Resolution No. 308JHH:AP 6/28/61 8C
RESOLUTION NO. sea
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
SANITARY SEWERAGE PROJECT NO. 1961-1
RESOLVED, by the Board of Directors of the South Tahoe
Public Utility District, E1 Dorado County, California, that
WHEREAS, on the 16th day of March, 1961, said Board
adopted its Resolution of Intention No. 28? to acquire and
construct public improvements in said District, and referred
the proposed acquisitions 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 competent 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 Improve-
ment Act of 1913, as amended;
WHEREAS, said report was duly made and filed with the CleI
of said District, whereupon said Clerk presented it to the Board
for consideration;
%~{EREAS, said Board thereupon duly considered said report
and each and every part thereof and found that it contained all
the matters 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
improvement, (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, th2 23rd
day of March, 1961, at the hour of 2:00 o'clock P. M. of said
day in the regular meeting place, Treatment Plant, 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 dul
and regularly posted, mailed 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
regularly held at the time and place stated in said notice; and
WHEREAS, two persons interested, objecting to said
acquisitions and improvements, or to the extent of the assess-
ment 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 acqui-
sitions and improvements were fully heard and considered by said
Board~ ~nd were over~l®~d 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 assessec
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 and improvements as a whole, or against the
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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 and assessment to pay for the costs and expenses
thereof.
2. That the District benefited by said acquisitions and
improvements and to be assessed to pay the costs and expenses
thereof, and the exterior boundaries thereof are more particu-
larly described in said Resolution of Intention and made a
part hereof by reference thereto. That all public streets and
highways within said assessment district in use in the perfor-
mance 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 levied and collected to cover the costs and
expenses of said acquisitions and improvements.
3. That the plans and specifications for the proposed
improvements, 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 incidental 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 ease-
ments 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 Resolutio]
of Intention on file in the office of the Clerk of said District
reference to which is hereby made for a more particular descrip-
tion of said acquisitions and improvements~ and also for further
particulars pursuant to the provisions of said Municipal Improve-
ment Act of 191~, as amended.
7. That the diagram showing the assessment district re-
ferred to and described in said Resolution of Intention, and
also the boundaries and dime~ions of the respective subdivisions
of land within said district as the same existed at the time of
the passage of said Resolution of Intention, each of which sub-
divisions 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 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 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 assess-
ment to pay the costs and expenses of said acquisitions and im-
provements.
9. That said Engineer's report, be, and the same is herebl
finally adopted and approved as a whole.
10. That the Clerk shall forthwith deliver to the Engineer
of Work the said assessment, together with said diagram thereto
attached 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 Engineer of Work shall forth-
with record said diagram and assessment in his office ~ d in the
office of the County Surveyor of E1 Dorado County in suitable
books to be kept for that purpose, and append thereto his certi-
ficate of the date of such recording, and such recordation shall
be and constitute the assessment roll herein.
ll. 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 ~ax 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, 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 assessments pursuant
to the Improvement Bond Act of 1915, the last installment of whic~
bonds shall mature not to exceed fourteen (l~) years from the
second day of July next succeeding ten (10) months from their
date.
12. That said Engineer of Work shall also.give notice by
publishing a copy of a Notice to Pay Assessments by three succes-
sive 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
(90) 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 provide~
Presiden~ of t~uth Tahoe 'Public
Utility District
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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 Public Utility
District, E1 Dorado County, California, duly held on the 6th
day of _ July , 1961, by the foIlowing vote of the
members thereof:
AYES, and in favor thereof, Directors:
Burlingham, Clarke, Imbach, ~,
NOES, Directors: None
ABSENT, Directors: ~ S~ZA
Wakeman
~er~ an~ ex_offfcio~ Secretary o~-~he
~outh Tahoe Public Utility District