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Resolution No. 256KWHW: JHH: amf 10-27-50 8C RESOLUTION N0. ~ A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT~ CONFIRMING THE ASSESSMENT AND ORDERING T~IE WORK AND ACQUISITIONS SANITARY SEWERAGE PROJECT NO. 1960-3 RESOLVED by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, that WI{EREAS., on the 25th day of August, 1960, said Board adopted its Resolution of Intention No. 213 to acquire and construct public improvements in said District, and referred the ~roposed acquisi- tions and improvements to the Engineer of Work of said District, he being the officer having charge and control of the acquisition and construction of improvements in and for said District of the kind described in said Resolution of Intention and being a competen person appointed by said Board for that purpose; WHEREAS, said Board thereby directed said Engineer of work to make and file with the Clerk of said Board a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913, as amended; VCHEREAS.~ 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 t~ereof and found that it contained all the matters and things called for by the provisions of said Act, including (I) maps and descriptions of lands and easements to be acquired, (2) plans and specifications of the proposed improvement, (3) estimate of costs (4) diagram of district, and (5) an assess- ment according to benefits, all of which was done in the form and manner required by said Act; W~REAS, said Board found that said report and each and ever~ part thereof was sufficient in every particular and determined thatI 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 3rd day of November, 1960, at the hour of 2:00 o'clock P.M. of said day in the Clarke Building, Highway 50 and Beach Boulevard, South Tahoe, California, as the time and place for hearing protests in relation to said proposed acquisitions and improvements, and directing 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, ~iled and published in the time, form and manner required by said Act, as evidenced by the affidavits on file with said Clerk, whereupon said hearing was duly and regularl~ held at the time and place stated in said notice; and WHEREAS, ~~] persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram or to ~he maps and descriptions or to the grades at which said work will be done, or to the Engineer's estimate of tae costs and expenses thereof, filed written protests with the Clerk of said District at or befor~ 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 ~y said Board, .~ and said Board has acquired jurisdiction to order said acquisition~ and improvements and the confirmation of said diagram and assess- ment to pay the costs and expenses thereof. NOW, T~REFORE, said Board does hereby' FIND, DETERMINE and ORDER, as follows: t. 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 -2- for 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 i the maps and descriptions cz~ against the diagram and assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions an~ improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particula~:~ly described in said Resolution of Intention and made a part hereof by reference thereto. That all public streets and highways wit~i~ said assessment ~istrict in use in the pe~formance of a public function as such shall be omitted from said district and from the levy and collection of the special taxes to be hereafter levie¢~ and collected to cover the costs a~d expenses of said acquisitio~as and improvements. 3. That the plans and specifications for the proposed im- provements, contained in said report, be, and they are hereby, finally adopted an~ approved as the plans and specificstions to which said work shall be done as called for in s~id Resalution of Intention. 4. That t~e Engineer's estimate of the itemizem a~d ~otal e ~ and of costs and expenses of ssid acquisitions and improvements, the incidental expenses in connection therewith, contained in said report, be~ and it is hereby, finally adopVed arid approved as the Engineer's total and detailed estimate of the costs and expenses '~ .~t ~.~ .... and ~_mprovemen ~o. of sazd acquis~ '~'~ ' ~'~ 5. That the maps snd descriptions of the lands and easememts to be acquired, as contained in said report, be, and the same az~e hereby~ finally approved and confirmed. -3- 6. That the public interest and convenience require~ and said Board does he~eby order the acquisition, s and improvements to be made as described in and in accorda~ce with said. Resolution Incent!o.. on file in the office of the Clerk of said District deoc~ reference to w~ich is hereby made for a ~ore particular ~ ~' of said acquisitions and improvements, and also for furt~e.~ partio~. lars pursuant to the provisions of said Municipal Improvement of !913~ as amanded. 7 That the diagram showing the assessment district r .... to and described in said Resolution of Intention, and also the boundaries and di~e~sions of the respective subdivisions of land within said district as the same exmste.~ at the time of the~ o~e of said Resolution of Intentio~n, eaci'~ of which subdi~isions i-~avi~'~g 'been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved an~ confirmeG as the diagram of the propert2es 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 expenses of the proposed acq~ls.:_uior~s and im-o~ovements upon the several subdivisions of land in said district i~-~. proportion to the estimated benefits to be receive~ by said subdivisions, resgectively, from said acquisitions and improvements, and of tt~e expe~sses incidental thereto~ con~aine(~ in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expe~ses of said acquisitions and improw:ment 9. ThaZ said Engineer's report, be, and the same is hereby, finally adopted and approved as a whole. 10. That the Clerk shall forthwith deliver to the Engineer of Work tt-~e said assessment, together with said diagram thereto attac~ed and made a part thereof, as confirmed by this Board, with his certificate of such confirmation tf~ereto attached and of the date thereof, and that said Engineer of Work shall fortl'~with record said diagram and assessment in his office and in the office of the County Surveyor of E1 Dorado County in suitable books to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. 11. That said Engineer of Work, 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 District 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, t~e tim~ and place of payment thereof, the effect of failure to pay within suc~ time, and a statement of the fact that bonds will be issued on the unpaid assessments pursuant to the Improvement Bond Act of 1915, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July mext succeeding ten (10) months from their ~ate. 12. T~at said Engineer of Work shall also give notice by publishing a copy of a Notice to Pay Assessments by three success- ive insertions in the Lake Tahoe News, 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 to be made thirty (30) days after the date of recording said assessment, whic~ date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. President of South Tahoe Public Utility District ATTEST: ~ ¢~erk and ex-officio ~ecre~ary ~ * * * * * -*5-* * * * * * * The foregoing is a full, true and correct copy of a Resolution which was duly and regularly adopted at a meeting of the Board of Directors of the South Tahoe ~blic Utility District, E1 Dorado Co~ty, California, duly held on the .f~ day of ~~~~ , 1960~ by the following vote of the members thereof: AYES, and in favor thereof, Directors: Goeringer, ~-Wakeman, Wall, Souza NOES, Directors: None ABS~T, ~irectors: None~ C~erk and ex-offici~~etary~th~ South Tahoe Public Utility Di~rict.