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Resolution No. 809WJML: JS: amf 4-4-67 8C RESOLUTION NO. 8 0 9 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE W0~ AND ACQUISITIONS ASSESSMENT DISTRICT 1966-2 RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, that WHEREAS, on the 17th day of November, 1966, said Board adopted its Resolution of Intention No. 746 to acquire and construct public improvements in said District, and referred the proposed acquisitions and improvements to the District Engineer of said District, he being the officer having charge and control of the construction of acquisitions and improvements in and for said District of the kind described in said Resolution of Inten- tion and being a competent person appointed by said Board for that purpose; WHEREAS, said Board thereby directed said District Engineer to make and file with the Clerk of said District a report in writing in accordance with and pursuant to the Municipal Improve- ment Act of 1913; 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- ments, (3) estimate of costs, (4) diagram of district, and (5) ~n 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 deter- mined that it should stand as the report for all subsequent pro- ceedings under said Act, whereupon said Board, pursuant to the requirements of said Act, appointed Tuesday, the 18th day of April, 1967, at the hour of 7:30 o'clock P.M., of said day in the District Office, Treatment Plant, Johnson Road ~sr Junction with Black Bart Street, Tahoe Valley, 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, 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, ten 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 desir- ing to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisitions and improve- ments were fully heard and considered by said Board, and sa~d protests were ove~uled and said Board has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assess- Iment to pay the costs and expenses thereof. 2 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 fi×ed 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 e×penses, or against the maps and descriptions, or against the diagram or assessment to pay for the costs and e×penses 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 particularly described in said Resolution of Intention and made a part h~reof by reference thereto. That all public streets and highways 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 ta×es 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 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 e×penses of said acquisitions and improvements, and of the incidental expenses in connection therewith, contained in said as modified report,/ be, and it is hereby, finally adopted and approved ss the Engineer's total and detailed estimate of the costs and expenses of said acquisitions and improvements. 3 5. That the maps and descriptions of the lands and easements 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, reference to which is hereby made for a more particular description of said acquisitions and improvements, and also for further par- ticulars pursuant to the provisions of said Municipal Improvement Act of 1913. 7. That the diagram showing the assessment district referre¢ 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 e×isted at the time of the pass- age of said Resolution of Intention, each of which subdivisions having been given a separate number upon said diagram, as con- tained 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 as modified e×penses incidental thereto, contained in said reportj be, and the same is hereby, finally approved and confirmed as the assess- ment to pay the costs and expenses of said acquisitions and improvements. 9. That said Engineer's repor~b%°~ifie~- anm the same is hereby, finally adopted and approved as a whole. 4 10. That the Clerk shall forthwith deliver to the District Engineer 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 District Engineer shall record said diagram and assessment in his office and in the office of the Superintendent of Streets of the City of South Lake Tahoe, in suitable books to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordatioz shall be and constitute the assessment roll herein. 11. That said District Engineer, 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 ta× rolls of the County of E1 Dorado 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 which bonds shall mature not to e~ceed fourteen (14) years from the second day of July ne~t succeeding ten (10) months from their date. 12. That said District Engineer shall also give notice by publishing a copy of a Notice to Pay Assessments by ten successive insertions in the Tahoe Daily Tribune, a newspaper published in said District that said assessment has been recorded in his office 5 and that all sums assessed thereon are due and payable immediately and that the payment of said sums is 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. Presid~nt~o~S~tR~Tahoe-P~blic Utility District CIe~k aK ex- ~ I hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly adopted by the Board of~Directors of the South Tahoe Public Utility District, E1 Dorado County, California, at a meeting thereof duly held on 18th day of APRIL , 1967 , by the following the vote: AYES, and in favor thereof, Directors: Wakeman Kortes Fesler Melikean Hegarty NOES, Directors: None ABSENT, Directors: None Clerk and EX'-Offici'o Secretary South Tahoe Public Utility District 6