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Resolution No. 1274 - Amended WJML:RJH:gbb 10/23/68 RESOLUTION NO. 1274 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS ASSESSMENT DISTRICT 1968- 1 RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, El Dorado County, California, that 1. In its opinion the public interest and convenience require, and that it is the intention of said Board to order the acquisition:;; and improvements in and for said District which are described in Exhibit A attached hereto and incorporated herein by reference. 2. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersec- tions of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 3. Said streets and highways are more particularly shown in the records in the office of the County Recorder of the County of El Dorado, California, and shall be shown upon the plans herein referred to and to be filed with the Clerk of said District, 4. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. 5. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 6. Notice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade differ- ent from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 7. Said Board does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications, All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the U. S. Coast Geodetic Survey. 8. The descriptions of the acquisitions and improvements and the termini of the work contained in this resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions, as contained in the Engineer's Report, shall be controlling as to the correct and detailed description thereof. 9. Said Board further declares 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 the assessment here- after to be made to cover the costs and expenses of said acquisitions and improvements. 10. Said contemplated acquisitions and improvements, in the opinion of this BoardJ are of more than local or ordinary public bene- fit, and said Board does hereby make the costs and expenses thereof chargeable upon an assessment district, the exterior boundaries of which are the coterminous extericr boundaries of the composite and consolidated area as more particularly shown on a map thereof on file in the office of the Clerk entitled "Map Showing Proposed Boundaries of Assessment District 1968-1," to which reference is hereby made for further particulars. Said map indicates by a boundary line the ex- tent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 11. Notice is hereby given that serial bonds to represent the unpaid assessments, and bearing interest at the rate of not to exceed six percent (6%) per annum, will be issued hereunder in the manner -2- provided in the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, 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. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. 12. Except as herein otherwise provided for the issuance of bonds, all of said improvements shall be done pursuant to the provi- sions of the Municipal Improvement Act of 1913, 13. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of the Clerk. 14. Said proposed acquisitions and improvements are hereby re- ferred to the District Engineer, being a competent person employed by said District for that purpose; and said Engineer is hereby di- rected to make and file with the District Clerk a report in writing, presenting the following: a) Maps and descriptions of the lands, easements and facilities to be acquired; b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; c). Engineer'.s statement of'the'itemized..and.total esti- mated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdi- visions of land within said district as the same existed at the time of the passage of this Resolution of Intention, each of which subdi- visions shall be given a separate number upon said diagram; e) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the -3- several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the expenses inciden- tal thereto. 15. Notice is hereby given that, in the opinion of this Board the public interest will not be served by allowing the property own- ers to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the streets and Highways Code, no notice of award of contract shall be published. 16. If any excess shall be realized from the assessment, it shall be used, in such amounts as the Board may determine, in accord- ance with the provisions of law, for one or more of the following purposes: a) Transfer to the general fund of the District, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or five percent (5%) of the total amount expended from the improvement fund; b) As a credit upon the assessment and any supplemental assessment; or c) For the maintenance of the improvements. ~- ~v'-<-. -trL resia~ South Tahoe Public Utility District ATTEST: c:xCJ~..L24 L_____ Clerk and Ex-officio Secretary * * * * * -4- a) The installation and construction of sanitary sewer systems, including collection sewers, necessary pumping stations and force mains, manholes, flushing devices, rodholes, wye branches, laterals and appurtenances on streets and roads and in easements to be acquired therefor, to serve each of the subdivisions, parts of subdivisions and other lands within the boundaries of the proposed assessment district, as hereinafter described (including but not by way of limita- tion, a portion of the W. D. Barton Tract, the TH-M-G Tract, Rolling Wood Heights Subdivision and miscellaneous parcels in the vicinity of the intersections of Sawmill Road and Incline Road and U.S. Highway 50); b) The acquisition within the boundalles of said assessment dis- trict of a right of service and use in the existing sanitary sewerage and sewage treatment and disposal facilities of said District, other than the facilities described in clause (c) hereof, which help provide service to and which are of bene- fit to the properties within said area, for those parcels of land only which have not heretofore acquired such right of service and use, being all of the parcels within said pro- posed assessment district except the parcels in the W. D. Bar- ton Tract and Assessor's Parcel No. 32-172-01 (being identi- fied on the map showing proposed boundaries of said assess- ment district as parcel No. 125); c) The acquisition within the boundaries of said assessment dis- trict of a right of service and use in the existing sanitary sewage facilities of Improvement District No. U-l of said Utility District which help provide service to and which are of benefit to the properties within said area, such right of service and use to cover and include only one normal residen- tial building for each assessment parcel (being three units as defined for the purpose of Ordinance No. 181 of said Util- ity District); d) The acquisition of all facilities, lands and easements and the construction of all work auxiliary to any of the above and necessary to complete the same. EXHIBIT A South Tahoe Public Utility District Assessment District 1968-1