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HomeMy WebLinkAboutRES 2001-09 - Board Public Resolution No. 2001=09 Making determinations, confirming assessments and proceedings, ordering the acquisition and construction of improvements and taking certain other actions relating to Donner Lake Water Assessment District No. 00-1 WHEREAS, by resolution adopted on February 12, 2001 (the"Resolution of Intention"),this Board of Directors declared its intention to order the acquisition and construction of the improvements described in the Resolution of Intention (the "Improvements") and to form Donner Lake Water Assessment District No. 00-1 (the "Assessment District") under the provisions of the Municipal Improvement Act of 1913("the 1913 Act")in order to finance the acquisition and construction of the Improvements; and WHEREAS, by resolution adopted on February 12, 2001, this Board of Directors preliminarily approved a report relating to the Assessment District which was prepared by Terrance E. Lowell& Associates, Inc.(the"Assessment Engineer")under and pursuant to the 1913 Act and,in particular, Section 10204 of the California Streets and Highways Code (the"Engineer's Report"); and WHEREAS, this Board of Directors fixed April 4, 2001, at the hour of 7:00 p.m. at the regular meeting place of the Board of Directors, 11570 Donner Pass Road,Truckee,California,as the time and place for hearing protests and objections to the Improvements proposed in the Engineer's Report to be made, the extent of the Assessment District proposed to be created, and/or to the proposed assessment; and WHEREAS,the Clerk of the Board of Directors has caused notice to be given of the passage of the Resolution of Intention,the filing of the Engineer's Report and the time and place and purpose of the aforesaid hearing and has caused an assessment ballot to be distributed with such notice, all as required by Section 53753 of the California Government Code and Article XIIID, Section 4 of the California Constitution ("Article XIIID"); and WHEREAS, the Clerk of the Board of Directors has filed with this Board of Directors an affidavit setting forth the time and manner of the compliance with said requirements for mailing such notice and ballots; and WHEREAS,on April 4,2001 at the time and place stated in the aforesaid notice,a hearing was duly held by this Board of Directors and, during the course of said hearing, the Engineer's Report was duly presented and considered, all written protests and objections received, if any, were duly presented, read, heard and considered,and all persons appearing at said hearing and desiring to be heard in the matter of the Engineer's Report and the Assessment District were heard,and a full,fair and complete hearing has been conducted; and WHEREAS, this Board of Directors has received all assessment ballots filed with the Clerk of the Board of Directors prior to the conclusion of the hearing,and the Assessment Engineer has counted all ballots for and against the formation of the Assessment District as provided in Article XIIID; and WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting forth the Improvements to be acquired and constructed and the adjusted assessments, if any, and the Final Report has been filed with the Board of Directors and has been available for review any interested person; and WHEREAS, this Board of Directors has considered the assessment proposed in the Final Report and the evidence presented at the aforesaid hearing; and WHEREAS, the Improvements have been recommended in writing by the Health Officer of the County of Nevada as necessary as a health measure and a copy of the letter of said Health Officer (the"Health Officer's Letter")is attached hereto as Exhibit A and incorporated herein as though set forth at length; and WHEREAS, it appears that the Treasurer of the District is covered by a blanket fidelity bond covering the faithful performance of the duties imposed by law in an amount deemed by this Board of Directors to be adequate; and WHEREAS, under the provisions of the 1913 Act, funds collected by the Treasurer of the District pursuant to an assessment under the 1913 Act are required to be placed in a special improvement fund designated by the name of the assessment proceeding; NOW,THEREFORE,the Board of Directors of the Truckee-Donner Public Utilities District HEREBY FIND, DETERMINE, RESOLVE AND ORDER as follows: Section 1 The above recitals, and each of them, are true and correct. Section 2 The public hearing referred to in the recitals hereof has been duly held, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. This Board of Directors is satisfied with the correctness of the Final Report, including the assessment and diagram and the maximum annual assessment for administrative expenses, the proceedings and all matters relating thereto. Section 3 The Health Officer's Letter is ordered to be included in the minutes of this meeting;and, based on the Health Officer's Letter, on actions heretofore taken by the State of California Department of Health Services and on other information heretofore presented to the Board of Directors,the Improvements are found and determined to be necessary as a health measure, as described in Section 2808.5 of the California Streets and Highways Code. Section 4 The property within the Assessment District to be assessed as shown in the Final Report will be benefited by the Improvements. This Board of Directors overrules and denies any and all protests, objections and appeals made in regard to these proceedings. The Board of Directors further finds and determines that a majority of the ballots received are in favor of the assessment. In tabulating the ballots, the ballots were weighted according to the proportional financial obligation of the affected property. Section 5 This Board of Directors orders the proposed Improvements to be acquired and constructed in accordance with the Final Report and these proceedings. Section 6 The amount of the assessments shown in the Final Report and the proposed maximum annual assessment per parcel for administrative expenses shown therein are confirmed and are fixed in said amounts. Section 7 The amounts to be assessed against the individual parcels shown on the assessment diagram contained in the Final Report are hereby approved and confirmed; and the Clerk of the Board of Directors is authorized and directed to endorse the fact and date of such approval on the Final Report. Section 8 The assessment diagram and assessment is to be placed on file in the office of the District Engineer(serving as the Superintendent of Streets)and the Clerk of the Board of Directors is authorized and directed to record, or cause to be recorded, the assessment diagram and assessment in the offices of the County Recorders of the Counties of Nevada and Placer, as required by Sections 3114, 10401, 10402 and 10402.5 of the California Streets and Highways Code; and the Clerk of the Board of Directors shall record,or cause to be recorded,a Notice of Assessment as required by Section 3114 of said Code. Section 9 The Superintendent of Streets is authorized and directed to give notice of the recordation of the assessment, as provided in Section 10404 of said Code. Section 10 The Treasurer of the District is designated to receive the assessments paid during the 30 day cash payment period which shall commence on the date of recording the assessment diagram with the County Recorders. Section 11 This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the second day of May 2001 by the following roll call vote: AYES: Aguera, Hemig, Sutton and Maass. NOES: None. ABSENT: Van Gundy. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Jame . Maass, President ATTEST: SUSAN M. CRAIG, HEREBY CERTIFY THAT THE Peter L. Holzmeister, 016k of the Board FO ING IS A TRUE AND CORRECT CO Y —U AND lPTHER CERTIFY THAT SUCH DOCUMENT HAS :EEN ATEND LED.