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Resolution No. 2088r RESOLUTION NO. 2088 WJML:RJH :K :ram 8/26/77 A RESOLUTION PROVIDING FOR ISSUANCE OF BONDS FIRST SALE - $150,000 SOUTH TAHOE PUBLIC UTILITY DISTRICT ASSESSMENT DISTRICT 1971 -1 (FALLEN LEAF LAKE AREA) RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, that WHEREAS, in proceedings conducted by this Board under and pursuant to its Resolution of Intention No. 1676, adopted April 6, 1972, this Board - has provided that serial bonds will be issued to represent the unpaid assess- m eets pursuant to the Improvement Bond Act of 1915, reference to said Reso- lution of Intention and the proceedings thereunder duly had and taken hereby being expressly made for further particulars; WHEREAS, Notice of the recordation of the assessment and of the time within which the separate assessments upon said assessment may be paid in whole or in part has been duly published and mailed in the manner provided by law, and a list of all assessments upon said assessment has been filed with the Treasury of E1 Dorado County, the ex officio Treasurer of this District; NOW, THEREFORE, IT IS HEREBY ORDERED, as follows: 1. List of Assessments That the assessments shown on said list of Assessments are shown on Exhibit A attached hereto and by reference �4 ade a part hereof, that the aggregate amount thereof is $1,347,012.37, and that for a particular description of the lots or parcels of land bearing the respective assessment numbers set forth in said list, reference is hereby made to the assessment and to the diagram recorded in the office of the District Engineer of this District after confirmation by this Board, the several lots or parcels of land represented by said assessment numbers being so numbered and designated upon said diagram and assessment as so confirmed and recorded, severally and respectively. . z ' _ 2. Issue Bonds in the amount of $150,000.00 shall be issued upon the security of said assessments in accordance with the provisions of the Improvement Bond Act of 1915 (Division 10 of the Streets and High- ways Code) and under and pursuant to the provisions of said Resolution of Intention and the proceedings thereunder duly had and taken. Jurisdiction is hereby reserved by this Board to issue additional bonds in one or more increments as funds are required for the project, which bonds, together with the bonds herein authorized, shall not exceed in aggregate the total amount of the unpaid assessments as shown on a list to be filed with said Treasurer after the expiration of the period in which to pay assessments in cash. The bonds herein provided to be issued shall be known as "Improve- ment Bonds, South Tahoe Public Utility District, Assessment District 1971 -1, Series 1971 -1A," be dated September 2, 1977, be numbered, of the denominations and mature on the dates and in the amounts as set forth in Exhibit B hereto attached and by this reference made a part hereof. 3. Interest. Said bonds shall bear interest from their date at the rate or rates determined by this Board at the time of sale of said bonds (not to exceed eight percent (8 %) per annum), payable on January 2, 1979, and semiannually thereafter on July 2 and January 2 of each year to maturity. Each bond will continue to bear interest after maturity at the rate stated therein, provided it is presented at maturity and payment thereof is refused on the sole ground that there is not sufficient money in the redemption fund provided for herein with which to pay same; if not presented at maturity, interest thereon will run only until maturity. 4. Payable The principal of and interest on said bonds shall be payable in lawful money of the. United States of America at Bank of America National Trust and Savings Association, the Paying Agent of the District's Treasurer, at its principal office in San Francisco, California. Principal and interest on any fully registered bonds and principal on any bonds registered as to principal only shall be paid. by check, draft or warrant mailed to the registered owner at the registered owner's address as the same appear on the register maintained by the Paying Agent. • -2- 5. Form. The bonds, the registration endorsement thereon and the coupons to be attached to the bonds shall be substantially in the forms set forth in Exhibit C hereto attached and by this reference made a part hereof. 6. Execution The bonds shall be executed on behalf of the District and under its official seal by the Treasurer and by the Clerk and ex officio Secretary of the District, shall be executed by the Treasurer whose signature may be reproduced on the bonds and coupons by engraved, printed or lithographed facsimile thereof, and the official seal may be placed on the bonds in like manner; such signing and sealing shall constitute and be a sufficient and binding execution of each and every one of said bonds and coupons thereof, respectively. If any officer whose signature or countersignature appears on the bonds ceases to be such officer before the delivery of the bonds to the purchaser, such signature or countersignature shall be as valid as if such officer had remained in office until the delivery of the bonds. 7, Proceeds of Sale of Bonds The proceeds received from the sale of the bonds, including any premium, shall be placed in the fund for the acquisition and construction of the project, except that any interest accrued from the date of the bonds to the date of delivery there- of shall be placed in the redemption fund provided for herein. 8. Redemption Fund The Treasurer shall keep a redemption fund designated by the name of the bonds, into which shall be placed any accrued interest and all suns received from the collection of unpaid assessments provided for in Section 9 hereof, and of the interest and penalties thereon, and from which fund disbursement shall be made to pay the principal of the bonds and the interest due thereon. 9. Collection of Unpaid Assessments. The unpaid assessments shown on said list to be filed with the Treasurer, together with the interest thereon, shall be payable in annual series corresponding in number to the number of serial maturities of the bonds issued. An annual proportion of each unpaid assessment shall be payable in each year preceding the date of maturity of each of the several series of bonds issued, sufficient -3- to pay the bonds when due, and such proportion of each unpaid assessment :oming due in any year, together with the annual interest thereon, shall be payable in the same manner and at the same time and in the same in- stallments as the general taxes of the District on real property are pay- able, and become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after de- linquency as do the general taxes on real property of the District. All sums received from the collection of said unpaid assessments and of the interest and penalties thereon shall be placed in the redemption fund provided for herein. 10. Callable Each of the bonds may be redeemed and paid in advance of maturity upon the second day of January or July in any year after their date by giving at least 60 days notice and by paying the prin- cipal amount thereof together with a premium equal to 5% of the principal lus interest to the date of advanced maturity, unless sooner surrendered, in which event said interest will be paid to the date of payment, all in the manner and as provided in the Improvement Bond Act of 1915. The provisions of Part 11.1 of the bond act are applicable to the advance payment of assessments and to the calling of bonds. 11. Books of Registration The Paying Agent as bond registrar shall maintain sufficient books for the registration and transfer of the bonds, and, upon presentation for such purpose, the Paying Agent shall, and under such reasonable regulations as the Paying Agent may prescribe, register or transfer or cause to be registered or transferred, on said register, the bonds as herein provided. 12. Registration of Bonds Each of said bonds may be registered as to both principal and interest or as to principal alone, upon the written request of the holder and presentation of the bond to the Paying Agent for such purpose. (a) Principal and Interest When a bond is presented for registration as to both principal and interest, the coupons shall be removed therefrom and canceled (or preserved in a place of safekeeping, at the option of the Paying Agent), and the number of -4- the bond, the name and address of the holder in whose name it is to be registered, and the date of such registration shall be entered in the book of registered bonds required to be maintained by the Paying Agent pursuant to Section 11 hereof, and a notation shall be made therein and on the bond that registration is as to both principal and interest. Until such registration is discharged as hereinafter provided, the interest when due shall be payable only to the registered owner and the principal when due shall be payable only to such owner upon surrender of the bond to.the Paying Agent. (b) Principal Only When a bond is presented for registra- tion as to principal only, the number of the bond, the name and address of the holder in whose name it is to be registered, and the date of such registration shall be entered in the book of registered bonds, and a notation shall be made therein and on the bond that registration is as to principal only. In such case, the coupons remain negotiable and transferable by delivery and shall not be removed from the bond. Interest on such bond shall be paid to the person presenting the coupons for payment; principal, however, shall be paid only to the registered owner upon surrender of such bond to the Paying Agent. (c) Transfer A registered bond may be transferred only by the registered owner, in person or by attorney duly authorized, by a written instrument of transfer in form acceptable to the Paying Agent, and by the Paying Agent endorsing such transfer on the bond ,and in the registry book. (d) Deregistration A registered bond may be discharged from registration upon written request of the registered owner. In such case, the Paying Agent shall transfer the bond to bearer by appro- priate endorsement on the bond and in the registry book, cause all unmatured coupons that have been removed from the bond,to be reat- tached to the bond (such coupons to be reprinted, if necessary), and deliver the bond and coupons to the owner, and thereupon -5- negotiability and transferability by delivery shall be restored. Until registered again, the principal of the bond and the interest thereon shall be payable when due to the person surrendering the coupons and bond to the Paying Agent. (e) Reregistration Deregistered bonds may be regis- tered again in the manner heretofore provided. (f) Charges The person requesting registration, transfer, or deregistration shall pay the Paying Agent's charges therefor, including any cost of reprinting the coupons and any tax or other governmental charge required to be paid with respect thereto. 13. On the basis of the facts, estimates and circumstances _ now in existence and in existence on the date of issue of the bonds, as determined by the Treasurer, the Treasurer is authorized to certif y that it is not expected that the proceeds of the issue will be used in a man- ner that would cause such obligations to be arbitrage bonds. Such certification shall be delivered to the purchaser together with the bonds. 14. The Clerk and ex officio Secretary shall forward certified copies of this resolution to the Treasurer and to the Auditor of El Dorado County. ATTEST: rest ent/ South Tahoe Public Utklity istrict WO / � �/-� I WO N M ASSESSNIENT ROLL ASSESSMENT DISTRICT 1971 -1 AS AMENDED BY RESOLUTION NOS 2076 & 2078 71 -1- 67 71 - -1- 6,i 71 -1- 70 71 -1- 71 71 -1- 72 71 -1- 73 71 -1- 74 71 -1- 75 71 -1- 76 71 -1- 77 71 -1- 78 71 -1- 79 71 -1- 80 71 -1- 81 71 -1- 82 71 -1- 83 71 -1- 84 21- 210 -08 21- 210 -03 21- 210 -06 21- 401 -07 21- 401 -08 21- 401 -06 21- 401 -05 21- 401 -04 21- 401 -09 21- 401 -03 21- 401 -02 21- 401 -01 21- 391 -07 21- 391 -06 21- 391 -05 21- 391 -04 21- 391 -03 South Tahoe Public Utility District Assessment District 1971 -1 EXHIBIT A 7,994.05 5,020.14 10,176.98 8,338.29 4,679.04 7,831.09 7,831.09 7,831.09 5,415.11 7,831.09 7,822.49 7,796.67 8,077.73 8,417.56 12,959.74 7,907.07 10,604.34 71 -1- 46 21- 150 -03 206,784.38 71 -1- 47 21- 190 -07 12,820.13 71 -1- 49 21- 190 -04 5,415.11 71 -1- 50 21- 190 -03 5,235.85 71 -1- 52 21- 190 -06 5,415.11 71 -1- 53 21- 190 -05 5,525.51 71 -1- 54 21- 190 -09 17,192.10 71 -1- 55 21- 410 -11 127,820.50 71 -1- 56 21- 201 -08 4,677.01 71 -1- 57 21- 201 -07 4,972.90 71 -1- 60 21- 201 -04 10,567.53 71 -1- 61 21- 201 -03 10,015,49 71 -1- 62 21- 2 - 10 -02 5,500.04 71 -1- 63 21- 210 -07 5,465.62 71 -1- 64 21- 210 -05 5,500.04 71 -1- 65 21- 210 -01 7,924.29 71 -1- 66 21- 210 -09 4,378.18 71 -1- 67 71 - -1- 6,i 71 -1- 70 71 -1- 71 71 -1- 72 71 -1- 73 71 -1- 74 71 -1- 75 71 -1- 76 71 -1- 77 71 -1- 78 71 -1- 79 71 -1- 80 71 -1- 81 71 -1- 82 71 -1- 83 71 -1- 84 21- 210 -08 21- 210 -03 21- 210 -06 21- 401 -07 21- 401 -08 21- 401 -06 21- 401 -05 21- 401 -04 21- 401 -09 21- 401 -03 21- 401 -02 21- 401 -01 21- 391 -07 21- 391 -06 21- 391 -05 21- 391 -04 21- 391 -03 South Tahoe Public Utility District Assessment District 1971 -1 EXHIBIT A 7,994.05 5,020.14 10,176.98 8,338.29 4,679.04 7,831.09 7,831.09 7,831.09 5,415.11 7,831.09 7,822.49 7,796.67 8,077.73 8,417.56 12,959.74 7,907.07 10,604.34 71 -i- -85 71 -1- 86 71 -1- 87 71 -1- 88 71 -1- 89 71 -1- 90 71 -1- 91 71 -1- 92 71 -1- 93 71 -1- 94 71 -1- 95 71 -1- 96 71 -1- 97 71 -1 -102 71 -1 -103 71 -1 -104 71 -1 -105 71 -1 -106 71 -1 -108 21- 391 -08 21- 391 -09 21- 391 -01 21- 381 -04 21- 381 -03 21- 381 -06 21- 381 -05 21- 381 -01 21- 371 -05 21- 371 -04 21- 371 -03 21- 371 -02 21- 371 -01 21- 331 -06 21- 331 -11 21- 331 -10 21- 331 -05 21- 331 -12 21- 331 -04 6,618.41 71 -1 -109 = 1,962.27 71 -1 -110 10,530.73 71 -1 -111 7,312.00 71 -1 -113 9,316.23 71 -1 -114 11,818.84 71 -1 -115 9,396.98 71 -1 -116 8,973.45 71 -1 -117 9,241.16 71 -1 -118 8,567.16 71 -1 -119 8,529.44 71 -1 -120 7,104.54 71 -1 -121 9,012.64 71 -1 -122 12,039.66 71 -1 -123 4,611.45 71 -1 -124 5,415.11 71 -1 -125 7,563.40 71 -1 -126 7,991.31 71 -1 -127 13,210•.10 71 -1-128 21- 331 -03 21- 331 -02 21- 331 -01 21- 321 -05 21- 321 -10 21- 321 -09 21- 321 -03 21- 321 -12 21- 321 -19 21- 321 -17 21- 321 -13 21- 321 -02 21- 321 -23 21- 321 -24 21- 321 -22 21- 321 -15 21- 311 -25 21- 311 -24 21- 311 -23 8,911.40 7,946.26 8,616.97 6,405.29 9,029.85 5,793.00 10,006.32 5,415.11 5,783.13 5,783.13 4,685.62 10,263.04 10,751.55 6,781.92 12,223.67 5,415.11 5,015.94 4,998.72 4,990.12 0 South Tahoe Public Utility District Assessment District 1971 -1 EXHIBIT A ii ti 71 -1 -129 21- 311 -17 " /1 -1 -i-8 21- 2 61 -35 4,445.65 71 -1 -130 21- 311 -16 .1 -I -159 21- 261 -29 4,809.38 71 -1 -131 21- 311 -15 4,.3 71 -1- 160 21- 261 -23 4,625.37 71 -1 -132 21- 311 -14 4,964.30 71 -1 -161 21- 261 -15 4,917,42 71 -1 -133 21- 311 -12 4,964,30 71 -1 -162 21- 261 -20 4,642.59 71 -1 -134 21- 301 -14 4,921.27 71 -1 -163 21- 261 -22 4,980.04 71 -1 -135 21- 301 -13 4,904.06 71 -1 -164 21- 261 -10 5,409.78 71 -1 -136 -21- 301 -12 4,869,64 71 -1 -165 21- 261 -16 5,427.00 71 -1 -137 21- 301 -15 4,252.42 71 -1 -166 21- 261 -17 5,156.92 71 -1 -138 21- 301 -16 4,800.78 71 -1 -168 21- 281• -03 5,967.15 71 -1 -139 21- 281 -10 4,813.00 71 -1 -169 21- 281 -11 5,165.53 71 -1 -140 21- 281 -18 4,633.74 71 -1 -170 21- 281 -04 5,783.13 71 -1 -141 21- 281 -17 5,: "02.01 71 -1 -171 21-- 301 -10 7,807,30 71 -1 -142 21- 281 -16 6,519.19 71 -1 -172 21- 301 -05 5,007.33 71 -1 -143 21- 261 -12 5,037.91 71 -1 -173 21- 301 -06 4,895.45 71 -1 -153 . 21- 261 -34 4,384.41 71 -1 -174 21- 301 -11 5,783.13 71 -1 -155 21- 261 -33 3,973.34 71 -1 -175 21- 301 -09 4,886.84 71 -1 -156 21- 261 -27 4,620.06 71 -1 -176 21- 311 -07 5,530.27 71 -1 -157 21- 261 -28 4,757.76 71 -1 -178 21- 311 -27 5,599.12 South Tahoe Public Utility District Assessment Distract 1971 -1 EXHIBIT A iii M South Tahoe Public Utility District Assessment District 1971 -1 EXHIBIT A iv in 71 -1 -179 21- 31 ;,: �. I1 -1 -1J0 - 251 -10 21 ,151.62 71 -1 -180 21- 311 -22 = , =i � " %.�L' 71 - 1 -200 21- 251 -09 21,335.64 71 -1 -181 21- 311 -13 = •,i 3.13 71 - 1 1 -201 21- 251 -14 21,519.65 71 -1 -182 21- 311 -06 8, 61.00 71 -1 -202 21- 251 -13 6,335.18 71 -1 -183 21- 311 -20 5,827.2 71 -1 -203 21- 241 -01 26,208.85 71 -1 -184 21- 311 -19 6,583.98 71 -1 -204 21- 231 -01 11,561.21 71 -1 -185 21- 311 -03 10,935.56 71 -1 -214 21- 261 -36 4,479.07 71 -1 -186 21- 311 -02 7,257.93 Total $ 1,347,012,37 71 -1 -187 21- 311 -01 7,7;.67 71 -1 -188 21- 301 -23 5,916.77 71 -1 -189 21- 301 -21 11,671.63 71 -1 -190 21- 301 -22 x,916.77 71 -1 -191 21- 301 -20 4,c:,'8.74 71 -1 -192 21- 301 -19 7,742.66 71 -1 -194 21- 281 -15 14,358.25 71 -1 -195 21- 261 -32 12,922.93 71 -1 -196 21- 261 -30 14,505.46 r71 -1 -197 21- 261 -02 12,775'.72 71 -1 -198 21- 261 -01 9,095.41 South Tahoe Public Utility District Assessment District 1971 -1 EXHIBIT A iv in