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Resolution No. 1296 RESOLUTION NO. 1296 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS ASSESSMENT DISTRICT 1968-1 RESOLVED~ by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County~ California, that WHEREAS, on the 22nd day of May, 1969, said Board adopted its Res-- olution of Intention NOo 1274~ as subsequently amended, to acquire and construct public improvements in said District, and referred the pro- posed acquisitions and improvements to the District Engineer of said District~ he being the officer having charge and control of the con- struction of acquisitions and improvements in and for said District of the kind described in said Resolution of Intention, as amended, 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 mat- ters 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 Thursday, the 26th day of June, 1969, at the hour of 8~00 o~clock pomo of said day in the district office, Johnson Road near junction with Black Bart Street, South Lake Tahoe, California~ as the time and place for hearing protests in relation to said proposed acqui- sitions 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 stated in said notice; and WHEREAS, 15 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 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 wiLh 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 overruled ,, and said Board has acquired jurisdiction 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: 1o 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 acquisitions -2- 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 assessment to pay for the costs and expenses thereof° ~o That the district benefited by said 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 Resolution of Intention~ as amended, and made a part hereof by refer- ence tneretoo That all public streets and highways within said assess~ ment 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 expenses of said acquisitions and improvements° 30 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~ 4o 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 as modif~ed 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° 5o 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~ 6o That the public interest and convenience require, and said Board does hereby order the aceuisitions 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~ reference to which is hereby made for a more particular description of said acquisitions and improvements, and also for further partlcular~ pursuant to the provisions of said Municipal Improvement Act of 1913o 7o 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 saim Bes©lution of Intention~ as amended, each of which subdivisions having been given a separate number upon said diagram, as contained in saYd report~ be~ and it is hereby~ finally approved and confirmed as t~e diagram of the properties to be assessed to pay the costs and ex- penses of said acquisitions and improvements. 8o 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 aaquisitions and improvements, and of the expenses incidental therevo~ aontained in said report as modified, be, and the same is hereby fin- ally approved and confirmed as the assessment to pay the costs and ex- penses of said acquisitions and improvements~ 9o THat said Engineer~s Report as modified be, and the same is nereby~ finally adopted and approved as a whole. lOo That the Clerk shall forthwith deliver to the District 'Engi- neer the said assessment, together with said diagram thereto attached and. made a part thereof, as confirmed by this Board, with his certifi- cate of such confirmation thereto attached and of the date thereof~ and that said District Engineer shall record said diagram and assess- ment 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° -4- ilo That said District Engineer~ upon the recording of said din,- gram 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 zhe 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 descrip.~ tion of the property assessed sufficient to enable the owner to iden,~ %~,~iy tii~e same~ the amount of the assessment, the time and place of' pa, v- meant t~"~ereof~ the effect of failure to pay within such time~ and a statement of the fact that bonds will be issued on the unpaid assess- ments pursuant to the Improvement Bond Act of 1915, the last install- ment of wnich bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten (10) months from their date° i~2~ That said District Engineer shall also give notice by pub- i~sh~ng a copy of a Not~.ce to Pay Assessments by ten successive inser- tions ~,n the Tahoe Daily Tribune~ a newspaper published in said Dis~ ~r~c%~nat said assessment has been recorded in his office~ and that ail sums assessed thereon are due and payable immediatel~ and that the payment off said sums is to be made thirty (30) days a~ta~~ the date of recording said assessment~ which date shall be state~ in said notice~ and of the fact that bonds will be issued upon unpaid assessments as above provided~ President South Tahoe Public Utility District A~TTEST~ Clerk ~-n-~ Ex-officio Secretary -5- I hereby certify that the foregoing ts 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 26th day of [une, 1969, by the following vote: AYES: NOES: ABSENT: Directors Fesler, Wakeman, Hegarty, Ream None Director Kortes Clerk and Ex-Officio Secretary SOUTH TAHOE PUBLIC UTILITY DISTRICT