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Resolution No. 869WJML:RJH:gbb 6/5~/67 lOc RESOLUTION NO. 869 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS ASSESSMENT DISTRICT 1967-5 £E£'O,qUG 16 196 RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, that 1. In its opinion the public interest and convenience require, and that it is the intention of said Board to order the acquisitions and improvements in and for said District which are described in Exhibit "A" attached hereto and incorporated herein by reference. 2o Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersec- tiOns of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 3. Said streets and highways are more particularly shown in the records in the office of the County Recorder of the County of E1 Dorado, California, and shall be shown upon the plans herein referred to and to be filed with the Clerk of said District. 4. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as .shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. 5. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 6. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade differ- ent from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 7o Said Board~does hereby adopt and e~tablish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the Uo S. Coast Geodetic Survey. 8° The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature° All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions, as contained in the Engineer's report, shall be controlling as to the correct and detailed descrip- tion thereof° 9° Said Board further declares 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 the assessment hereafter to be made to cover the costs and expenses of said acqui- sitions and improvements° 10. Said contemplated acquisitions and improvements~ in the opinion of this Board, are of more than local or ordinary public benefit, and said Board does hereby make the costs and expenses thereof chargeable upon an assessment district, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area as more particularly shown on a map thereof on file in the office of the Clerk, to which reference is hereby made for further particulars° Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district° 11o Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed six percent (6%) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, 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. The provisions of Part ll~l of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. 12o Except as herein otherwise provided for the issuance of bonds, all of said improvements shall be done pursuant to the provi- sions of the Municipal Improvement Act of 191~. l~o Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of the Clerk. 14o Said proposed acquisitions and improvements are hereby referred to the District Engineer, being a competent person employed by said District for that purpose; and said Engineer is hereby direc- ted to make and file with the District Clerk a report in writing, presenting the following: a) Maps and descriptions of the lands, easements and facilities to be acquired; b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; c) Engineer,s statement of the itemized and total esti- mated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdi- visions of land within said district as the same existed at the time of the passage of this Resolution of Intention, each of which subdi- visions shall be given a separate number upon said diagram; e) A proposed 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 such subdivisions, respectively, from said acquisitions and improvements, and of the expenses inci- dental thereto. 15. Notice is hereby given that, in the opinion of this Board the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract shall be published. 16. If any excess shall be realized from the assessment, it shall be used, in such amounts as the Board may determine, in accord- ance with the provisions of law, for one or more of the following purposes: a) Transfer to the general fund of the District, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or five per cent (5%) of the total amount expendad from the improvement fund; b) As a credit upon the assessment and any supplemental assessment; or c) For the maintenance of the improvements. Pres' d~n~t~ of ~~~I~-- Public Utility District ATTEST: L~!-erk'and ex officio Secretary I hereby certify that the foregoing is a fult~ 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 the 20th day of July, 1967, by the following vote: AYES, and in favor thereof~ Directors: Wakeman, Kortes, Fesler, Melikean~ Hegarty NOES, Directors: None ABSENT, Directors: None ~~ ~nd ex-off~cio Secretary of the South Tahoe Public Utility District A. The installation and construction of a sanitary sewer system, including collection sewers, necessary pump- ing stations and force mains, manholes, flushing devices, rodholes, wye branches, laterals and appurtenances in Freel Peak Avenue from Tulare Avenue northerly to its intersection with Los Angeles Avenue, in Tulare Avenue, Bigler Avenue, Cave Rock Avenue, Star Lake Avenue, Cold Creek Avenue and Trout Creek Avenue from Freel peak Ave- nue easterly to Harrison Avenue, in Los Angeles Avenue from a point westerly of Freel Peak Avenue easterly to Harrison Avenue, and in Harrison Avenue from Tulare Ave- nue northerly to a point northerly of Los Angeles Avenue, and in such public utility easements as may be necessary to serve all of the parcels in the assessment district, and together with any extensions required to connect to existing sanitary sewer lines of South Tahoe Public Utility District; Bo The acquisition within said boundaries of a right of service and use in the existing sanitary sewer- age and sewage treatment and disposal facilities of said District which help provide service to and which are of benefit to the properties within said area; C. The acquisition of all facilities, lands and easements and the construction of all work auxiliary to any of the above and necessary to complete the same. EXHIBIT "A" South Tahoe Public Utility District Assessment District 1967-5