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Resolution No. 5842 § 6 7 8 10 11 12 15 18 17 18 19 2O R1 22 2~ 2§ 2~ 27 28 ~0 $2 RESOLUTIOi~i NO. 58~ A RESOLUTIOi~ OF APPLICATION BY SOUTH TAHOE PUBLIC UTILITY DISTRICT REQUESTING THAT LOCAL AGENCY FOR2~ATION COI,~i~ISSION TAKE PROCEEDINGS FOR AN~IATIO~ OF TERRITORY TO THE DISTRICT SOUTH TAHOE PUBLIC UTILITY DISTRICT A~'.~I,~EXATIOi~ NO. 1965-12 RESOLVED, by the Board of Directors of South Tahoe Public Utility District, E1 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 (co~encing with Section 56000) for annexation of the territory described in Exhibit "A'~, attached hereto and made a part hereof (hereinafter sometimes referred to as the "Territory" ~HEREAS, 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 Coanty of E1 Dorado, State of California; 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"; WHEREAS, it is desired to provide that the proposed annexation be subject to the following terms and conditions: 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 lu~p s~um is required, payment of such su~_ shall be made in cash to the District prior to the effective date of such annexation; o~ 1 § $ 7 8 10 11 12 13 14 15 16 17 18 19 2O R1 22 23 24 25 26 27 28 29 50 51 52 ,ImHN r~. WEIDMAN ~N iEY AT LAW 4AIN aTR £1~T (b) If payment in installments is required, an agreement providing for such payment shall be duly executed with the District prior to the effective date of such annexation. (c) In lien of any payment as set forth in (a) or (b) above, upon mutual agreement between a majority of property owners owning a majority of the assessed value of land described in Exhibit '~A" and South Tahoe Public Utility District, 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; The issuance and sale of any bonds, including authorized but unissued bonds. The effective date of such annexation shall be upon the execution of said mutual agreement. 2. Dpon and after the effective date of said annexatio: the Territory, all inhabitants within such 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 because of the geographical location of the Territory to be annexed, the District can adequately and economi- cally furnish services which are urgently needed within said Territory, and no other governmental agency is now able to so e 1 § 7 8 9 10 11 12 15 14 15 16 17 18 19 2O 22 24 25 26 27 5O 51 ~JOHN O. WEID~AN furnish such 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; 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, DETER2fINED 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 Commissio~ be, and it is hereby requested to take proceedings for the annexation of the Territory described in said Exhibit "A" on the terms and conditions above stated 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 E1 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 as established by the El Dorado County Local Agency Formation Commission pursuant to Section 56133 of the Government Code. PASSED AND A~OPTED at a duly held regular meeting of the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT on October 7, 1965, by the following vote: AYES: NOES: ABSENT: Directors Wakeman, Fesler, Stewart and Kortes None Di rector Clarke Rober~ Fesler, Chairman l~ro Tern of the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: DaVid W.~Callahan, Clerk of the South Tahoe Public Utility District and ex-officio Secretary of the Board of Directors thereof (SEAL) 0 1 4 § 6 7 8 10 11 12 15 14 15 16 17 18 20 21 22 25 24 25 26 27 28 29 50 52 JOHN C. WEIDMAN CERTIFICATE OF RESOLUTION STATE OF CALIFORNIAt SS. COUNTY OF EL DORADO) I, DAVID W. CALLAHAN, Clerk of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of E1 Dorado, State of California, and ex-officio Secretary of the Board of Directors thereof, do hereby certify that the attached Resolution No. 58g is a true, full and correct copy thereof, and that said resolution was duly adopted by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT at a duly' held regular meeting on October 7, 1965, and that the original of said resolution is on file in the office of said SOU'TH TAHOE PUBLIC UTILITY DISTRICT. Said resolution was passed and adopted by the following vote of the members of the Board of Directors thereof: AYES: Directors "' ..... Kortes biOES: ABSENT: N on e D [~ector C I arke Wakeman, Fesler, Stewart and (SZAL) David W. Callahan, Clerk of the SOUTH TAHOE PUBLIC UTILITY DISTRICT and ex-officio Secretary of the Board of Directors thereof E X ~[ I B I T "A " PROPOSED TO SOUTH TAHOE PUBLIC UTILITY DISTRICT Ai~IN'~-~XATIOi4 ~O. 1965-12 DESCRIPTIOI~ The real property situate in the County of E1 Dorado, State of California, described as: Lot ~, Block 22, as shown upon that certain i'dap entitled "Amended ~,,'iap of A1 TahoeTM, filed in the Office of the County Recorder of E1 Dorado County, State of California, on No~ember 21, 1917, in. Idap Book ~=A'~, at Page 3.