Resolution No. 1340 - AmendedWJML: RJH: gbb L¥/25~/68
RESOLUTION NO. 1340
A RESOLUTION OF INTENTION TO ACQUIRE
AND CONSTRUCT IMPROVEMENTS
ASSESSMENT DISTRICT 1968-3
RESOLVED, by the Board of Directors of the South Tahoe Public
Utility District, E1 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,s
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 fr~ 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.
B. Said streets and highways are more particularly shown in
the records in the office of the County Recorder of the County of
E1 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.
7o 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.
8o 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
thereofQ
9o 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, together with the fee simple interest
in lands owned by the Uo So Department of Agriculture (Forest Ser-
vice)~ shall be omitted from the assessment hereafter to be made to
cover the costs and expenses of said acquisitions and improvements.
10o Said contemplated acquisitions and improvements, in the
opinion of this Board, are of more than local or ordinary public
benefit, and said Board does hereby make the costs and expenses
thereof chargeable upon an assessment district, the exterior bound-
aries of which are the coterminous exterior boundaries of the com-
posite and consolidated area as more particularly shown on a map
thereof on file in the office of the Clerk entitled "Preliminary
Map Assessment District 1968-3 ," to which reference is hereby made
for further particulars. Said map indicates by a boundary line the
extent of the territory included in the proposed district and~shall
govern for all details as to the extent of the assessment district°
llo 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
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provided in the Improvement Bond Act of 1915, Division l0 of the
Streets and Highways Code, the last installment of which bonds shall
mature not to exceed fourteen (l~) years from the second day of July
next succeeding ten (10) months from their date. The provisions of
Part ll.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 sh&ll be done pursuant to the provi-
sions of the Municipal Improvement Act of 1913.
13. Reference is hereby m&de 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 a~ove 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; and said
diagram shall also show which of said subdivisions ~f land are owned
in fee simple by the United States Department of Agriculture (Forest
Service) subject to privately owned possessory interests of
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permitteesthereof, which possessory interests are to be assessed as
hereinafter provided.
e) A proposed 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 such subdivisions, respectively,
from said acquisitions and improvements, and of the expenses inciden-
tal thereto; provided that with respect to said subdivisions of land
in which the fee simple interest is owned by the United States De-
partment of Agriculture (Forest Service) subject to privately owned
possessory interests of permittees thereof, such proposed assessment
shall be upon the several private possessory interests therein.
15o The Utility District intends to make a contribution to the
costs and expenses of the proposed acquisitions and improvements equal
to the amount of such costs and expenses which are applicable to the
Alpine Campground, which is owned in fee simple by the U. S. Depart-
ment of Agriculture (Forest SerVice); provided, however, that said
contribution will be made only in the eVent and to the extent that
said owner enters into a satisfactory agreement w~th the Utility Dis-
trict to pay to the Utility District the amount of said applicable
costs and expenses, and in the event such a satisfactoTy agreement is
not entered into prior to the making and filing of said written re-
port by said District Engineer then said proposed acquisitions and
improvements shall not be made for that portion of the assessment
district described as the Alpine Campground. In the event the Uo S.
Department of Agriculture (Forest Service), as the owner of said
lands subject to privately owned possessory interests, elects, prior
to the making and filing of said written report by said District En-
gineer, to pay to the Utility District the amount of the costs and
expenses of the proposed acquisitions and improvements which are ap-
plicable to said lands subject to privately owned possessory
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interests~ and enters into a satisfactory agreement therefor with
the Utility District, then the Utility District will make a contri-
bution to said costs and eXpenses equal to said amount applicable
to said lands subject to privately owned posse~sory interests, and
~aid possessory interests shall not be assessed as hereinbefore pro-
videdo
16o 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 10502oh of the Streets and Highways
Code, no notice of award of contract shall be published°
l?o If any excess ~hall 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°
ATTEST ~
Clerk and Ex-officio Secretary
President
South Tahoe Public Utility District
a. The installation and construction of sanitary sewer
systems, including collection sewers, necessary pumping sta-
tions 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 herein-
after described (including but not by way of limitation,
Units i and 2 Of Christmas Valley Subdivisions, all units of
River Park Estates, all units of Southgate Subdivisions, all
units of Grass Lake Subdivisions, Rainbc Summer Home Tract,
Upper Truckee Summer Home Tract, Bridge Summer Home Tract
and~the Alpine Campground);
b. The acquisition within said boundaries of a right of
service and use in the existing sanitary sewerage and sewage
treatment and disposal facilities of said Utility District,
other than the facilities described in clause c. hereof, which
help provide service to and which are of benefit to the prop-
erties within said area;
Co The acquisition within the boundaries of said as-
sessment district of a right of service and use in the exist-
ing sanitary sewage facilities of Improvement District No.
U-1 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 residential building for each assessment parcel (being
three units as defined for the purpose of Ordinance No. 181 of
said Utility District);
do 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 1968-3
WJML: RJH: gb 11/12/69
RESOLUTION NO. 1349
A RESOLUTION AMENDING RESOLUTION NO. 1340,
ENTITLED "A RESOLUTION OF INTENTION TO
ACQUIRE AND CONSTRUCT IMPROVEMENTS"
ASSESSMENT DISTRICT 1968-3F
RESOLVED, by the Board of Directors of the South Tahoe Public
Utility District, E1 Dorado County, California, that
WHEREAS, this Board of Directors adopted Resolution No. 1340,
entitled "A Resolution of Intention to Acquire and Construct Improve-
ments'' on October 2, 1969;
WHEREAS, the United States Department of Agriculture (Forest
Service) had advised this District that it does not desire the
Alpine Campground nor the Bridge Summer Home Tract to be included
in the assessment district to be formed pursuant to said resolution,
and that it does not intend to pay the costs and expenses of the pro-
posed acquisitions and improvements for the Rainbow and Upper Truckee
Summer Home Tracts;
WHEREAS, in the opinion of this Board the public interest and
convenience require that the acquisitions and improvements included
in proceedings heretofore undertaken by this Board pursuant to said
Resolution No. 1340 be made by and pursuant to two separate proceed-
ings with the costs and expenses chargeable upon two separate
assessment districts, which separate proceedings and assessment
districts will, in toto, cover the identical acquisitions and im-
provements and area (except said Alpine Campground and said Bridge
Summer Home Tract) referred to in Resolutions Nos. 1227, 1228 and
1229, adopted by this Board on November 21, 1968, Resolution No.
324-69, adopted by the Board of Supervisors of E1 Dorado County,
California, on September 16, 1969, and Resolution No. 1339, adopted
by this Board on October 2, 1969; and that it is the intention of
this Board to express its intention to order the portions of said
acquisitions and improvements not covered by the hereinafter ordered
amended description (except said Alpine Campground and said Bridge
Summer Home Tract) by A Resolution of Intention to Acquire and Con-
struct Improvements, to be hereafter adopted and to be captioned
"Assessment District 1968-3G;"
NOW~ THEREFORE, IT IS HEREBY ORDERED as follows:
lo That the caption of said Resolution No. 1340 be, and it
is hereby, amended to read "Assessment District 1968-~F~"
2o That the boundaries of this assessment district shall be,
and are hereby, modified to exclude the lands within said Alpine
Campground and said Bridge Summer Home Tract and other lands not
shown on the map of Assessment District 1968-~F hereinafter referred
to~ and paragraph l0 of said Resolution No. 1~40 shall be, and is
hereby, amended by substituting therein for the words "Preliminary
Map of Assessment District 1968-B" the words "Proposed Boundaries
of Asaessment District 1968-BF" (the map so entitled having been
filed in the office of the Clerk of this District on November 6,
1969 );
5. That said Resolution No. 1340 is hereby amended by delet-
ing paragraph 15 thereof and by amending the description of acqui-
sitions and improvements in paragraph I of said Resolution No. 1~40
to read as set forth in Exhibit A attached hereto and incorporated
herein by reference.
A~STo
'/s/ Robert W. Fesler
President
South Tahoe Public Utility District
/~/ David W. Callahan
Clerk and Ex-officio Secretary
--2--
a) The installation and construction of sanitary sewer
systems, including collection sewers, necessary pumping sta-
tions 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 limitation, Grass Lake
Creek Units Nos. I and 2, Southgate Subdivision, Southgate
Subdivision Unit No. 2, Rainbow Summer Home Tract and Upper
Truckee Summer Home Tract);
b) The acquisition within said boundaries of a right of
service and use in the existing sanitary sewerage and sewage
treatment and disposal facilities of said Utility District,
other than the facilities described in clause "c" hereof', which
help provide service to and which are of benefit to the prop-
erties within said area;
c) The acquisition within the boundaries of said assess-
ment. district~of a right of service and use in the existing
sanitary sewage facilities of Improvement District No. U-1 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 resi-
dential building for each assessment parcel (geing three units
as defined for the purpose of Ordinance No. l~l of said Utility
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 1968-3F
the
vote:
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
6th day of November
, 1969, by the following
AYES, and in favor thereof, Directors:
NOES, Directors: None
Wakeman
Kortes
Fesler
Hegarty
ABSENT, Directors 2 ~ Ream
Clerk and Ex-Officio Secretary
South Tahoe Public Utility District
I hereby certify that the foregoing is a full, true and
corm. ct 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
2 day of___.Oq_t.o..b, er , ...... 1969, by the following
the
vote:
AYES, and in favor thereof, Dlreetors:
NOES: Directors: NONE
ABSENT: Dh-ectors: Hegarty
l/Vakeman
Korte s
Fesler
Re a m
Clerk and Ex-Officio Secretary
South Tahoe Public Utility District