Resolution No. 879WJML:JS:fh 7-26-67 8C
RESOLUTION NO. 879
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
ASSESSMENT DISTRICT 1967-1
RESOLVED, by the Board of Directors of the South Tahoe
Public Utility District, E1 Dorado County, California, that
WHEREAS, on the 20th day of March, 1967, said Board adopted
its Resolution of Intention No. 796, as subsequently amended,
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 im-
provements 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 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, an~ (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 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 10th day of
August, 1967, at the hour of 8:00 o~clock P~ M.~ of said day in
the Council Chambers, City Hall, South Lake 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, 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 regular-
ly held at the time and place stated in said notice; and
WHEREAS~ 23 persons interested, objecting to said
acquisitions and improvments, 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 said protests were overruled ,
and said Board has acquired jurisdiction to order said acquisition~
and improvements and the confirmation of sai~ diagram a~d assess-
ment to pay the costs and expenses thereof°
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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 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 or 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 particularly
described in said Resolution of Intention, as amended, and made a
part hereof 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 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 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, as amended.
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
/~s modified
report e, 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.
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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, as amended, 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 particulars pursuant to the provisions of said Municipal
Improvement Act of 1913.
7. That the diagram showing the assessment district re-
ferred to and described in said Resolution of Intention, as
amended, 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, as
amended, each of which subdivisions having been given a separate
nut, bet 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 ~nount 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
'~s modified
expenses incidental thereto, contained in said repot 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.
as modified
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 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 in a suitable book 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 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 tax 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 exceed
fourteen (14) years from the second day of July next 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
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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 a~ove provided.
President ~f~South. TahO'e PubliC -
Utility District
ATTEST:
Clerk and ex-offiCio SeCretary
I hereby certify that the foregoing is a full, true and
correct copy of a resolution duly a~nd 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
the 10th day of Au?st , 1967, by the following vote:
AYES, and in favor thereof, Directors:
NOES, Directors: None
ABSENT~ Directors: iWakeman
~oi'~es
Fesler
~ie~a~ty
Clerk a~d Ex-~-f-f-i-d-fS--~e'cr'etary
South Tahoe Public Utility
District
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