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Resolution No. 2159, 332T131a WMAM:HEK :shs loc 8/28/79 RESOLUTION NO. 2 1 5 9 A RESOLUTION APPROVING INDEMNITY BOND AND DIRECTING ISSUANCE OF DUPLICATE SECURITY IMPROVEMENT DISTRICT NO. U -1 RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California (hereinafter referred to as "District "), that WHEREAS, it appears by a petition and affidavit of loss received by the Clerk and ex officio Secretary of the District, dated August 20, 1979, that the hereinafter described bond and coupons (hereinafter collectively called "Security "), held by Paine Webber Jackson & Curtis, Inc. (hereinafter called "Owner "), were lost or destroyed under the circumstances set forth in said affidavit. Said Security is described as follows: Bond of South Tahoe Public Utility District for Improvement District No. U -1, Series A Bond Maturity Date Principal Interest Coupons Number July 2 Amount Rate Numbers Due 153 1990 $5,000 6.00% 22 -45 1/2/79 thru 7/2/90 WHEREAS, said Security has'not been paid or presented for payment; WHEREAS, Owner is desirous that this Board issue a duplicate of said Security; and WHEREAS, Owner has tendered to this Board a lost instrument indemnity bond numbered 046528 Item #47, issued by United States Fire n • oZis"9 f Insurance Company, a corporation organized under the laws of the State of New York, authorized to do business in the State of California, conditioned to indemnify the District, its officers, employees and agents, and their respective legal representatives, successors and assigns against loss or damage that may be incurred by District on account of said Security so lost or destroyed, or by reason of the execution and issuance of duplicate Security; NOW, THEREFORE, THIS BOARD HEREBY ORDERS, as follows: 1. That said indemnity bond be, and the same is hereby, approved and accepted. 2. That the Clerk and ex officio Secretary of the District shall cause to be prepared a duplicate of said lost or destroyed Security, upon which shall appear the following words: "Issued as a duplicate, in place of original of same number, date and denomination claimed to have been lost or destroyed. Only one is to be paid." 3. That all expenses in connection with the preparation and issuance of duplicate Security shall be paid by Owner. 4. That said duplicate Security shall be signed and executed by the same officer or officers who signed and executed the original Security claimed to have been lost or destroyed, or shall be signed and executed by the successor officer or officers, either by facsimile signature or by manual signature, as permitted by law. Upon compliance with the terms hereof, said duplicate Security shall be delivered to Owner. 5. That the Treasurer of E1 Dorado County, ex officio treasurer of the District, or any designated paying agent of said Treasurer, is hereby directed to pay said duplicate Security upon presentation thereof on or after the maturity date or dates thereof, providing that the original Security has not been paid. 6. That the Clerk and ex officio Secretary shall attach a certified copy of this resolution to said indemnity bond and the same, together with said petition and affidavit of loss, shall be filed in the Clerk and ex officio Secretary's office. 2 �. 7. That a certified copy of this resolution shall be forwarded to JL the Treasurer of E1 Dorado County and to Bank of America National Trust and Savings Association, Corporate Agency Division, P.O. Box 37000, San Francisco, CA 94137. President South Tahoe Public Utility District ATT ST: Aj io C1 d x -o ficio Secretary 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, El Dorado County, California, at a meeting thereof duly held on the _. 6th day of September , 1979, by the following vote: AYES, and in favor thereof, Directors: Kashuba, Olson, Cocking, Fieldcamp, Jones NOES, Directors: None ABSENT, Directors: None C d x -of icio Secretary South ah a Public Utility District 0 R 3 0 ,2 i S y ;W P E T I T I O N For Issuance of Duplicate Bonds and /or Coupons To Replace Lost, Stolen or Destroyed Originals TO: The Honorable Board of Directors of South Tahoe Public Utility District South Lake Tahoe, California Members of the Board: Pursuant to Chapter 3, Part 1, Division 2 of Title 5 of the California Government Code, you are petitioned to authorize the issuance of a duplicate of each bond and /or coupon listed below (hereinafter collectively called "Security "), none of which has been redeemed or paid and all of which have been lost, stolen or destroyed. SECURITY: Bond of South Tahoe Public Utility District for Improvement District No. U -1, Series A , dated July 2, 1967. Maturity Date Principal Interest Coupon Numbers Bond Number July 2 Amount Rate (Inclusive) 153 1990 $ 5,000 6.00% 22 - 45 Accompanying this request are the following: 1. Affidavit of Loss, executed by the undersigned, offered as proof of loss. 2. An Open Penalty Indemnity Bond, executed by the undersigned and U.S. Fire Insurance Comaanv a corporate surety authorized to do business in California, offered as security to indemnify against any loss the South Tahoe Public Utility District, its officers, employees and agents, may incur on account of the issuance of the duplicate Security as requested. Dated AUG 2 0 1979 , 1979. PAINE WEBBER JACKSON & CURTIS, INC. Petitioner �E I q_ tw STATE OF NEW YORK ) ) ss COUNTY OF NEW YORK ) AFFIDAVIT OF LOSS PAINE WEBBER JACKSON & CURTIS, INC. (hereinafter called "affiant "), being duly sworn, deposes and says: A-� (1) That affiant is the sole owner of each bond and /or coupon herein described (hereinafter collectively called "Security "): SECURITY: Bond of South Tahoe Public Utility District for Improvement District No. U -1, Series A, dated July 2, 1967. Maturity Date Principal Interest Coupon Numbers Bond Number July 2 Amount Rate (Inclusive) 153 1990 $ 5,000 6.00% 22 - 45 ( That on or about October 16, 1978, the Security was lost, stolen or destroyed under the following circumstances: destroyed by fire in our security vault. Supporting documentation, such as report of theft or report of loss, etc., is /is not attached. (3) That affiant has made or caused to be made, diligent search for the Security and has been unable to find or recover same; that affiant has not sold, assigned, endorsed, transferred, deposited under any agreement, or hypothecated the Security or any interest therein, or signed any power of attorney or other authorization respecting same which is now outstanding and in force; and that no person, firm, or corporation other than affiant has any right, title, claim, equity or interest in, to or respecting the Security or the proceeds thereof. (4) That this affidavit is made and the accompanying bond of indemnity is given for the purpose of inducing the South Tahoe Public Utility District, El Dorado County, California, to issue duplicate definitive Security in substitution thereof. Dated: A G� 2 U i 19 , 1979. PAINE WEBBER JACKSON & CURTIS, INC. Affiant it STATE OF NEW YORK COUNTY OF NEW YORK ss On this Z� ay of a" , 1979, before me personally came �c,.c�sr� �✓ .<t" to me known, who being by me duly sworn, did depose and sap. that he is Attorney -in -Fact of Paine Webber Jackson & Curtis, Inc., the Corporation described in and which executed the foregoing instrument, and that he signed his name thereto by authority granted to him in accordance with the By -Laws of the said Corporation. Notary 1' in and for the County of New r State of New York (SEAL) JOHN J. MEYER Notary Public, State of New York No 52- 460o617 Qualified fn Suffolk County Commission Expires March 30, 1980 l CRUM,�FORSTER , INSURANCE COMPANIES THE POLICY MAKERS OPEN PENALTY INDEMNITY BOND Bond No. 0+6528 Item #47 1 kn 0 bv aU AM bP Mtge pre0entg, that UNITED STATES FIRE INSURANCE COMPANY a corporation organized under the laws of THE STATE OF NEW YORK and duly authorized to transact the business of insurance in the States of New York and CALIFORNIA office and place of business at 110 WILLIAM STREET , among other States, and having an NEW YORK, N.Y- 10038 as Obligor (hereinafter called "Obligor ") is held and firmly bound unto SOUTH TAHOE PUBLIC UTILITY DISTRICT, ITS EMPLOYEES, OFFICERS AND AGENTS 5 n 12 and unto all such individuals, firms and corporations as may now or hereafter be acting as Transfer Agent(s), Registrar(s), Redemption Agent(s), Depositary(ies), Trustees and unto any other Paying, Distributing or Dis- bursing Agent or Agencies in respect of the below - mentioned certificate(s), their respective legal representatives, successors and assigns (hereinafter collectively called "Obligees "), in an aggregate sum not exceeding the maxi- mum for which Obligor may lawfully obligate itself in respect of any single risk, lawful money of the United States, sufficient to indemnify Obligees, their respective legal representatives, successors and assigns, in case of a default under the conditions of this bond as hereinafter set forth, to be paid to Obligees, their respective legal representatives, successors or assigns, as interest may appear; for which payment well and truly to be made the Obligor binds itself, its legal representatives, successors, and assigns, jointly and severally, firmly by these presents. SEALED with its seal and executed in THREE counterparts, this 7th day of August , 1979 . WHEREAS, the Obligor represents that Paine Webber Jackson & Curtis Incorporated have possession and hold the following described securities on behalf Of one of its customers: Bond of South Tahoe Public Utility District for improvement District No.0 -1 Series A; $5M Bearer Bond No. 153, 6% due 7/2/90 with 1,/2/79 SCA (such security or securities being hereinafter called "original" or "originals "), and that the same has been mislaid, lost, stolen or destroyed and cannot be found or produced, by virtue of which the Obligor h ave requested Obligees to issue to Paine Webber Jackson & Curtis Incorporated a new or duplicate instrument or instruments, or to pay to Paine Webber Ja so & Curtis the amount due on said original or originals without surrender or presentation tnerreol for cancellation or stamping or for any other purpose; and WHEREAS, on the faith of the foregoing representation and in consideration of this bond of indemnity, Obligees have complied or agreed to comply with said requests; NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if the Obligor, the legal representatives, successors or assigns of Obligor, or any of them, shall in case the original or originals be found or come into the hands, custody or power of any of them, or into the hands, custody or po wer of any corporation, firm or person, deliver or cause the same to be delivered unto Obligees in order cancelled, and shall also at all times d to be 'defend, indemnify and save harmless Obligees from and against any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabili- ties, losses, damages, costs, charges, counsel fees and other expenses of every nature and character by reason of the original or originals and /or the issuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purpoted like issue and amount which because of alteration, change or counterfeit may not be identified as or as not the said mislaid, lost, stolen or destroyed original or originals, or the making of any payment, credit, transfer, registration, conversion, exchange or delivery in respect of the original or originals ' -N it i�ht t or neglect on the part of Obligeest or any of them, or u pon their respective Officcr of inadvertence, accident, agents, clerks, or employees and /or omission or failure to inquire into, contest or litigate the right r any applicant to receive any payment, credit, transfer, registration conversion, exchange, issue or delivery in respect on of the original or the ells and/or the any secup the satisfaction of any l instrument ornnstrumentsunderr which , )r duplicates issued in or arising out of ginal or originals and /or ori duplicate or duplicates are issued or secured, and /or caused by, based upon or arising hen this Obligation shall be void; otherwise shall remain in full out of any other matter or thing whatsoever, t force and effect. AND the OOblig,e eSn that, i ase any litigation c shall be instituted t in any wise instrument relat d instruments hereby or agrees with the Oblig , affecting the an o en, behalf of the Obligees, if requested by them, or any of hem, and,,inllany event, will for such litigation pay all costs, counsel fees and charges connected therewith, whether such litigation shall have been participate in by it or not. The Obligor further agrees that in case the mislaid, lost, stolen or destroyed original or originals be found or will forthwith, come into the hands o oo any ss o ,titl he in O sbrument o r nst umets or pay to the Oblgees the full Obligees either such original market value thereof at such time. The Obligor agrees that, in case of any default under the conditions of this bond, it waives and releases any any loss, and all right or claim ag incurred b Obligor caused by,�basedhupon or aril ng out enfo of this bond expense or liability mcu Y by Obligees or any of them. The Obligor agrees that its liability hereunder shall be absolute, subject only to the conditions herein expressed. UNITED STATES FIRE INSURANCE COMPANY ,%. By: ancy r e 1 Attorney 'n -Fact PAINE , WEBBER , JACKS ON & CURTIS , INC BY: �: h ��� Edward W. Buckley Vice President STATE OF New York I ss.: COUNTY OF New York in the year 19 79 before me personally on the 20th day of August appeared Edward W. Buckley to me known, who being by me duly sworn, did depose and say: that he resides at 25 Broad Street, of New York, NY 10004 , that he is Vice President Paine Webber Jackson & Curtis Inc. the ; that the seal s affix d to said w hich ument auchi corporate seal;ethat was k the seal of d affixed by order of the board tion; that the of directors of said corporation; and that he signed his name thereto by like order. .......................... ................. t a .............. .. No lic ' and for the above County and State JOHN J MEYER Notary PuJkc, St -t �; New York r1y Commission expires ........... '.&.. ... N d .52-46 W- 7 .. ...................... unty Commission Expires March 30, 1980 FM 203.0.46 (6 -77) Printed in U.S.A. ACKNOWLEDGMENT BY SURETY ' � 7 /S? State of New Yo rk County of New York } ss.: On the 7th day of August 19 79 , before me personally came N CriVelli to me known, who, being by me duly sworn, did depose and say: that he resides New York, New York that he is the Attorney- in- Fac t o f Unit States Fire Insura the corporation described in and which executed the foregoing Company LORENZ K. WEIGI EIN instrument; that he knows the seal of said corporation; that the Notary Public, State of New York seal affixed to the said instrument is such corporate seal; that it No. 4683262 was so affixed under authority of the By -Laws of said corporatio Qualified in Westchester County n Ex fires March 30, 1980 and that he signed his name thereto by like order. Notary Pub;;a FM.203.00.82 (10 -72) Bonds and Stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. Securities carried at $106,151,743 in the above statement are deposited as required by law. STATE OF NEW JERSEY SS: COUNTY OF MORRIS WALTER T. BIEL, Senior Vice President & Treasurer and RICHARD L. WHITE, Vice President of the United States Fire Insurance Company being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31 st day of December, 1978 the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said Company on the 31st day of December, 1978 according to the best of their information, knowledge and belief, respectively. Corpornion i sow Sworn to and subscribed before me this 28th day of February 1979 * J A- ? ) - MARY J.DOODY NOTARY PUBLIC OF NEW JERSEY My Commission Expires Sept. 19, 1983 Senior Vice President & Treasurer Vice President NoLrid S"I FM.203.0.67 (3 -79) 31niteb *tnte,4 1F ire h#urance Compaq Opa•NIZEO 1824 NEW `/OAK N" STATEMENT AS OF DECEMBER 31, 1978 ASSETS LIABILITIES Bonds ............ $551,003,220 Losses and Loss Adjust - Stocks: ment Expenses .... $542,208,272 Preferred ........ $ 21,893,234 Taxes and Expenses. 22,838,617 Common ........ 156,402,864 178,296,098 Unearned Premiums... 228,156,606 Real Estate......... 16,676,304 Other Liabilities ..... 113,317,191 Cash and Bank Capital ........... $ 5,526,561 Deposits ........ 9,855,513 Paid in and Contributed Premium Balances Surplus ......... 16,987,232 Receivable ....... 70,451,265 Unassigned Surplus ... 120,436,382 Equities and Deposits in Surplus to Policyholders 142,950,175 Pools and Total Liabilities and Surplus $1,049,470,861 Associations ...... 28,630,359 Other Assets........ 194,558,102 Total Admitted Assets $1,049,470,861 Bonds and Stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. Securities carried at $106,151,743 in the above statement are deposited as required by law. STATE OF NEW JERSEY SS: COUNTY OF MORRIS WALTER T. BIEL, Senior Vice President & Treasurer and RICHARD L. WHITE, Vice President of the United States Fire Insurance Company being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31 st day of December, 1978 the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said Company on the 31st day of December, 1978 according to the best of their information, knowledge and belief, respectively. Corpornion i sow Sworn to and subscribed before me this 28th day of February 1979 * J A- ? ) - MARY J.DOODY NOTARY PUBLIC OF NEW JERSEY My Commission Expires Sept. 19, 1983 Senior Vice President & Treasurer Vice President NoLrid S"I FM.203.0.67 (3 -79) POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIRE INSURANCE COMPANY ( "Company "), a cor- poration duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, State of New Jersey, has made, constituted and appointed, and does by these presents make, con - stitute and appoint Nancy Crivel l i, E1 za R. Schier of New York, New York, each its true and lawful Agent(s) and Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and under takings--------------------------------------------- M S is ihet3mpirn t11em: as fWTy ana id fhe - same extent as if'sticTi - bonds fiaabeen dury executed'and 167cnow- ledged by the regularly elected officers of the Company at its principal or administrative offices in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1 9th d of September 19 7 8. Z, Attest: UNITED STATES IRE INSURANCE COMPANY V uwt Assistant Secretary tc ent H R nnese Harry ott Richard STATE OF NEW JERSEY) ss.: CO ORRIS ) ��tis� H day of September 19 . , before the subscriber, a duly rltfi(�QTIo"t�lry Ac of the State of New Jersey, came the above - mentioned Vice President and Assistant Secret niteAtites Fire Insurance Company, to me personally known to be the officers described in, and who eacutreced*tgnstrument, and they acknowledged the execution of the same, and being by me duly sworn, de- 2 RQ14 that tjoy are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument r,�o�rporat j %. f said Company, and the said Corporate Seal and their signatures as officers were duly affixed and s ifedJt�btMp... instrument by the authority and direction of the said Company. KM IN TESTIMONY WHEREOF, I have hHERBt�R t rrty nd affixed my seal at the Township of Morris, the day and year first above written. NOTARY. PUBLIC OF NEW JERSEY (Signed) MXCommission Expires April 19, (Seal) Notary Public This Power of Att:rncy -is• granted pursuant to Article IV of the By -Laws of UNITED STATES FIRE INSURANCE COM- PANY as now in full force and effect and which provides as follows: ARTICLE IV., Execution of Instruments: "The Chairman of the Board, Vice- Chairmar, of the Board, President, or any Vice - President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, and bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By -Laws of the UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect and which provides as follows: ARTICLE III., Section 9. Facsimile Signatures: "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced.... The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." CERTIFICATE State of New Jersey County of Morris 1. the undersigned, Assistant Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV. and Article III., Section 9. of the By -Laws of the Company are now in full force and effect. In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 7th day of August 1 9 79 By � 14 t ll � Assistant Secretary Frieda L. Bel 1 er FM 203.0.131 (7.75)