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Resolution No. 82KWHW: EAW: S: rs 8/31/56 8c RESOLUTION NO. OF DETERMINATION, UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, TO PROCEED WITH PROCEEDINGS FOR IMPROVEMENTS SANITARY SEWERAGE PROJECT NO. 56-1 RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, that WHEREAS, in accordance with the order of this Board a report has been filed with this Board pursuant to Division 4 of the Streets and Highways Code for the acquisition and construction of public improvements in and for said District, hereinafter describe. WHEREAS.~ Monday, the 10th day of September, 1956 at the hour of 2:30 o'clock P.M. in the Bijou Theater, Bijou, California, were fixed by this Board as the time and place for hearing upon said report; and notice of said hearing has been duly given to all persons interested in the manner and for the time provided by law, as appears from affidavits thereof on file with the clerk; WHEREAS, this Board determined that said report should be heard before this Board, it being the legislative body of said District, and at said hearing on the report, the report, except as to the map, plat or diagram and the assessed valuations, true valuations and estimated assessments upon each parcel of land, was read before protests were considered~ and ~fHEREAS, all persons interested desiring to be heard were fully heard, and all oral protests or objections made at the hearing to the ordering of the things proposed to be done, and all written protests to the ordering of said things or relating to the regularity or sufficiency of the proceedings setting forth the irregularity or defect to which objection was made, and which were filed with the Clerk of this District at or before the time fixed for the hearing, were fully heard and considered by the Board; WHEREAS, said improvements are described as follows: The construction of standard sewer main pipes with manholes and appurtenant structures in: (a) Fairway Avenue from U. S. Highway 50 southerly to opposite Lot 177 easterly of the southerly portion of Glenwood Way, and the northerly branch of Glenwood Way from Fairway Avenue westerly to Fawn Way, and thence northerly along the easterly branch of Fawn Way; (b) Bijou Park Boulevard between U. S. Highway 50 and Pioneer Trail; (c) Mountain View Avenue between U. S. Highway 50 and Meadow Edge Avenue: (d) Pentagon Road for its full length, and Midway Road between the two ends of Pentagon Road, and in an existing easement along the dividing lines between Lots 5 and 6, Map of Pentagon Tract; and (e) Fern Road between U. S. Highway 50 and Lot 1, Block 1, Map of Pinewood Park. NOW, THEREFORE, IT IS ORDERED, as follows: 1. That said improvements constitute a single compre- hensive scheme for the construction of said improvements as des- cribed in Resolution No. 70 of Preliminary Determination for these proceedings heretofore adopted by this Board on August 8, 1956. 2. That the owners of more than one-half of the area of the property to be assessed for the improvements have not filed with the Clerk of this District at or before the time fixed for said hearing, or at all, written protests or objections to the ordering of the things proposed to be done~ contained in said report. 3. That the owners of more than one-half of said area to be assessed have not~ either orally or in writing, protested ~ objected to the ordering of said things proposed to be done, and that each and all of said protests are hereby overruled. 4. That said report and the proceedings heretofore had thereon or therefor are valid and fully conform with the provisions of Division 4 of the Streets and Highways Code, and all protests in writing relating to the regularity or sufficiency of the proceed- -2- ings~ filed with said Clerk of this District at or before the time fixed for said hearing, are hereby overruled. 5. That the public interest, convenience and necessity require the improvements set forth in said report, that said pro- posed project is feasible and that the lands to be assessed there- for will be able to carry the burden of such proposed assessments, and the limitations on the amounts of the assessments provided for in said Division 4 may be disregarded, both with respect to the limitations on the district as a whole, and as to the limitations on individual, specific assessments. 6. The lands proposed to be specially assessed to pay the costs and expenses of said improvements, are all as shown on the diagram of the proposed assessment district, which is a part of the report of the District Engineer of said District. 7. Proceedings for the construction of said improve- ments will be had pursuant to the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and the Municipal Improvement Act of 1913, and the bonds upon the unpaid assessments will be issued pursuant to the Improvement Bond Act of 1915. ATTEST I hereby certify that the foregoing resolution was adopted at an adjourned regular meeting of the Board of oirectors of the Tahoe Public Utility District held on the South day of September, 1956, by the following vote: AYES, and in favor thereof, Directors: Young, Bernhardt, Goeringer NOES, Directors: None ABSENT, Directors: None KWHW: EAW: jm 8/13/56/3 AFFIDAVIT OF MAILING NOTICE TO PROPERTY OWNERS PROJECT NO. 56-1 STATE OF CALIFORNIA SS. County of San Mateo Jeanne McGuire, being first duly sworn, deposes and says: That for and on behalf of the Secretary of the South Tahoe Public Utility District, and on August 9, 1956, affiant mailed notice of the adoption of Resolution of Intention No. 72 adopted by the Board of Directors of said District and of the filing of the Engineer's report therein referred to, postage prepaid, to all persons owning real property proposed to be assessed under said Resolution of Intention, according to their names and addressc as appear on the last equalized assessment roll for County taxes, or as known to the District Secretary, in form a copy of which notice is hereto attached and marked Exhibit "A". Said notice contained a statement of the time, place and purpose of the hearing on said Resolution of Intention and report, and a state- ment of the estimated cost of the proposed improvements, and the amount, as shown by said report, to be assessed against the parti- cular parcel or parcels covered by the notice, together with a statement that any person interested may file a protest in writing as provided in the Municipal Improvement Act of 1913. Subscribed and sworn to before me this 13th day of August, 1956. Notary Public in and for the County of San Mateo, State of California. EXHIBIT "A" NOTICE TO PROPERTY OWNERS PROJECT NO. 56-1 NOTICE IS HEREBY GIVEN that the Board of Directors of the South Tahoe Public Utility District, on August 8, 1956 adopted its Resolution of Inten- tion No. 72 to order the construction of standard sewer main pipes with manholes and appurtenant structures in (a) Fairway Avenue from U. S. Highway 50 southerly to opposite Lot 177 easterly of the southerly portion of Glenwood Way and the northerly branch of Glenwood Way from Fairway Avenue westerly to Fawn Way, and thence northerly along the easterly branch of Fawn Way; (b) Bijou Park Boulevard between U. S. Highway 50 and Pioneer Trail; (c) Mountain View Avenue between U. S. Highway 50 and Meadow Edge Avenue; (d) Pentagon Road for its full length, and Midway Road between the two ends of Pentagon Road, and in an existing easement along the dividing lines between Lots 5 and 6, Map of Pentagon Tract; and (e) Fern Road between between U. S. Highway 50 and Lot l, Block 1, Map of Pinewood Park. Said Resolution of Intention was adopted pursuant to the Municipal Improvement Act of 19lB and bonds are to be issued upon the unpaid assess- ments pursuant to the Improvement Bond Act of 1915, said bonds to mature over a period of 15 years. A report consisting of plans, specifications, estimate of costs and expenses and diagram and assessment has been prepared by the District Engi- neer and filed with the District Secretary. The estimated cost of said project is $78,656.69. NOTICE IS FURTHER GIVEN that MONDAY, the 10th day of SEPTEMBER, 1956, at the hour of 2:30 o'clock P.M. of said day, in the Bijou Theater, Bijou, California, are the time and place fixed by said Board when and where it will consider and finally act upon the Engineer's report, and when and where it will hear all protests in relation to said proposed improvements, or the grades at which the work shall be done, or the extent of the assessment dist- rict, or the estimate of the costs and expenses thereof, or the proposed diagram and assessment, and that any person interested may file a w~itten protest with the District Secretary at or before the time set for the hearing referred to herein. A period of 30 days from the date of recording the assessments will be allowed to pay assessments in cash. Unpaid assessments will become pay- able in 15 equal annual installments with interest on the decreasing balance upon the issuance of assessment bonds. Dated: August 8, 1956. W.A. Ygun$ seC~et~rY of the'south Tahb'e' Pubiic Utility District Your estimated assessment is as follows: Assessment No. pr0pert~ Description Amount