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Ordinance No. 342JHHW:SRC:cp 6/21/82 1997C ORDINANCE NO.: 342 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT WITH RESPECT TO CONTRIBUTIONS AND REIMBURSEMENTS FOR ASSESSMENTS LEVIED IN ASSESSMENT DISTRICT NO. 82-1 (SOUTH TAHOE "Y" WATER SYSTEM IMPROVEMENTS) RESOLVED by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, as follows: WHEREAS, this District, pursuant to Resolution of Intention No. 2245, adopted May 6, 1982, has instituted spec-ial assessment proceedings for the construction and acquisition of certain water system improvements as more particularly described in said Resolution of Intention and in the plans and specifications therefor on file with the District; WHEREAS, this Board recognizes that certain of the properties proposed to be assessed in said assessment proceedings are presently undeveloped and will not be developed within the foreseeable future and as a consequence thereof, will not immediately receive benefits from said improvements to be financed through said proceedings; WHEREAS, this Board further finds that said properties may fultimately be developed and receive their respective full benefits from said improvements and therefore should be ultimately required to pay their proportionate shares of the costs of said improvements; and WHEREAS, this Board of Directors intends to further the completion of said acquisitions and improvements by making certain contributions in the form of payment of said assessments on said undeveloped parcels. NOW THEREFORE, be it enacted by the Board of Directors of the South Tahoe Public Utility District as follows: 1. This Board of Directors hereby contributes the sum of $ 32,590.23 toward assessment proceedings to be applied as credits on those properties assessed in said proceedings which this Board determines to be undeveloped. 2. This Board hereby determines that for purposes of said contributions in these proceedings the following properties bearing the following assessments are determined to be undeveloped: Assessment Number- Assessor's Parcel Number Assessment 2 023-201-68 $ 708.42 26 023-211-46 1,090.06 42 023-201-60 966.12 60 023-311-01 1,560.66 67 023-211-04 3,106.45 71 023-211-37 1,902.69 74 023-211-10 3,106.45 76 023-211-44 2,252.13 94 023-221-21 1,553.25 103 023-221-28 1,897.99 108 023-221-24 1.095.17 111 023-221-13 1~902.69 118 023-221-43 2,128.75 120 023-221-31 1,553..25 121 023-221-.30 1,553.25 122 023-221-25 3,106.45 123 023-221-20 3,106.45 3. Said contribution shall be made by the cash payment by the District of the foregoing assessments no later than the end of the cash payment period provided in said assessment proceedings or such later time as this District may authorize by appropriate resolution. .The amounts of said cash payments 2 shall take into account the amounts of any discount and/or reserve fund required for the issuance of the bonds representing any unpaid assessments in said proceedings. 4. The amounts of said assessments shall be reimbursed to the District at such time as any or all of the aforesaid properties are developed. Said amounts shall be payable at such time as any person or persons requesting water services shall apply to the District or upon such other terms as the District may at that time determine. The sums representing said assessments shall bear interest at a rate not to exceed lO% ~ per annum until reimbursed. This Ordinance shall take effect thirty days from the date of its enactment. At least one (1) week before the expiration of said thirty (30) day period, copies of said ORDINANCE shall be posted by the CLERK of the South Tahoe Public Utility District at three (3) public places within said District,' and at least one (1) week before the .expiration of said thirty (30) day period, this ORDINANCE shall be published in th Tahoe Daily Tribune, a newspaper of general circulation, printed and published in said District one (1) time. PASSED and ADOPTED at a duly held meeting of the Board of Directors of the South Tahoe Public Utility District on the 12th day of AUGUST 1982, by the following vote: AYES: Directors Jones, Olson, Kashuba, Madden, Wynn NOES: None ABSENT: None ~a~es R. Jo~ ;..P_r_e.s.~dent ~.C6uth Tahoe Public Utility Distri¢ I hereby certify that the foregoing is a full, true and correct copy o~ ORDINANCE NO. 342 duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, held on the 12th daY of August 1982. DTZAmDrose,''ClerK o~ Boaro -3- STATE OF CALIFORNIA COUNTY OF EL DORADO AFFIDAVIT OF POSTING ORDINANCE NO. 342 I, Bob E. Eppler, being first duly sworn, deposes and says: That for and on behalf of the Clerk and ex- Officio Secretary of the SOUTH TAHOE PUBLIC UTILITY DISTRICT affiant posted copies of ORDINANCE NO.342 in form attached hereto and by reference made a part hereof, in three public places in the District, as follows: 1. City Of South/Lake Tahoe Administration Bldg. South Lake Tahoe, Ca. 2. Bijou Post Office Station South Lake Tahoe, California 3. Tahoe Valley Post Office Station South Lake Tahoe, California That said posting was completed on the ~ day of_ _~_~~/J ,~ Subscribed and sworn to before m~this /~~ day Notary/~fblic in and for the~County of E1 Dorado, State of Californi'a. My Commission Expires 11/19/§2. SOUTH TAHOE PUBLIC UTILITY DISTRICT PRESIDENT JAMES R. JONES Sewer. 1950. Water P.O. Box AU South Lake Tahoe, California 95705 1275 Meadow Crest Drive A PUBLIC AGENCY Phone (916) 544-6474 DIRECTORS WALTER "NEAL" OLSON LORRENE KASHUBA MICKEY MADDEN JOHN WYNN August 13, 1982 Tahoe Daily Tribune PO BOX 1358 South Lake Tahoe, CA 95705 Attention: DONNA Gentlemen: Enclosed please find copy of ORDINANCE NO. 342, which we would like to have published one time only during the week of August 23, 1982. Please send 2 copies of Affidavit of Publication for same. Thank you. Very truly yours, SOUTH TAHOE PUBLIC UTILITY DISTRICT Mary D. Ambrose Clerk of Board mda Attachment (1) JONES I-I~LL HILL & WHITE, A Pi]~OFESSIONAL LAW CO]~POI~ION ATTORNEYS ~ ~W KENNETH I. JONES ~DREW C. HAT.L, JR. ROBERT J. HIlL SHARON STUN'TON WHITE CHAR'LES F. ~S STEP~E~ ~. CASA~OOIO ~I~I~ H. ~ISON PHIMP N. ~E John C. Weidman, Esq. 325 Main Street Placerville, CA 95667 June 24, 1982 FOUR EMBA]HCADERO CENTER SUITE 1950 SAlq FI$-.A-NCISCO 9~111 (415) 091- 5780 Re: Assessment District No. 1982-1 Dear John: Enclosed please find my very first draft of an Ordinance providing for contribution by the District for the undeveloped parcels. Kindly provide me your thoughts at your earliest convenience so that we may in some timely fashion authorize the cash contributions at about the time the cash payment period ends. In this regard, I am advised that the Notice of Assessment should be recorded on or about the 24th or 25th of this month. With the recording of that document, the cash payment period of thirty days officially begins. That will mean that the Board will be able to determine unpaid assessments near the first part of August. I would suggest that we endeavor to arrange for a bond sale near the middle of the month with bonds to be dated and delivered on or about September 2. This will obviate any problems of late enrollment with the County of E1 Dorado and give the owners some extra time before they have to pay their assessments. Requesting your thoughts and those of Jim Cofer on the above, I am, SRC:cp Enc l o~res cc: ,~ames R. Cofer ~South Tahoe Public Utility District Very truly yours, Stephen R. Casaleggio