Resolution No. 1114RESOLUTION NO.
1114
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
WORK AND ACQUISITIONS
ASSESSMENT DISTRICT 1967- 4E
RESOLVED, by the Board of Directors of the South Tahoe Public
Utility District, E] Dorado County, California, that
WHEREAS, on the 16th day of May, 1968, said Board adopted its Res'-
olution of Intention Noo lO81 to acquire and construct public improve-
msnts in said District~ and referred the proposed acquisitions and im-
provements to the District Engineer of said District, he being the offi-
cer 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 ac-
cordance 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
~pecifications of the proposed improvements, (3) estimate of costs~ !i~
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
par~ thereof was sufficzent 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, ap-
pointed Wednesday, the 19th day of June, 1968, at the hour of 8:30
o'clock pom. of said day in the district office, Treatment Plant, John-
son 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 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, 2 7 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 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 jurisdiction to order said acquisitions and
improvements and the confirmation of said diagram and assessment to pay
the costs and expenses thereof.
NOW, THEREFORE, said Board does hereby FIND, DETERMINE AND ORDER
as follows:
lo 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
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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, o? against'
the diagram or assessment to pay for the 6osts and expenses thereof.
2o 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 Res-
olution 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 expenses'of
said acquisitions and improvements.
3o 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 Intentlon~
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
modified be~ and it is hereby~ finally adopted and approved as the
Engineer~s total and detailed estimate of the costs and expenses of
sai'd acquisitions and improvements.
5. That the maps and descriptions of the lands and easements to
be acquire'd~ as contained in said report, be~ and the same are hereby~
finally approved and confirmed~
6o That the public interest and convenience requlre~ and said
Board does hereby order th$ acquisitions and improvements to be made
as described in and in accordance with said Resolution of In~ention
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on file in the 0f~ice of the Clerk of said District, reference to whi'ch
is hereby made for a more particular description of said acquisitions
and improvements~ and also for further particulars pursuant to the pro-
visions of said Municipal Improvement Act of 1913..
7o 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 with'in said dis-
trict as the same existed at the time of the pass~ge of said Resolution'
of Intention.~ each of which. subdivisions ha'ring been give'~ 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.
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
acquisitions and improvements~ and of the expenses incidental thereto~
contained in said report as modified~ be~ and the same is hereby finally
approved and confirmed as the assessment to pay the costs and expenses
of said acquisitions and improvements~
9o That said.Engineer,s Report as modified be, and the same is
hereby, finally adopted and approved as a whole°
10o 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°
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llo That said District Engineer, upon the recording Of said dia-
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 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 descrip-
tion of the property assessed sufficient to enable the owner to iden-
tify the same, the amount of the assessment, the time and place of pay-
ment thereof, 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 which bonds shall mature not to exceed fourteen (14) years
from the second day of July next succeeding ten (10) months from their
date.
12o That said District Engineer shall also give notice by pub-
lishing a copy of a Notice to Pay Assessments by ten successive inser-
tions in the Tahoe Daily Tribune, a newspaper published in said Dis-
trict 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°
Pres~ident
South Tahoe Public Utility District
ATTEST:
/~..l~.C1 'e"'r~ and ~/Ex-orricio/' ~ ~ecre~ary~'~
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 ~Igthl
IUNE ,,, 196 8 , by the following vote:
AYES, and in favor thereof, Directors: Wakeman
Kortes
Fesler
Ream
Hegarty
NOES, Directors: None
ABSENT~ Directors: None
day of
Clerk ahd Ex-Officio Secretary
South Tahoe Public Utility
District