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Resolution No. 654WJML: RMH: do 4/22/66 RESOLUTION NO. 654 A RESOLUTION OF APPLICATION BY SOUTH TAHOE PUBLIC UTILITY DISTRICT REQUESTING THAT LOCAL AGENCY FORMATION COMMISSION TAKE PROCEEDINGS FOR AN- NEXATION OF TERRITORY TO THE DISTRICT SOUTH TAHOE PUBLIC UTILITY DISTRICT ANNEXATION NO. 1966-3 45¢ 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 (commencing 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")~ 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 E1 Dorado, State of California~ WHEREAS, the territory proposed to be annexed is unin- habited 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 of all 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 agreement 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 l) The formation of a new improvement district or districts or the annexation or detach- ment 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. Annexation fees in effect at the tzme of the filing of a written consent to annexation of territory to South Tahoe Public Utility District shall be paid to the District for those areas to be served by the District prior to the time that connection to the District's systen~ is made. (e) No sewer service will be provided to any of the territory proposed to be annexed until the District has reviewed~ sized and approved all trunk sewers, pump stations and force mains~ if any~ to be in- stalled in such territory. Upon and after the effective date of said annexation~ 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 Terri- tory 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 out- standing or then authorized but thereafter issued b6nds, in- cluding 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~ WHEREAS, because of the geographical location of the Terri~~ tory to be annexed~ the District can adequately and economically furnish services which are urgently needed within said Terri- tory, and no other governmental agency is now able to so 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, 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" 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~ 3 4. That the Secretary of the District be~ and he is hereby, authorized and directed to file a certified copy of this reso- lution 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 E1 Dorado County Local Agency Formation Commission pursuant to Section 56133 of the GoYernment Code. PASSED and ADOPTED at a duly held adjourned regular meeting of th~B~ard of~Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT on~z~/~~/~~ /~_~ 1966, by the following vote: AYES: NOES: ABSENT: Directors t~]~e, Wakeman, Fesler, Stewart and Kortes None None Robert W. Fesler President of the Board of Directors of South Tahoe Public Utility District ATTEST: David Wo Callahan~ Clerk of the South Tahoe Public Utility District and ex-officio Secretary of the Board of Directors thereof (S L) WJML:RMH: d~ ~/~/66 25c E X H I B I T "A~ PROPOSED ANNEXATION TO SOUTH TAHOE PUBLIC UTILITY DISTRICT ANNEXATION NO. 1966-3 DES CRI PTION Ail that certain real property situate in the County of E1 Dorado, State of California, more particularly described as follows: PARCEL NO. 3 Ail that portion of the W 1/2 of the NW 1/4 of Section 5, T 11 N~ R 18 E, M.D.B.& M., lying Easterly from the center line of the Upper Truckee River described as follows: Beginning at a 2-inch iron pipe set at the NE corner of the W 1/2 of the NW 1/4 of said Section 5 and running from said point of beginning along the East line of said W 1/2 of the NW 1/4, S. 5° 39' E, 1745.81 feet to its intersection with the Westerly boundary of a 200' right-of-way for State Route No. 89; thence along said Westerly boundary S. 3° 28' W, 960.62 feet to a 2-inch iron pipe set on the East and West centerline of said Section 5, and on the NE corner of Christmas Valley Unit No. 1; thence along said East and West centerline of said Section 5~ S. 89° 58' 15" W~ 432.39 feet to the centerline of the Upper Truckee River~ from which point the quarter section corner common to Section 6 and 5 bears S. 89° 58' 15" W, 646.98 feet; thence along the centertine of said Upper Truckee River~ the following courses and distances: N 3° 19' 40" E, 50.31 feet and N 43° 35' 30" W~ 172.24 feet and N 68° 20' 40" E, 142.69 feet and N 1° 37' 30" E, 212.84 feet and N 34° 56' 20" E, 73.67 feet and N 23° 30' 40" W, 154.99 feet and N 67° 49' 20" W~ 127.70 feet and N 9° 13' W, 54.72 feet and N 26° 10' W~ 39.69 feet and N 11° 17' W~ 54.39 feet and N 67° 38' 20" E, 200.93 feet and N 77° 52' ~0" E, 47.53 feet and S. 12° 01' 30" E, 136.49 feet and S. 61° 50' E~ 50.00 feet and N 44° 29~ 40" E, 73.68 feet and N 29° 35' W, 98.60 feet and N ~6° 59' E~ 102.47 feet and N 30° 38' W, 131.15 feet and N 2° 38' E, 255.75 feet~ and N 24° 03' E~ 227.88 feet and N 7° 45' 40" W, 64.73 feet and N 63° 30' W, 49.87 feet and S 56° 12' W, 96.20 feet and N 76° 58' ~0" W, 184.05 feet and N 38° 38' W~ 229.58 feet and N 9° 28' 20" W~ 73.77 feet and N 52° 11' 30" W, 102.99 feet and N 1° 08' W, 201.75 feet and N 32° 24' E~ 72.76 feet and N 6° 35' E~ 212.27 feet and N 360 53' 20" E, 293.56 feet and N 5~° 33' 30" W, 77.30 feet to the North line of said Section 5 from which a 3/4" iron pipe set on the Westerly bank of said Upper Truckee River bears S 89~ 17' W~ 50.00 feet; thence along the North line of said Section 5~ N 89° 17' E, 47.79 feet to a similar iron pipe set on the Easterly bank of said river~ and continuing N 89° 17' E~ along the North line of said Section 5~ 379.23 feet making 427'.02 feet in all to the point of beginning~ con- taining Z8.153 acres~ more or less. WJML:RMH:do 4/22/66 45c 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 E1 Dorado, State of California, and ex-officio Secretary of the Board of Directors thereof~ do hereby certify that the attached Resolution No. ~ ~ 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 ___~Z~z~_~.~l_-~/_~, 1966~ and that the original of said Resolution is on file in the office of said SOUTH TAHOE PUBLIC UTILITY DISTRICT. Said Resolution was passed and adopted by the following vote of the members of the Board of Directors thereof: AYES: NOES: ABSENT: Directors C3~ Wakeman~ Fesler, Stewart and Ks tes None None David W. Callahan Clerk of the South tahoe Public Utility District and ex-officio Secretary of the Board of Directors thereof