereof, as confirmed by this Board, with his
certificate 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
-4-
` r
such recordation shall be and constitute the assessment roll herein.
11. That said District Engineer, upon the recording of said dia-
gram and assessment, shall mail to each owner of real property, irlcluding
owners of private possessory interests in land in which the fee simple
interest is owned by the United States Department of Agriculture (Forest
Service), 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
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.
12. 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 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 record-
ing 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.
C
President
South Tahoe Public Utility District
ATTEST:
Clerk and Ex-of icio Secretary
-5-
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 11 th day of December , 1969, by the following
vote:
AYES, and in favor thereof, Directors: Wakeman
Kortes
Fesler
Hegarty
Ream
NOES, Directors: None
ABSENT, Directors: None
Z- --- aL "
Clerk and Ex- Officio Secretary
South Tahoe Public Utility District