Resolution No. 945WJM&L:H:s 10c
RESOLUTION NO. 9 4 5
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
ASSESSMENT DISTRICT 1967-5
RESOLVED, by the Board of Directors of the South Tahoe Public
Utility District, E1 Dorado County, California, that
WHEREAS, on the 20th day of July, 1967, said Board adopted its Res-
olution of Intention No. 869 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 accord-
ance with and pursuant to the Municipal Improvement 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 speci-
fications of the proposed improvements, (3) estimate of costs, (4) dia-
gram 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 determined that it should
stand as the report for all subsequent proceedings under said Act, where-
upon said Board, pursuant to the requirements of said.Act, appointed
Thursday, the 26th day of.October, !967, at the hour of 8:00 o'clock
in the Council Chambers, City Hall, South Lake Tahoe, California, as the
time and place for hearing protests in relation to said proposed acquisi-
tions 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 re-
quired 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 ~tated in said notice; and
WHEREAS, 3 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 c~sts 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 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 ove~uled , and said Board has acquired Jurisdiction
to order ~aid acquisitions and improvements and the confirmation of said
diagram and assessment to pay the costs and expenses thereof'/o
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 hear-
ing 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 assessmen~ to pay for the costs and expenses thereof.
2. That the district benefited by's~id acquisitiOns and improve-
ments and to be assessed to pay the costs and expenses thereof, and the
exterior boundaries thereof are more particularly described in said Reso-
lution of Intention 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 collecte~ 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 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 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 de-
scribed 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 improve-
ments, and also for further particulars pursuant to the provisions of
said Municipal ImProvement Act of 19lB.
?. That the diagram showing the assessment district referred to and
described in said Resolution of Intention and also the boundaries and di-
mensions of the respective subdivisions of land within said district as
the same existed at the time of the passage of said Resolution of Inten-
tion, each of which subdivisions 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 propose~ 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
improvemente, and of the expenses incidental thereto, contained in said
report, be, and the same is hereby, finally approved and confirmed, as
the assessment to pay the costs and expenses of said acquisitions and
improvements.
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 ma~e
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 apDend thereto his
certificate of the date of such recording, and such reCordation shall'be
and constitute the assessment roll herein..
ll. 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 con-
taining a designation by street number or other description of the prop-
erty 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 Im-
provement 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 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, and that all sums assessed
thereon ar~due and payable immediately, and that the payment of said sums
is to be made thirty 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.
~resident of gouth Tahoe~Public
Utility District
clerk and' ex-OffiCio Secretary
5
I hereby certify that the foregoing is a full, true,
and correct copy of a RESOLUTION adopted by the Board of
Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT,
E1 Dorado Connty, California, at a meeting thereof duly held
on the 26th day of October, 1967., by the following vote:
AYES, and in favor thereof:
Directors 'vVakeman,Kortes, Fesler, Hegarty, Ream
Noes: None
Absent: None
Clerk and ex-Officio Secretary Of the
South Tahoe Public Utility District