Resolution No. 1007~JJML: JS: amf 12-19-57 ] 0C
RESOLUTION NO. 1007
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESS~.~NT AND ORDERING THE WORK
AND ACQUISITIONS
ASSESSMENT DISTRICT 1967-3B
RESOLVED, by the Board of Directors of the South Tahoe Public
Utility District, E1 Dorsdo County, California, that
I~HEREAS, on the 16th day of November, 1967, said Board adopted
its Resolution of Intention No. 974, 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 acqui-
sitions and improvements in and for said District of the kind de-
scribed 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
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 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 report for all subsequent proceedings under
said Act, whereupon said Board, pursuant to the requirements of
said Act, appointed Tuesday, the ~rd day of January, 1968, at the
hour of 8:00 o'clock P.M., of said day in the District Office,
Johnson Road, 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 regularly held
at the time and place stated in said notice~ and
WHEREAS, $1 persons interested, objecting to said acqui-
sitions and improvements, or to the e×tent of the assessment dis-
trict, 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 desiring to be
heard were given an opportunity 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 were
ove~uled , and said Board has acquired juris-
diction to order said acquisitions and improvements and the con-
firmation of said diagram and assessment to pay the costs and
expenses thereof.
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 dis-
trict or the e×tent thereof to be assessed for the costs and
e~penses of said acquisitions and improYements 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 im-
provements and to be assessed to pay the costs and e×penses thereof,
and the e×terior boundaries thereof are more particularly described
in said Resolution 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 collected to cover the costs
and e~penses 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.
4. That the Engineer's estimate of the itemized and total
costs and e~penses of said acquisitions and improvements, and of
the incidental e×penses 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 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 particulars
pursuant to the provisions of said Municipal Improvement Act of 1913.
7. That the diagram showing the assessment district referred
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 existed at the time of the passage
of said Resolution of Intention, 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 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 in-
cidental 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.
4
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
5
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 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~~'~uublic Utility District
Clerk and ~-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 4th day of ~anuary , 1968, by the following
vote:
AYES, and in favor thereof, Directors:
NOES, Directors: None
ABSENT, Directors: None
Wakeman
Kortes
Fesler
He ga rt y
Ream
Clerk and Ex-Officio Secretary
South Tahoe Public Utility
District
6