Resolution No. 160 1
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HUGH£S. MAUL ag
FOG£RTY
ATTORNI='¥$ AT LAW
NATIONAL
RESOLUTION NO. 180
RESOLUTION AUTHORIZING THE EXECUTION O? ~ CONTRACT OR
AGREEMENT _OF COMPROMISE FOR THE PURPOSE OF SETTLING OR
COMPROMISING SL DORADO COUNTY SUPERIOR COURT ACTION NO.
7528, BEING A_ .PENDING .ACTION .IN EMINENT DOMAIN
RESOLVED, by the Board of Directors of South Tahoe Public
Utility District, a political corporation of the County of E1 Dorado
State of California; that
WHEREAS, the District has heretofore filed in the Superior Cour'
of the State of California, in and for the County of E1 Dorado, an
action in eminent domain, No. 7528 in the Civil Register of said
Court, wherein Stella Van Dyke Johnson was named as Defendant, which
said action in eminent domain was commenced and prosecuted for the
purpose of condemning in fee certain lands belonging to said defend-
ant for use by the District as a sewage treatment plant and for the
purpose of condemning certain easements in land owned by said defend£
ant for use by the District in connection with said sewage treatment
plant and the sanitary sewage collection system heretofore operated
and hereafter to be operated by the District; and
WHEREAS, the money necessary for the acquisition of said lands a
and easements and for the payment of the purchase price thereof has
been obtained by the sale of general obligation bonds of the District,
authorized by Ordinance No.. _ 6 and Ordinance NOo 43 of
said District, adopted on ....... July. 30, 1951, and on Feb-
ru&r~ 20, 1959 , respectively, and such bonds so author-
ized have heretofore in part been sold and in part will hereafter be
sold; and
WHEREAS, the parties to said action, namely, the Executor of
the Estate of Stella Van Dyke Johnson, deceased, and the devisees
and legatees of said decedent and said District have reached an
agreement satisfactory to all parties, concerning said lands and
easements and the acquisition thereof by the District, and said par-
ties desire to settle and compromise said pending action and to pro-
vide for the acquisition by the District of said lands and easements
and
WHEREAS, an instrument in writing, embodying and setting forth
the terms and provisions of an agreement settling and compromising
said pending action has been submitted to the Board of Directors of
the District, and said Board, after consideration thereof, approves
and consents to said agreement and desires to authorize the executiol
and delivery thereof;
NOW, THEREFORE, IT IS RESOLVED by the Board of Directors of
South Tahoe Public Utility District as follows:
(1) That that certain agreement or instrument in writing eh-
*titled "Agreement Of Compromise", bearing date of the 13th day of
November, 1959, between KNOX VAN DYKE JOHNSON, PAUL LAIOLO and
CROCKER-ANGLO NATIONAL BANK, as Executors of the Last Will and Testa.
ment of Stella Van Dyke Johnson, Deceased, and SOUTH TAHOE PUBLIC
UTILITY DISTRICT, a public corporation, and all of the terms and pro-
visions therein contained, be and the same are hereby approved and
confirmed and that the President and Secretary of this Board be and
they are hereby authorized and directed to execute the said agreement
in the name of and on behalf of the said District and to deliver
executed copies thereof to the said Executors;
(2) That the monies in said agreement mentioned be paid for th.
purposes therein set forth, in the manner and at the times therein
set forth,, and-that the same be paid from the following sources~
namely: All of the money now on deposit in the Registry of the abov.
mentioned Superior Court~ and the balance thereof from Construction
Fund 59-1, resulting from the sale of the general obligation bond
issue 'approved by the electorate of the District on March 24, 1959~
for the purpose of constructing a new sewage treatment plant and
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sanitary disposal system~ all pursuant to the.provisions of the or-
dinances hereinbefore mentioned.
The foregoing Resolution was duly and regularly adopted at a
meeting of the Board of Directors of South Tahoe Public Utility Dis-
trict, a political corporation of the County of E1 Dorado~ State of
California, duly held on the 13th day of November, 1959, by the fol-
lowing vote of the members thereof;
AYES, and in favor thereof, Directors: PANKOST, WAKEMAN and
WALL
NOES~ and opposed thereto, Directors
ABSENTs Directors: GOERINGER and GERSICK
(Seal)
C'i'e'rk a~d EX-officio se~r~et~ry'' 'of' 'S'ou[h Taho,
Public Utility District.