06-21-84MINUTES
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
June 21, 1984
4:00 P.M.
The Board of Directors of the South Tahoe Public Utility District
met in a regular session, June 21, 1984, 4:00 P.M., 1900 Lake Tahoe
Boulevard, City Service Center.
BOARD OF DIRECTORS: President Madden,
Directors Wynn, Olson, Jones, Mason
ROLL CALL
STAFF: Cofer, Baer, Fischer, Mamath,
Bob Eppler, Schroeder, Tiran, Maxhimer,
Attorney Weidman (arrived late)
GUESTS: Sue Schlerf-Tribune, Ed Rankin-
Custodian, Burt Cherry-Fire Chief
Manager Cofer requested two changes:
1) Adjourn meeting to 10:00 A.M.
Monday, June 25th and
2) Defer Agenda Item 12 until that time
CORRECTIONS OR ADDITIONS
TO AGENDA
Moved Wynn/Second Olson/Passed
Unanimously to approve Consent Calendar
as presented:
(1) Award Fuel and Lubricants contract
to Bi-State Petroleum, Fiscal Year 84-85
Bid 83-84-17.
(2) Adopt District Policy for Clerical
and Material Costs Involved in the Dup-
lication and Production of Material(s).
(3) Authorize purchase of Radio Telem-
etry Equipment for Heavenly Valley Sewer
Project ($6,394 + tax and shipping) and
authorize billing Heavenly Valley for
cost.
CONSENT CALENDAR
Moved Olson/Second Mason/Passed
Unanimously to approve minutes of
June 7, 1984 Regular Board meeting
APPROVAL OF BOARD MINUTES
None
REPORT BY BOARD MEMBERS
SHOP STEWARD'S REPORT
Shop Steward Maxhimer reported there had
been two negotiation meetings. He felt
the meetings had gone very well.
None COMMITTEE REPORTS
REGULAR BOARD MEETING - JUNE 21, 1984 Page 2
6/8/84 - Hearing: Alpine County Right of
Entry to Heise Land & Livestock
(Judge Cook decided on a $2,000
Entry Fee)
6/13/84- Board Tour of Alpine County Project
6/15/84- Lahontan Board Mtg.: Proposed 1985
Priority List
6/18/84- Workshop/Agenda Items
6/21/84- State Water Resources Control Board
Appeal Waste Discharge Requirements
(Pemberton petition was denied)
Manager Cofer distributed copies of a
draft Inter-Agency Agreement to Board. The
Agreement would be between the three Public
Utility Districts (2/No. Shore & STPUD) and
private water companies on the California
side of the Lake. A meeting is scheduled
July 9th, 9:30 A.M. on the South Shore
(specific location undetermined). A copy
of the draft was sent to Anne Schneider be-
cause of water rights litigation. After re-
view by Board, Manager Cofer requested feed-
back and direction.
District received Safety of Dams permit for
Harvey Place (spillways, flood channels,
etc.).
Attorney Weidman stated he wished to
discuss Alpine County in Executive Ses-
sion.
President Madden questioned if paper work
of the legal opinion had been delivered to
State Board. Weidman said it would be
ready by Adjourned meeting on Monday.
Assistant Manager Baer reported on two
items:
1) C.P. National hit a District water line
(after location marked by B. Eppler's crew).
Line was down 4-5 hours. District crew did
repair.
2) The bypass Loop Road pipeline was re-
located by City contractor. District assis-
ted in shutting down line and getting it
back into service.
PAST MEETINGS
MANAGER'S REPORT
ATTORNEY'S REPORT
PROGRAM MANAGER'S REPORT
REGULAR BOARD MEETING - JUNE 21, 1984 .... Page 3
Fire Chief, Bert Cherry, introduced
"Pluggy", the Fire Dept's. remote control
fire hydrant, and demonstrated Pluggy's
abilities.
COMMENTS FROM AUDIENCE
(Short Non-Agenda Items)
BOARD ACTION
Moved Wynn/Second Olson/Passed
Unanimously to authorize payment in the
PAYMENT OF CLAIMS
amount of $380,323.61.
Presented by Finance Officer Fischer.
Moved Olson/Second Jones/Passed
Unanimously
Presented by Finance Officer Fischer.
Moved Jones/Second Mason/Passed
Unanimously
Presented by Finance Officer Fischer.
Moved Olson/Second Wynn/Passed
Unanimously
Finance Officer Fischer recommended
no action which would leave the issue
at the present no billing status.
No Action by Board
Presented by Finance Officer Fischer.
Moved Jones/Second Olson, Passed
Unanimously
Presented by Manager Cofer.
Moved Olson/Second Mason/Passed
Unanimously
Explanation by Ken Schroeder.
Moved Wynn/Second Olson/Passed
Unanimously
Explanation by Schroeder: To replace
580B.Backhoe.
Explanation by Purchasing Agent Tiran:
ADOPT WATER ENTERPRISE
FUND BUDGET FOR F.iY. 198~-85
BY RESOLUTION NO. 2342
ADOPT SEWER ENTERPRISE
FUND BUDGET FOR F.Y. 1984-85
BY RESOLUTION NO. 2343
ADOPT WATER RATE INCREASE
BY 4% STARTING JULY 1, 1984
BY RESOLUTION NO. 2345
PRIVATE FIRE LINE WATER
BILLING
ADOPT SEWER RATE INCREASE
BY 6% STARTING JULY 1, 1984
BY RESOLUTION NO. 2346
AUTHORIZE STAFF TO SUBMIT
REGISTRATION OF TEN FUEL
STORAGE TANKS TO STATE WATER
RESOURCES CONTROL BOARD
AUTHORIZE PURCHASE FROM
ALPINE COUNTY OF A USED HOT
BOX IN AN AMOUNT NOT TO EX-
CEED $35,000 CONTINGENT ON
APPROVAL OF ALPINE COUNTY
BOARD OF SUPERVISORS DE-
CLARING ITEM SURPLUS
AUTHORIZE GOING TO BID FOR
PURCHASE OF NEW BACKHOE
Answered questions re specifications and
purchase. Safety Specs written for a
Case Backhoe.
Moved Olson/Second Wynn/Passed
Unanimously
REGULAR BOARD MEETING - JUNE 21, 1984 Page 4
Presented by Finance Officer Fischer
Moved Jones/Second Olson/Passed
Unanimously.
Moved Jones/Second Mason/Passed
Unanimously
Moved Olson/Second Wynn/Passed
Unanimously
Explanation by Assistant Manager Baer.
Moved Wynn/Second Jones/Passed
Unanimously
WATERLINE REPLACEMENT PROJECT:
ment of Bid No. 84-85-01
Advertise-
Presented by Manager Cofer
Moved Olson/Second Mason/Passed
Unanimously
1) Public Hearing opened by Board
President Madden at 4:40 P.M.
2) Staff Report by Finance Officer
3) Public Comment: None
4) President Madden declared Public
Hearing closed at 4:43 P.M.
5) Board Action: Moved Olson/Second
Jones/Passed Unanimously
FALLEN LEAF LAKE SUPPLEMENTAL
ASSESSMENT DISTRICT 1971-1A:
ADOPT RESOLUTION NO. 2344
DETERMINING UNPAID ASSESS-
MENTS AND PROVIDING FOR
ISSUANCE OF BONDS IN THE
AMOUNT OF $166,114.15
ADOPT ORDINANCE NO. 367
AWARDING SALE OF BONDS TO
MILLER & SCHROEDER
AUTHORIZED ACCEPTANCE OF
PROPOSAL AND FEE SCHEDULE
FROM BANK OF AMERICA IN AN
AMOUNT NOT TO EXCEED $2,000
FIRST YEAR AND $1,500 SUB-
SEQUENT YEARS FOR ACTING AS
TRANSFER AGENT, REGISTRAR
AND PAYING AGENT
APPROVED WUNSCHEL AND SMALL
CONTRACT NO.1 CHANGE ORDER
NO. 1 IN THE AMOUNT OF
$7,500
DEFERRED TO JUNE 25th
ADJOURNED MEETING
AUTHORIZED ACCEPTANCE OF
INTERMOUNTAIN RESEARCH
PROPOSAL TO COMPLETE TESTING
OF TWO SPILLWAY SITES IN THE
INDIAN CREEK RESERVOIR
VICINITY, ALPINE COUNTY,
CALIFORNIA IN THE AMOUNT OF
$11,491
PUBLIC HEARING: ADOPTING
APPROPRIATIONS SUBJECT TO
LIMITATION FOR FISCAL YEAR
1984-1985
ADOPT RESOLUTION NO. 2339
ADOPTING APPROPRIATIONS
SUBJECT TO LIMITATION FOR
FISCAL YEAR 1984-1985.
REGULAR BOARD MEETING -JUNE 21, 1984 Page 5
6/25/84 - 10:00 A.M. Adjourned Regular
Board Meeting
7/2/84 - 4:00 P.M. Workshop/Agenda Items
7/5/84 - 4:00 P.M. Regular Board Meeting
7/9/84 - 9:30 A.M. Joint Meeting with
No. Shore PUD's and
STPUD
8/15-18 - CASA - Monterey
Items discussed:
1) Alpine County Litigation
None
4:45 P.M.
NOTICE OF FUTURE MEETINGS
ADJOURN TO EXECUTIVE SESSION
RECONVENE TO REGULAR SESSION
ACTION ON ITEMS FROM
EXECUTIVE SESSION
ADJOURNMENT TO JUNE 25, 1984
10:00 A.M.
SOUTH TAHf~FZPUBLIC UTILITY DISTRICT
ATTEST:
PAT A. MAMATH,t CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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RESOLUTION NO. 2342
A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT ADOPTING THE BUDGET FOR THE WATER
ENTERPRISE FUND FOR TIlE FISCAL yEAR 1984-85
BE IT RESOLVED, by the BOARD OF DIRECTORS of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT, COUNTY of EL DORADO, CALIFORNIA
that
The attached budget has been adopted for the Fiscal Year
beginning July. ~, 1984 and ending Juhe 30, 1985
AYES:
NOES:
ABSENT:
Madden, Wynn, Olson
Jones, Mason
None
None ryM~. ~~
Ma adde~, President
ATTEST:
Pat Mamath, Cl~rk 'of Board
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RESOLUTION NO. 2343
A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT ADOPTING THE BUDGET FOR THE SEWER ENTERPRISE
FUND FOR THE FISCAL YEAR 1984-85.
BE IT RESOLVED, by the BOARD OF DIRECTORS of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT, COUNTY of EL DORADO, CALIFORNIA
that
The attached budget has been adopted for the Fiscal Year
beginning July 1, 1984 and ending June 30, 1985
AYES: Madden, Wynn, Olson
Jones, Mason ~~ ~
NOES: None
ABSENT: None Mary M. ~a~den, President
SOUTH TAH~E PUBLIC UTILITY DISTRICT
ATTEST:
Pat Mamath, .Clerk of Board
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9.7
RESOLUTION NO. 2345
A RESOLUTION OF THE SOUTH TAHOE PUBLIC
UTILITY DISTRICT ESTABISHING RATES FOR
WATER SERVICE RATES
BE IT RESOLVED by the BOARD OF DIRECTORS of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT, EL DORADO COUNTY, CALIFORNIA,
that:
IT HAS ADOPTED THE FOLLOWING STARTING JULY 1, 1984:
SCHEpULE I
ANNUAL FLAT RATE SERVICE
a. Fora single dwelling unit
b. For a duplex
c. For a triplex
d. For a fourplex
e. For each additional unit
f. For a business establishment
when served from:
3/4" connection
l" connection
$164.00
312.00
424.00
535.00
88.00
222.00
335.00
SCHEDULE II
METERED SERVICE
A~nual MinimUm Rate
For 3/4 inch
For 1 inch
For 1 1/2 inch
For 2 inch
For 3 inch
For 4 inch
For 6 inch
For 8 inch
For 8 inch
.-Per Meter
$ 94.00
128.00
194.00
300.00
600.00
900.00
1,202.00
1,612.00
2,150.00
Ail consumption will be charged at the rate of seventy-
eight cents ($.78) per hundred cubic'feet.
AYES: Madden, Wynn, Olson
Jones, Mason
NOES: None
ABSENT: None
SOUTH TAHOE PUBLIC' UTILITY DISTRICT
ATTEST:
· Pat Mamath, Clerk of Board
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RESOLUTION NO. 2346
A RESOLUTION OF THE SOUTH TAHOE PUBLIC
UTILITY DISTRICT ESTABLISHING ANNUAL
SERVICE CHARGES FOR SEWER SERVICE
BE IT RESOLVED by the Board of Directors of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT, E1 Dorado County, Cal'ifornia,
that:
It has adopted the following starting July 1,.1984:
GENERAL RATES - SEWER SERVICE. There is hereby establish-
ed an annual service charge at a monthly service rate of six
dollars and four cents ($6.04) per unit, per. month following
the month in which connection occurred.
AYES:
Madden, Wynn, Olson
Jones, Mason
NOES: None
Ma den ,' President
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ABSENT: None
ATTEST:
Pat Mamath, Clerk of Board
JHHN:RJH'cp 05/04/84 0173R
RESOLUTION NO. 2344
A RESOLUTION DETERMINING UNPAID ASSESSMENTS
AND PROVIDING'FOR ISSUANCE OF BONDS
SUPPLEMENTAL ASSESSMENT DISTRICT 1971-lA
RESOLVED, by the Board of Directors of the South Tahoe Public Utility
District, County of E1 Dorado, California, that
WHEREAS, on April 5, 1984, this Board passed and adopted Resolution of
Intention No. 2329 relating to the acquisition a~d/or construction of public
improvements under and pursuant to the Provisions of the Municipal Improvement
Act of 1913, and therein provided that serial bonds would be issued thereunder
pursuant to the provisions of the Improvement Bood Act of 1915, reference to
Said Resolution of Intention hereby being expressly made for further
particulars;
WHEREAS, notice of the recordation of the assessment and of the time
within which assessments were to be paid in cash was duly published and mailed
in the manner provided by law, and the time so provided for receiving payment
of assessments in cash expired, and the official who has been designated as
Collection Officer for cash payments of said assessments has filed with the
District, a list of all assessments which remained unpaid; and
WHEREAS, this Board duly considered said list and determined that the
same was an accurate statement thereof;
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED, as follows-
1. List of Unpaid Assessments. The assessments now remaining unpaid
are as shown on said list and on Exhibit "A" attached hereto and by this
reference made a part hereof; the aggregate amount thereof is $166,114.15
and for a particular description of the lots or parcels~ of land bearing the
respective assessment numbers set forth ~n sa~d list, reference is hereby made
to the assessment and to the diagram recorded ~n the offi'ce of the D~str~ct
Engineer of this District after conf~rmation thereof by this Board.
2. Issuance of Bonds. Bonds in the aggregate principal amount of
$166~114.15 shall be issued as hereinafter provided upon the security of
said unpaid assessments in accordance w~th the provisions of the Improvement
Bond Act of 1915 (Division 10 of the California Streets and H~ghways Code) and
Under and pursuant to the provisions of said Resolution of Intention and the
proceedings thereunder duly had and taken. The bonds herein provided to be
~ssued shall be known as "Improvement Bonds, South Tahoe Public Utility
District, Supplemental Assessment District 1971-~, Series 1984-1", and shall
be dated July 1 , 1984. ~Said bonds shall be issued only ~n fully registered
form in denominations of $1,000 or any integral multiple thereof, except that
one bond may include the amount of $!~ll4.15,and shall mature in the amounts
and on the dates and at the rates of interest set forth ~n Exhibit "B"
attached hereto and by this reference made a part hereof. Sa}d bonds shall be
assigned a separate letter prefix for each maturity, and within each maturi~ty
shall be numbered consecutively from 1 upwards.
3. Payment of Bonds and Desi§nation of Agent. Said bonds shall beat'
~nterest at the rate or rates determined by this Board at the t~me of sale of
said bonds (not to exceed twelve percent (12%) per annum, payable commencing
on 2anuary 2, 1985, and semiannually thereafter on 2uly 2 and January 2 of
each year to maturity.
Each bond shall bear interest from the ~nterest payment date ~next
preceding the date on which ~t is authenticated and registere~, u~less
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authenticated and registered (il prior to an interest pa~yment date and after
the close of business of the fifteenth day preceding such interest payment
date, in which event it shall bear interest from such interest payment date,
or (ii) prior to the close of business on the fifteenth day of the month
preceding January 2, 1985, in which event it shall bear interest from its
date; provided, however, that if at the .time of authentication interest is in
default, each bond shall bear interest from the date to which interest has
been paid. 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 with which to pay same; if it is not presented at maturity,
interest thereon wil.1 run only until maturity.
Bank of America National Trust and Savings Association is hereby
designated as the Transfer Agent, Registrar and Paying Agent (hereinafter the
"Agent"). The principal and redemption premium of said bonds shall be payable
in lawful money of the United States of America at the Securities Services
Division of the Agent in San Francisco, California upon the presentation and
surrender of said bonds as the same become due and payable. Interest on said
bonds shall be paid to the registered owner by check or draft mailed to the
address entered in the registry book provided for herein as of the fifteenth
(15th) day immediately preceding each interest payment date.
4. Form. The bonds shall be substantially in the form set forth in
Exhibit "C" hereto.
5. Execution. Said bonds shall be executed on behalf of the District
and under its official seal by its Treasurer and by its Clerk and ex-officio
Secretary, whose signatures shall be reproduced on the bonds 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. The
bonds shall then be delivered to the Agent for authentication by it.
If any officer whose signature appears on said bonds ceases to 'be such
officer before the authentication and delivery of said. bonds to the purchaser
thereof, such signature shall be as valid as if such officer had remained i~n
office until the authentication and delivery of said bonds.
6. Authentication. Only such of the bonds as shall bear thereon a
certificate of authentication substantially in the form below, manually
executed by the Agent, shall be valid or obligatory for any purpose or
entitled to the benefits of this Resolution, and such certificate of the Agent
shall be conclusive evidence that the bonds so'authenticated have been duly
executed, authenticated and delivered hereunder and are entitled to the
benefits of this resolution. The Agent's certificate of authentication on any
bond shall be deemed to be executed by it if signed by an authorized officer
or signatory of the Agent, but it shall not be necessary that the same officer
or signatory sign the certificate of authentication on all of the bonds ~ssued
hereunder.
[FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION]
This is one of the bonds described in the Resolution Determining Unpaid
Assessments and Providing for Issuance of Bonds,'which has been registered
On ,
By
Authorized Officer
7. Preparation and Delivery of Bonds. The Treasurer of the South
Tahoe Public Utility D~str~ct ~s hereby directed to cause sa~d bonds to be
prepared in accordance with this resolution and to deliver same upon their
completion and e×ecution to the Agent who shall authenticate and deliver said
bonds to the purchaser thereof, upon receipt of the purchase p[ice therefor,
and upon the performance of the conditions contained i.n the accepted bid for
the bonds.
8. Improvement Fund. Said Treasurer shall keep an improvement fund
designated by the name and/or number of the ~mprovement or assessment
district, ~nto which shall be placed the proceeds received from the sale of
said bonds, including any premium (except that any interest accrued from the
date of the bonds to the date of delivery thereof shall be placed }n the
redemption fund provided for herein). All mQnies in said fund shall be
withdrawn ~only upon checks or warrants of the South Tahoe Public Utility
District and shall be applied exclusively to the payment of the cost of the
acquisitions and/or construction of the improvements described ~n the
proceedings under and pursuant to said Resolution of Intention, as now or
hereafter changed or modified by appropriate legal proceedings, and all
expenses incidental thereto. Any surplus remaining after payment of all costs
and all legal charges, claims and expenses shall be used as set forth ~n said
proceedings.
9. Redemption Fund. Said ~Treasurer shall keep a redemption fund
designated by the name of the bonds, into which shall be placed any accrued
interest for the period from the date of sa~d bonds to the date of delivery
thereof and all sums received from the collection of unpaid assessments
provided for in Section l0 hereof, and of the interest and penalties thereon,
and from which fund d~sbursement shall be made to pay the principal or advance
redemption price of the bonds and the ~nterest due thereon.
10. Collection of Unpaid Assessments. The unpaid assessments shown on
sa~d l~st, together w~th the ~nterest thereon, shall be payable ~'n annual
ser~es corresponding ~n number to the number of serial maturities of the bonds
~ssued. An annual proportion of each unpaid assessment shal-1 be payable ~n
each year preceding the date of maturity of each of the several ser~e~ of
bonds ~ssued, sufficient to pay the bonds when due, and such proportion of
each unpaid assessment coming due ~n any year, together w~th the annual
~ntereSt thereon, shall be payable ~n the same manner and at the same t~me and
~n the same ~nstallments as the general taxes on real property are payable,
and become delinquent at the same t~mes and ~n the same proportionate amounts
and bear the same proportionate penalties and interest after delinquency as do
the general taxes on real property. All sums received from the'collection of
sa~d unpaid assessments and of the ~nterest and penalties thereon shall be
placed ~n the redemption fund provided for herein.
ll. Redemption Prior to Maturity. Each bond outstanding may be
redeemed and pa~d ~n advance of maturity upon the second day of January or
July in any year by g~v~ng at least 60 days not~ce and by paying the principal
amount thereof together with a premium equal to 5% of the principal plus
~nterest to the date of advanced maturity, unless sooner surrendered, in which
event said ~nterest w~ll be paid to the date of payment, all in the manner and
as provided ~n the Improvement Bond Act of 1915.
The provisions of Part ll.1 of the Improvement Bond Act of 1915 are
applicable to the advance payment of assessments and to the calling of said
bonds.
The Treasurer shall call for redemption and retire bonds upon prepayment
of assessments in amounts sufficient therefor, or whenever sufficient surplus
funds are available therefor in the redemption fund. In selecting bonds for
retirement, the lowest numbered bonds of the various annual maturiti'es shall
be chosen pro rata in a manner intended to disturb as little as possible the
relationship of unpaid assessments to boods outstanding. ..
12. Exchanqe of Bonds. Any bond, upon surrender thereof at the office
of the Agent, together with an assignment duly executed by the registered
owner thereof or his attorney or legal representative in such form as shall be
satisfactory to the Agent, may, at the option of such owner, be exchanged for
an aggregate principal amount of bonds equal to the principal amount of the
bond so surrendered, and of any authorized denomination or denominations.
The District shall make provision for the exchange of bonds at the
office of the Agent. ·
13. Negotiability, Registration and Transfer of Bonds. The Agent shall
keep books for the registration, and for the registration of transfers, of
bonds as provided in this resolution which shall at all times be open to
inspection by the District. The transfer of any bond may be registered only
upon such books upon surrender thereof to the Agent together with an
assignment duly executed by the owner or his attorney or legal representative
in such form as shall be satisfactory to the Agent. Upon any such
registration of transfer the District shall execute and the Agent shall
authenticate and deliver in exchange for such bond a new bond or bonds
registered in the name of the transferee, of any denomination or denominations
authorized by this resolution, and in an aggregate principal amount equal to
the principal amount of such bond or bonds so surrendered.
In all cases in which bonds shall 'be exchanged the District shall
execute and the Agent shall authenticate and deliver at the earliest
practicable time bonds in accordance with the provisions of this resolution.
All bonds surrendered in any such exchange or registration of transfer shall
forthwith be cancelled by the Agent. The District or the Agent may make a
charge for every such exchange or registration of transfer of bonds sufficient
to reimburse it for any tax or other governmental charge required to be paid
with.respect to such exchange or registration of transfer, but no other charge
shall be made to any owner for the privilege of exchanging or registering the
transfer of bonds under the provisions of this resolution. Neither the
District nor the Agent shall be required to make such exchange or registration
of transfer of bonds during the fifteen (15) days immediately preceding any
January 2 or July 2.
14. -Ownership of Bonds. The person in whose name any bond shall be
registered shall be deemed and regarded as the absolute owner thereof for all
purposes and payment of or on account of the principal, and redemption
premium, if any, of any such bond, and the ~nterest on any such bond, shall be
made only to or upon the order of the registered owner thereof or his legal
representative. All such payments shall .be valid and effectual to satisfy and
discharge the liability upon such bond, including the redemption premium, if
any, and interest thereon to the extent of the sum or sums so paid.
15. Advances from Available Surplus Funds. The District shall be the
purchaser of property upon which payment of an annual installment of principal
and interest due upon any of said unpaid assessments is delinquent, in like
manner in which it becomes or may become the purchaser of property sold for
the nonpayment of general taxes, and shall transfer from available surplus
fUnds into the redemption fund for said bonds, as an advance recoverable upon
sale or redemption of the property, the amount of the delinquent unpaid
assessment installment upon' which said sale is made. The D~str~ct shall also
pay and transfer from available surplus funds into said redemption fund, as an
advance recoverable upon sale or redemption of the property, the amount of any
future delinquent unpaid assessment i~stallments on ~.such p.roperty pending
redemption.
16. Reserve Fund. Upon placement of the proceeds from the sale of said
bonds in the improvement fund, the Treasurer shall forthwith transfer the sum
of $1.6,611.42 from sa~d fund into a special reserve fund, which shall be
designated by the name and/or number of the improvement or assessment
d~str~ct. The money ~n said special fund shall be administered by the
Distr~ct ~n accordance with and pursuant to the .provisions of Part 16 of the
Improvement Bond Act of 1915; provided, that proceeds from redemption or sale
of the properties with respect to which payment of delinquent assessments and
interest thereon was paid from the reserve fund, shall be credited to the
reserve fund; and prov}ded, further, that for the purposes of (1) assuring
that the bonds to be ~ssued will not become arbitrage bonds as defined in the
Inter~al Revenue Code of 1954, as amended (Title 26 of the United states Code)
and regulations promulgated thereunder by the Department of Treasury, and (2)
providing for reduction of the amount of money ~n the reserve fund during the
term of the bonds pursuant to Section 8887 of the California Streets and
Highways Code, all proceeds from investment of monies in the reserve fund
shall be credited upon the assessments. In the event that the crediting of
any port~on of such proceeds upon assessments not theretofore paid in full in
cash would result in monies ~n the bond redemption fund remaining therein for
a period of more than twelve (12) months, then any portion of such proceeds
which would otherwise remain in the bond redemption .fund for a period of more
than twelve (12) months shall be used to call bonds prior to their maturity
date on the earliest call date next succeeding the deposit thereof in the
redemption fund.
17. Investment of Funds. Monies in the Redemption Fu.nd, the Reserve
Fund and the improvement fund shall, whenever practicable, be invested in
legal investments for the South Tahoe Public Utili'ty District under applicable
law for the monies held pursuant to this resolution at the time when any of
such monies are to be invested therein. Any income therefrom or interest
thereon shall accrue to and be deposited in the fund from which said monies
were invested, except as otherwise provided in Section 16.
18. Covenant t° Foreclose. The District hereby covenants with and for
the benefit of the holders of the bonds that it wilt order, and .cause to be
commenced within 150 days following the date of delinquency, and thereafter
diligently prosecuted, an action in the superior court to foreclose the lien
of any assessment or installment thereof not paid when due, pursuant to and as
provided in Sections 8830 through 8835, inclusive, of the Streets and Highways
Code ~f the State of California.
19. Non-Arbitrage Covenant. The District hereby covenants with the
owners of the bonds that it will make no use of the proceeds of said bonds at
any time during the term thereof which, if such use had been reasonably
expected on the date said bonds were issued, would have caused said bonds to
be arbitrage bonds within the meaning of Section 103(c) of the Internal
Revenue Code of 1954, as amended, and the Treasury Regulations promulgated
thereunder.
10
20. Certificate as to Non-Arbitrage. On the basis of the facts,
estimates and circumstances now in existence and in existence on the date of
issue of said bonds, as determined by the~ Treasurer, Said Treasurer is
authorized and directed to certify that it is not expected that the proceeds
of said issue will be used in a manner that would cause such obligations to be
arbitrage bonds. Such certification shall be delivered to tl~e purchaser of
said bonds at the time of delivery of and payment for said bonds.
21. Certified Copies. The Clerk and ex-officio Secretary shall furnish~
a certified copy of this resolution to the Treasurer, to the.Agent and to the
Auditor of the County of E1 Dorado.
ATTEST:
Clerk and ex officio Secretary
resideni~
I hereby certify that the foregoing is a full, true and corr'ect copy of
Resolution No. 2344 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 the 21st day of June , 1984, by the
following vote'
AYES, and in favor thereof, Directors' Madden, Wynn, 015on, Jones and
Mason
NOES, Directors- l~one
ABSENT, Directors' None
Clerk and e y
South Tahoe Public Utility District
ll
LIST OF UNPAID ASSESSMENTS
-~SOUTH TAHOE..PUBLIC UTILITY DISTRICT
SUPPLEMENTAL ASSESSMENT DISTRICT 1971-A,
Assessment
Number
50
52
53
· 56
60
61
62
65
67
74
75
76
77
80
82
83
86
87
88
89
91
92
93
95
97
103
104
L_tO
219
114
"115-
116
117
118
119
120
121
122
125
126
127
128
132
133
134
135
As§essor's
Parcel No.
21-190-031
~-~u-061
'21-190-131
21 ~ ~n~
21-201-041
21-201-031
21-210-021
21-210-011
21-210-081
21-401-051
21-401-041
21-401-091
...... $i
21-391-071
21-391-051
21~391-041
21-391-091
21-391-011
21-381-041
21-381-031
21-381-051
..... 011
21-371-051
21-371-031
21-371-011
21-331-111
21-331-101
~-~I-131
21-331-151
21-321-101
21-321-031
21-321-12'1
21-321-191
21-321-171
21 321~I
21-321-021
21-321-231
21-321-151
21-311-251
21-311-241
21-311-231
21-311-141
21-311-121
21-301-141
21-301-131
EXHIBIT A
1
SERIES 1984-1
Amount of
Assessment Unpaid
3,030.41
605.13
3,062.78
3,626.22
3,564.54
614.65
3,330.84
3,338.64
3,320.43
3,320.43
405.10
875.12
3,347.99
1,448.24
3,328.91
2,999.84'
1,176.80
817.11
1,041.08
1,050.10
I 002 77
3,478.00
3,398.46
1,007.15
2,960.63
3,050.44
872.21'
3,354.12
1,009.08
3,563.50
605.13
646.26
646.26-
1,146.88
1,201.48
605.13
3,005.83
558.60
557.64
3,000.06
3,000.06
2,995.26
2,993.33
141
143
153
156
160
161
163
165
166
160
169
170
171
172
173
174
175
!76
181
183
187
188
189
190
191
194
195
196.
197
220
221
201
202
214
215
21-301-151
21-281-171
21-261-].21
21-261-341
21-261-271
2i-261-231
21-261-151
21-261-221
21-261-161
21r261-171
21-281-111
21-281-041
21-301-101
21-301-051
21-301-061
21-301-111
21-301-091
21-311-101
21-311-201
21-311-011
21-301-231
21-301-211
21-301-221
21-301-201
21-281-151
21-261-321
21'261-301
21-261-021
21-251-201
21-251-211
21-251-141
21-251-131
21-261-361
21-251-181
..... 171
2,989.00
3,004.28
562.99
2,935.26
2,961.60
2,962.19
2,994.82
556.51
3,051.77~
3,021.59
3,022.56
646.26
872.42
3,004.88
547.07
3,091.56
2,991.41
618.00
646.26
3,911.62'
871.27
3,106.50-
3,749.60
661.19
547.43
4,049.83
1,444.13
4,066.28
1,427.68'
3,637.43
1,192.12
9,740.72
707.95
2,945.84
908.40
v~.40
EXHIBIT A
2
$ 166,114.15 IMPROVEMENT BONDS
Bond
Number
12 -
24 -
37 -
51 -
66 --
83 -
101 -
121 -
143 -
11
23
36
50
65
82
100
120
142
166
Inclusive
inclusive
Inclusmve
Inclusive
InclusIve
Inclusive
Inclusive
Inclusive
Inclusive
Inclusmve
SOUTH TAHOE PUBLIC UTILITY DISTRICT
SUPPLEMENTAL ASSESSMENT DISTRICT 1971-1A
Maturity
(July
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
Date Interest Principal
2) Rate Amount
8.0%
8.5%
9.0%
9.25%
9.50%
9.75%
10.00%
10.25%
10.50%
10~50%
11,114.15
12,000.00
13,000.00
14,000.00
15,000.00
17,000.00
18,000.00
20,000.00
22,000.00
24,000.00
EXHIBIT B
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF EL DORADO
NUMBER $
A- '
IMPROVEMENT BOND
SOUTH TAHOE PUBLIC UTILITY DISTRICT
SUPPLEMENTAL ASSESSMENT DISTRICT 1971-1A, S,~RIES 1~84-1
INTEREST RATE MATURITY DATE BOND DATE CUSIP
JULY 2,
Under and by virtue of the Improvement Bond Act of 1915, Division l0 of
the California Streets and Highways Code (the "Act"), the South Tahoe Public
Utility District, California (the "District") will, out of the redemption fund
for the payment of the bonds issued upon the unpaid portion of assessments
made for the acquisition, work and improvements more fully described in
proceedings taken pursuant to Resolution of Intention No. 2329, adopted by the
Board of Directors of the District on the 5th day of April, 1984, pay to
on the maturity date stated above, the principal sum of
or~regist'ered assigns
Dollars
in lawful money of the United States and in like manner to pay interest at the
rate per annum stated above, payable semiannually on January 2 and July 2 in
each .year commencing January 2, 1985. This Bond bears interest from the
interest payment date next preceding its date of authentication and
registration unless it is authenticated and registered (i) prior to an
interest payment date and after the close of business of the fifteenth day
preceding such interest payment date, in which event it shall bear interest
from such interest payment date, or (ii) prior to the close of business on the
fifteenth day of the month preceding January 2, 1985, in which event it shall
bear interest from its date, until payment of such principal sum shall have
been discharged. Both the principal hereof and redemption premium hereon are
payable upon presentation and surrender hereof at the principal securities
services division of Bank of America National Trust and Savings Association as
Transfer Agent, Registrar and Paying Agent (the "Agent") in San Francisco,
California, and the interest hereon is payable by check or draft mailed to the
owner hereof at such owner's address as it appears on the registration books
of the Agent, or at such address as may have been filed with the Agent for
that purpose, as of fifteenth day immediately preceding each interest payment
date.
EXHIBIT C
1
REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH IN
THE REVERSE SIDE HEREOF WHICH SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS
THOUGH FUL'LY SET FORTH HEREIN.
This Bond will continue to bear interest after maturity at the rate
above stated, provided, it is presented at maturity and Payment thereof is
refused-upon the sole ground that' there are not sufficient moneys in said
redemption fund w~th which to pay same. If it ~s not presented at maturity
~nterest thereon w~ll run until maturity.
This Bond shall not be entitled to any benefit under the Act or the
Resolution Determining Unpaid Assessments and Providing for the Issuance of
Bonds (the "Resolution of Issuance"), or become valid or obligatory for any
purpose, until the certificate of authentication and registration hereon
endorsed shall have been dated and signed by the Agent.
IN ~ITNESS WHEREOF, the South Tahoe Publi~ Utility District has caused
'this Bond to be signed in facsimile by the Treasurer of said. District and by
its Clerk and Ex-Officio Secretary and has caused ~ts corporate seal to be
reproduced in facsimile hereon all as of July 1., 1984.
[SEAL]
SOUTH TAHOE'PUBLIC UTILITY DISTRICT,
CALIFORNIA
Clerk and
ex-officio Secretary
Treasurer
CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This is one of the Bonds described ~n the within mentioned Resolution of
Issuance, which has been registered on
Bank of America National Trust and Savings Association
as Transfer Agent, Registrar and Paying Agent
By
Authorized Officer
EXHIBIT C
2
IMPROVEMENT BOND
SOUTH TAHOE PUBLIC UTILITY DISTRICT
SUPPLEMENTAL ASSESSMENT DISTRICT 1971-lA, SERIES'1984-1
This Bond is one of several annual series of bonds of like date, tenor
and effect, but differing in amounts, maturities and interest rates, issued by
said District under the Act and the Resolution of Issuance in the aggregate
principal amount of One Hundred sixty-six thousand, One Hundred fourteen Dollars
and fifteen cents ($166,114.15) for the purpose of providing means for paying for
improvements and acquisitions described in said proceedings, and is secured by
the moneys in said redemption fund and by the unpaid portion of said
assessments made for the payment of said improvements and acquisitions, and,
including principal and interest, is pay&ble exclusively out of said fund.
This Bond iS transferable by the registered oWner hereof, in person or
by the owner's attorney duly authorized in writing, at said office of the
Agent, subject to the terms and conditions provided in the Resolution of
Issuance, including the payment of certain charges, if any, upon Surrender and
cancellation of this Bond. Upon such transfer, a new registered Bond or
Bonds,.of any authorized denomination or denominations, of the same maturity,
for the same aggregate principal amount, will be issued to the transferee in
exchange therefor.
Bonds shall be registered only in the name of an individual (including
joint owners), a corporation, a partnership or a trust.
Neither the District nor the Agent shal'l be required to make such
exchange or registration of transfer of Bonds during the fifteen (15) days
immediately preceding any January 2 or 2uly 2.
The District and the Agent may treat the owner hereof as the absolute
owner for all purposes, and the District and the Agent shall not be affected
by any notice to the contrary.
This Bond may be redeemed and paid in advance of maturity upon the 2nd
day of January or July in any year by giving at least 60 days' notice by
registered mail to the registered owner hereof at such owner's address as it
appea~s on the registration books of the Agent and by paying principal and
accrued interest together with a premium equal to 5 percentum of the principal.
LEGAL OPINION
I hereby certify that the following is.a correct copy of the signed
legal opinion of Jones Hall Hill & White, A Professional Law Corporation, San
Francisco, California, addressed to the South Tahoe Public Utility District
and on file in my office, dated the date of delivery of and payment for the
Bonds therein described.
Clerk and ex-officio Secretary
EXHIBIT C
3
OPINION: $166,114.15 Improvement Bonds, South Tahoe Public
Utility District, Supplemental Assessment District 1971-lA
Members of the Board:
Ne have acted as bond counsel in connection with the issuance by the
South Tahoe Public Utility District (the "Issuer") of $166,114.15
Improvement Bonds, Supplemental Assessment District 1971-lA, Series 1984-1,
dated July 1 , 1984, (the "Bonds") pursuant to Division 10 of the California
Streets and Highways Code (the "Act") and Resolution No. 2329 (the
"Resolution") of the Issuer adopted April 5, 1984. We have examined the law
and such certified proceedings and other papers as we deem necessary to render
this opinion.
As to questions of fact material to our opinion, we have relied upon
representations of the Issuer contained in the Resolution and in the certified
proceedings and other certifications of public officials furnished to us,
without undertaking to verify such facts by independent investigation.
Based upon our examination, we are of the opinion, as of the date
hereof, that:
1. The Issuer is a body corporate and politic duly organized and
validly existing under the Constitution and the laws of the State of
California.
2. The Bonds constitute valid and bihding special obligations of
the Issuer-enforceable in accordance with their terms.
3. The Bonds are secured by the unpaid portion of special
assessments levied upon the lands benefited by the improvements to be acquired
and/or constructed with the proceeds of the Bonds and by the moneys in the
redemption fund established pursuant to the Resolution. Principal of and
interest on the Bonds are payable exclusively out of said fund. Installments
of principal and interest of the assessments levied for the payments of the
Bonds are collected on the tax roll on which general taxes on real property
are collected.
4. Under existing laws, regulations, rulings and judicial
decisions, interest on the Bonds is exempt from income taxation by the United
States of America and from personal income taxation imposed by the State of
California.
The Fights of the holders of the Bonds and the enforceability thereof
may be subject to bankruptcy, insolvency, moratorium and other similar laws
EXHIBIT C
4
affecting creditors' rights heretofore or hereafter enacted and their
enforcement may be subject to the exercise of judicial discretion in
accordance w~th general principles, of equity.
Respectfully submitted,
A Professional Law Corporation
ABBREVIATIONS
The following abbreviations, when used ~n the ~nscription on the face of
th~s Bond, shall be construed as though they were written out ~n full
according to applicable laws or regulations'
TEN eOM - as tenants ~n common
TEN ENT - as tenants by the entireties
JF TEN - as joint tenants with r~ght of
survivorship and not as tenants
in common
UNIF GIFT MIN ACT - Custodian
(Cust) (Minor)
under Uniform Gifts to Minors
Act
(State)
~dditional abbreviations may also be used though not tn the above list.
EXHIBIT C
5
ASSIGNMENT
For value received the undersigned do(es) hereby sell, assign and transfer unto
the within-mentioned Bond and hereby irrevocably constitute(s) and appOint(s)
attorney, to transfer the same on the books of the Bank of America Nationai
Trust and Savings Association as Transfer Agent, Registrar and Paying Agent
with full power of. substitution in the premises.
Dated-
Signature Guaranteed
Signature(s) must correspond exactly
to name(s) on face hereof
EXHIBIT C
6
1
2
3
4
5
6
7
8
9
i0
I1
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
RESOLUTION NO. 2339
A' RESOLUTION OF THE BOARD OF DIRECTORS
OF THE SOUTH TAHOE PUBLIC'UTILITY DISTRICT
ADOP~TING THE APPROPRIATIONS SUBJECT TO
LIMITATION FOR FISCAL YEAR 1984-1985
WHEREAS, the people of the State of California have
elected to approve Constitutional Amendment XIIIB, and the
Legislature of the State of California has voted to adopt
Senate Bill NO. 1352, which implements Constitutional Amendment
XIIIB, setting the method of computing annual appropriations
subject to limitation, changes in the per capita personal income
population and cost of living; and
WHEREAS, such legislation sets the base year for this com-
putation as Fiscal Year 1978-1979, and
WHEREAS, such legislation determined the public hearing
process and required documentation setting Such appropriation
limitations, and
WHEREAS, on JUNE 21, 1984, such Hearings were held and
exhibits prepared and made public;
NOW, THEREFORE, the BOARD OF DIRECTORS of the SOUTH TAHOE
PUBLIC UTILITY DISTRICT does find and declare that the approp-
riations subject to limitation for the Fiscal Year 1984-1985
are: $11,437,285;
and that for Fiscal Year 1984-1985, the proceeds of taxes as
defined in the enabling statutes are: $8,947,600;
and that the increase in proceeds of taxes over the approp-
riations subject to limitation are: $ -0-
4
5
6
7
8
9
10
I1
-12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
PASSED AND ADOPTED at a duly held regular meeting of the
Board of Directors of the'South Tahoe Public Utility District
on the 21st day of June, 1984, bY the following vote:
AYES: Directors Madden, WYnn, Jones, MaSon, Olson
NOES: None
ABSENT: None
DISTRICT
ATTEST:
PAT A. ~LAMATH, CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
WORK SHEET FOR SOUTH TAHOE PUBLIC UTILITY DISTRICT
PERMITTED GROWTH RATE IN APPROPRIATIONS F~R 1984-1985
APPROPRIATIONS LIMITATION 1983484
INCREASE IN CPI = 4.74 + 100.00 =
INCREASE IN POPULATION
EL DORADO COUNTY
2.27 + 100.00 =
FACTOR TO BE APPLIED TO 1983-84
APPROPRIATIONS LIMITATION
APPROPRIATIONS LIMITATION FOR 1984-85
104.74
X
102.27
107.11
$10,678,074
x 107.11
$11,437,285
BF:evn
5-31-84
FISCAL
YEAR
APPROPRIATIONS sUBJECT TO LIMITATION AND
PROCEEDS OF TAXES FOR FISCAL YEARS
APPROPRIATIONS
SUBJECT TO
LIMITATION
ACTUAL
APPROPRIATIONS
PROCEEDS
OF TAXES
1978-79
1979-80
1980-81
1981-82
1982-83
1983-84
1984-85
Revenues
5,119,295
6 212,732
7,518,656
8,938,797
10 032,012
10 678,074
11 437,285
5,119,295
5,345,000
7,346,417
8,002,145
8,434,263
9,858,866
9,902,600 *
* Per 1984-85 Budget Summary
'Total Expenditures
Depreciation
Transfers to Fixed'
Asset Repl'acement Fund
7,710,400
1,.115,000
1,077,200
9 902 600
4,651,510
4,881,586
6,088,101
7,265,052
7,658,000
8,915,300
8,.947,600 *
8.947,600
BF:evn
5-31-84