Resolution No. 291KWHW: JHH :mdb 3-21-61 8c
RESOLUTION NO. ~£~ /
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
SANITARY SEWERAGE PROJECT N0o 1960-4
RESOLVED, by the Board of Directors of the South Tahoe
Public Utility District, E1 Dorado County, California, that
WHEREAS, on the 29th day of September, 1960, said Board
adopted its Resolution of Intention No. 239 to acquire and con-
struct 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 Improvement Act
of 1913, as amended;
WHEREAS, said report was duly made and filed with the Clerk
of said District, whereupon said Clerk presented it to the Board
for consideration;
~G{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 improve-
ment, (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 cvery 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 23rd day of
March, 19~l, 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 re±ation ~o said
proposed acquisitions and improvements, and directing ~e Clerk
of said District to give no~lce os° said hearing as required by
saia Act;
WHEREAS, it appears that notices of said nearing were duly
and regularly posted, mailed and publisne~ in t~e time, form and
manner required by said Act, as evidenced by the affidavits on
file with said Clerk, whereupon said hearing was duly and regular-
ly held at the time and place stated in said notice; and
WHE~AS, ~/~/ persons interested, objecting to said
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acquisitions 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 be-
fore 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; ~ ?~-~t~~
and said Board has acquired jurisdiction to order said acquisi-
tions 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 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
2.
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 high-
ways within said assessment district in use in the performance 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 ac-
quisitions and improvements.
3. That the plans and specifications for the proposed im-
provements, 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 Resolution of
Intention on file in the office of the Clerk of said District,
3.
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 1913, 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 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, each of which subdivi-
sions 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 hereby,
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 forthwith re-
cord 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 assess-
ment, the time and place of payment thereof, the effect of failure
to pay within such time, and a statemen~ of the i'act vna~ bonms
will be issued on ~ne unpaid assessments pursuan~ ~o ~he Improve-
ment Bond Act of 1915, the last installment of which bonds shall
mature not to exceed fourteen (14) 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 'fLake 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, which 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 ~blic
Utility District
ATTEST: · ~
Clerk a~d ex-offiCio Secretary-/
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 ,~
day of //'.~ '~ 1961, by the following vote of the
members thereof:
AYES, and in favor thereof, Directors:
Clarke, Pankost, Wakeman, ~, Souza
NOES, Directors: None
ABSENT, Directors: ~ ~?~-~?..
lerk and ex-officio Secretary of the
South Tahoe Public Utility, District