Resolution No. 524WHJ&M:JHH:gb 8/4/64 8C
RESOLUTION NO. 5 2 4
A RESOLUTION AND ORDER ADOPTING
ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT
AND ORDERING THE WORK AND ACQUISITIONS
SANITARY SEWERAGE PROJECT NO. 1964-1
RESOLVED, by the Board of Directors of the South Tahoe
Public Utility District, E1 Dorado County, California, that
WHEREAS, on the 19th day of March, 1964, said Board adop-
ted its Resolution of Intention No. 497 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 Dis-
trict of the kind described in said Resolution of Intention and
being a competent person appointed by said Board for that pur-
pose;
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
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 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 every particular and de-
termined 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 Monday, the 10th day of
August, 1964, at the hour of 2:00 o'clock P.M. of said day in
the regular meeting place, Tahoe Valley Fire House, South Tahoe,
California, as the time and place for hearing protests in rela-
tion to said proposed acquisitions and improvements, and direct-
lng 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, lorn
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
W~HEREAS, ~~ 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 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 opportuni-
ty to be heard, and all matters and things pertaining to said
acquisitions and improvements were fully heard and considered
by said Board, and said Board has ac-
quired 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:
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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
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.
2o 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 particular-
ly 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 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 improvem~x~os,
and of the incidental expenses in connection therewith, containe¢
in said report, be, and it is hereby, finally adopted and ap-
proved 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.
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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,
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
8o 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 th.
expenses incidental thereto, contained in said report, be, and
the same is hereby, finally approved and confirmed as the a
merit to pay the costs and expenses of said acquisitions and im-
provements.
9o That said Engineer's report, be, and the same is here.
by, finally adopted and approved as a whole.
10. That the Clerk shall forthwith deliver to the Engin-
eer 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 or Work shall
forthwith 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 recorda-
tion 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 ad-
dress 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, 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 install-
ment 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 suc-
cessive insertions in the "Lake Tahoe News", a newspaper pub-
lished 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
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made thirty (30) days after the date of recording said assess-
ment, which date shall be stated in said notice, and of the fact
that Bonds will be issued upon unpaid assessments as above pro-
vided.
Utility District
ATTEST: ~
~Cl'erk Yard fexyficio ~S~ecretar~
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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
/~) day of ~~~,f/ ~ 196~,~ ~ by the
following vote of the ~embers thereof:
AYES~ and in favor thereof~ Directors:
Clarke~ Fes!er~ Stewart~ Wakeman, Kortes
NOES~ Directors: None
ABSENT, Directors: None
Clerk Sec~ret~ of the
an~x-0fficiO
South T~oe Public Utilityystrict