Resolution No. 1467 4 RESOLUTION 1467
A RESOLUTION OF APPLICATION BY SOUTH TAHOE PUBLIC
UTILITY DISTRICT REQUESTING THAT LOCAL AGENCY
FORMATION COMMISSION TAKE PROCEEDINGS FOR
ANNEXATION OF TERRITORY TO THE DISTRICT
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ANNEXATION 1970 -3
(HAROOT UNIAN)
RESOLVED, by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY
DISTRICT, El Dorado County, California, that
WHEREAS, the District proposes to initiate preliminary proceedings
pursuant to the District Reorganization Act of 1965, Title 6, Division 1, of
the Government Code of the State of California (commencing with Section 56000)
as amended, for annexation of the territory described in EXHIBIT A attached
hereto and made a part hereof (hereinafter sometimes referred to as the territory);
WHEREAS, the proposed annexation of the territory to SOUTH TAHOE PUBLIC
UTILITY DISTRICT will not affect any other District nor any city, but will affect
the County of El Dorado, State of California, and
WHEREAS, the territory proposed to be annexed is uninhabited as such
term is defined in the Government Code, Section 56045, and a description of
the exterior boundaries of the territory is set forth in said EXHIBIT A; and
WHEREAS, it is desired to provide that the proposed annexation be
subject to the terms and conditions described in EXHIBIT B attached hereto and
made a part hereof; and
WHEREAS, because of the geographical location of the territory to be
annexed, the District can adequately and economically furnish services, and
there is presently no prospect that any other such agency will be able to so
furnish such services within the reasonably foreseeable future; and
WHEREAS, all of the owners of land within the territory have given
their written consent to the proposed annexation;
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED
AS FOLLOWS:
1. That this resolution of application be, and it is hereby adopted
by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, and the
Local Agency Formation Commission be, and it is hereby requested to take
proceedings for the annexation of the territory described in said EXHIBIT A, and
on the terms and conditions stated in said EXHIBIT B, and in the manner provided
by the District Reorganization Act of 1965;
2. That the Local Agency Formation Commission is further requested
to approve the proposed annexation without notice and hearing by the Commission
and to approve and authorize the Board of Directors of the District to annex the
territory without notice and hearing by the Board of Directors and without an
election;
3. That the Board of Directors hereby waives mailed notice pursuant
to Section 56261 of the Government Code, and hereby consents to the Commission's
approval of the annexation without notice or hearing;
4. That the Secretary of the District be, and he is hereby authorized
and directed to file a certified copy of this resolution with the executive officer
of the El Dorado County Local Agency Formation Commission and to attach thereto
proof of the written consent of such annexation of all of the owners of land within
the territory proposed to be annexed, and that the District Finance Officer be,
and he is hereby, authorized and directed to pay from available funds of the
District any fees up to the amount of $500.00 as established by the El Dorado
County Local Agency Formation Commission pursuant to Section 56133 of the
Government Code.
-2-
PASSED AND ADOPTED at a duly held regular meeting of the Board of
Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT on August 6, 1970, by
the following vote:
AYES: Directors Fesler, Wakeman, Ream and Hegarty
NOES: None
ABSENT: Director Kortes
ROBERT W. FESLER, President of the
Board of Directors of SOUTH TAHOE
PUBLIC UTILITY DISTRICT
ATTEST:
DAVID W. CALLAHAN, Clerk of the
SOUTH TAHOE PUBLIC UTILITY DISTRICT
(SEAL)
A portion of Sections 3 and 10, T. 12 N., R. 18 E., M. D. M., El Dorado
County, California.
Commencing at the section corner common to Sections 2, 3, 10, and 11,
T. 12 N., R. 18 E., M. D. M., El Dorado County, California; thence,
S. 89 ° 08'44" W., 1322.05 feet; thence, N. 31 ° 50' W., 143.06 feet; thence,
N. 3 ° 13'30" E., 180.78 feet; thence, S. 89 ° 08'44" W. , 2,040.20 feet to
the point of beginning of this annexation; thence, from said point of beginning,
S. 0 ° 19'30" W., 1622.75 feet; thence, S. 89 ° 09'15" W., 536.89 feet; thence,
N. 0 ° 19'30" E., 1622.67 feet; thence, N. 89 °08'44" E., 536.89 feet to the
point of beginning. Containing 20.00 acres, more or less.
EXHIBIT "A"
EXHIBIT B
1 . In the event the District shall require any payment of )
a fixed or determinable amount of money, either as a lump sum or in
installments, for the acquisition, transfer, use or right of use or any
part of the existing property, real or personal, of the District, such
payment will be made as follows:
(a) If payment in a lump sum is required, payment of
such sum shall be made in cash to the District
prior to the effective date of such annexation; or
(b) If payment in installments is required, an agree-
ment providing for such payment shall be duly
executed with the District prior to the effective
date of such annexation.
(c) In lieu of any payment set forth in (a) or (b)
above, payment may be made through
1/ The formation of a new improvement district
or districts or the annexation or detachment
of territory to or from any existing improvement
district or districts;
2/ The incurring of new indebtedness or
liability by or on behalf of all or any part
of any district or of any existing or proposed
new improvement district therein;
3/ The issuance and sale of any bonds,
including authorized but unissued bonds.
(d) Annexation fees in effect at the time of the filing
of a written consent to annexation of territory to
South Tahoe Public Utility District shall be paid
to the District prior to the time that connection to
the District's system is made.
. P (e) The land to be annexed shall be included in and
form a part of Improvement District No. U -1 of
the South Tahoe Public Utility District formed
pursuant to Section 16407 of the Public Utilities
Code of the State of California, and Division 11,
Part 7 and Part 8 of the Water Code of the State of
California. The written consent to annexation of
territory to South Tahoe Public Utility District
executed by owners shall constitute a petition
for annexation to Improvement District No. U -1
of the South Tahoe Public Utility District without
Notice and Hearing.
EXHIBIT B
2. Upon and after the effective date of said annexation,
the territory, all inhabitants within said territory, and all persons
entitled to vote by reason of residing or owning land within the
territory shall be subject to the jurisdiction of the District, shall
have the same rights and duties as if the territory had been a part
of the District upon its original formation, shall be liable for the
payment of principal, interest, and any other amounts which shall
become due on account of any outstanding or then authorized but
thereafter issued bonds, including revenue bonds, or other contracts
or obligations of the District and shall be subject to the levying or
fixing and collection of any and all taxes, assessments, service
charges, rentals, or rates as may be necessary to provide for such
payment.
•
EXHIBIT B
1
CERTIFICATE OF RESOLUTION
STATE OF CALIFORNIA
)ss
COUNTY OF EL DORADO )
I, DAVID W. CALLAHAN, Clerk of the SOUTH TAHOE PUBLIC UTILITY
DISTRICT, County of El Dorado, State of California, do hereby certify that
the attached Resolution No. 1467 is a true, full and correct copy thereof,
and that said Resolution was duly adopted by the Board of Directors of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT. Said Resolution was passed and adopted by
the following vote of the members of the Board of Directors thereof on August 5,
1970:
AYES: Directors Fesler, Wakeman, Ream and Hegarty
NOES: None
ABSENT: Director Kortes
f " / e .
DAVID W. CALLAHAN, Clerk of the
SOUTH TAHOE PUBLIC UTILITY DISTRICT
(SEAL)