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Resolution No. 926W~M~. JS:des 9-27-67 10 C RESOLUTION NO. 9 2 6 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS ASSESSMENT DISTRICT 1967-2 RESOLVED, by the Board of Directors of the South Tahoe Public U~llity District, E1 Dorado County, California, that WHEREAS, on the 20th dayof April, 1967, said Board adopted its Resolution of Intention No. 816, as subsequently amended, to ac~- quire and construct public improvements in said District, and re- ferred the proposed acquisitions and improvements to the District Engineer of said District, he bein~ 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 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 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 con- sideration; 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 improvements, (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 determined that it should stand as the r~port for all subsequent proceedings under said Act, whereupon said Board, pursuant to the requirements, of said Act, appointed Tuesday, the Brd day of October, 1967, at the hour of 8:00 o'clock P. M., of said day in the District Office, Johnson Road near 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 Dis- trict 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, 258 persons interested, objecting to said acquisi- tions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descrip- tions, 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 opportutnity to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Board, and said protests are ove~uled , and said Board has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment 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 fixed for said hearing file written protests against the said proposed acquisi- tions 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_~descrip- tions, or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and improve- ments and to be~assessed to pay the costs and expenses thereof, and the egterior 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 an.d collec- tion 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 improve- ments, 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 inci- dental expenses in connection therewith, contained in said report be, -3- 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 described in and in accordance with said Resolution of Intention, as amended, on file in the office of the Clerk of said District, ref- erence 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. ?. That the diagram showing the assessment district referred 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 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 ex- penses of said acquisitions and improvements. 8. That the assessment of the total amount of the costs and ex- penses 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 expenses incidental thereto, contained in said report, be, and the same is hereby, finally approved -4- 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, fi- nally 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 Mate 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 assess- ment roll herein. ll. That said District Engineer, upon the recording of said diagram and assessment, shall mail to each owner of real property with- in the assessment district at his last known address as the same ap- pears 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 un- paid assessments pursuant to the Improvement Bond Act of 1915, the last installment of which bonds shall mature not to exceed twenty-four (24) years from the .second day of July next succeeding ten (10) months from their date. -5- 12. That said District Engineer shall also give notice by publish- ing 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,are due and payable immediately, and that the pay- ment of said sums is to be made thirty (30) days after the date of re- cording 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. P~esident of South Tahoe 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 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 3rd day of October _, 1967, by the following vote: AYES, and in favor thereof, Directors: NOES, Directors: ABSENT, Directors: Wakeman Kortes Fesler None Ream Clerk and Ex-Officio SeCretary South Tahoe Public Utility District