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Resolution No. 773 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 22 24 25 26 27 28 29 50 51 JI::]HN I~.. WEIDI",4AN RESOLUTION NO. 7 7 3 A RESOLUTION OF APPLICATION BY SOUTH TAHOE PUBLIC UTILITY DISTRICT REQUESTING THAT LOCAL AGENCY FORMATION COMMISSION TAKE PROCEEDINGS FOR ANNEX~TION OF TERRITORY TO THE DISTRICT SOUTH TAHOE PUBLIC UTILITY DISTRICT ANNEXATION NO. 1967-4 (HAROOTUNIAN) 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); WHER'EAS, 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; and WHEREAS, the territory proposed to be annexed is uninhabited as such term is defined in the Government Code~ Section 560~5~ 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 econom- ically furnish services which are urgently needed within said territory~ and no other governmental agency is now able to so furnish such services~ and there is presently no prospect that an, other such agency will be able to so furnish such services within 1 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 25 26 27 28 29 $0 51 JnHN O. WEIDMAN ATT~II~N£Y AT LAW the reasonably foreseeable future; and WHEXEAS~ all of the owners of land within the territory have given their written consent to the proposed annexation; NO~ THEREFORE IS 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 Commissiol 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 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 notic~ 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 here~ consents to the CommissionTs 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 o£ this resolution with the executive officer of the E1 Dorado County Loc~ Agency Formation Commission and to attach thereto proof of the written consent of such annexation o£ all of the owners of land within the territory proposed to be annexed~ and that the Distric~ Finance Officer be, and he is hereby, authorized and directed to pay from available funds of the District any fees up to the amoun~ of $500. as established by the E1 Dorado County Local Agency Formation Commission pursuant to Section 56133 of the Government Code. 2. 2 $ 4 5 6 ? 8 9 10 11 1;5 14 3.5 16 17 18 19 20 24 25 26 27 29 $0 · I/3HN ~. WEIE)MAN PASSED AND ADOPTED at a duly held regular meeting of the Board of Directors of South Tahoe Public Utility District on February 2~ 1967~ by the following vote: AYES: Directors Kortes~ Wakeman~ Hegarty and Melikean NO'ES: None ABSENT: Director Fesler Acting president of the Board of Directars of South Tahoe Public Utili~ Bistrict ATTEST: David ~. Callahan~ Clerk of Sout7~" Tahoe Public Utility District and ex officio Secretary of the Board of Directors thereof° (Seal) Those portions ofSect~ions 3 and l0 T. 12. N., R. 18 E, M.D.B. & M. in E1 Dorado County, California described as follows: Beginning at a point on the South line of said Section 3 that bears S.89° 08' 44" W. 1322.05 feet from the corner common to Sections 2, 3, l0 and ll T. 12 N. R. 18 E. MDB and M, said point of beginning being located on the Westerly boundary line of the South Tahoe Public Utility District Annexation 1965-4, thence from said point of beginning along said westerly boundary, N. 31°50' W 143.06 feet, thence N 3° 13' 30" E 180.78 feet; thence leaving said westerly boundary, S 89° 0~' 44" W, 429.53 feet; thence S 0. 19' 30" W, 1622.99 feet; thence N 89° 09' 15" E, 618.04 feet to a point on the westerly boundary line of the South Tahoe Public Utility District annexation 1965-&; thence along said westerly boundary N 17o 01' E 143.34 feet; thence N 31· 53' 30" W 239.04 feet; thence N 12~ 18' 30" W 189.37 feet; thence N 13~ 51' 30" E 270.43 feet; thence N 8° 46' 30" E 287.49 feet; thence N 21~ 40' W 265.23 feet to the point of beginning. Con- taining 20.00 acres more or less. "EXHIBIT A" 1 2 4 5 6 7 8 9 10 ll 12 15 14 15 16 17 18 19 2O 21 22 25 24 25 26 27 28 29 50 $1 ,JOHN I~.. WEIDMAN EXHIBIT B 1o In the event the District shall require any payment of a fixed or dete:rminable amount of money~ either as a lump su~ or in installments~ for the acquisition~ transfer~ use or right of use or any part of the existing property~ real or personal~ o the District, such payment will be made as follows: 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 If payment in installments is required~ an agreement providing for such payment shall be duly executed with the District prioc to the effective date of such annexation. In lieu of any payment set forth in (a) or above: payment may be made through l/ 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 bonds: including any authorized but unissued bonds. Annexation fees in effect at the time o.f 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 system is made° (e} The land to be annexed shall be included in and form a part of any improvement district formed pursuant to Section 16~07 of the Public Utilities Code of the State of California~ and Division 11, Part 7 and Part $ of the Water Code of the State of California~ and/or a zone formed pursuant to the P'ublic Utilities Code of the State California~ existing at the time of annexation of the territory herein proposed to be annexed or created after annexation of the territory herein proposed to be annexed which said improvement district and/or zone provides for sewer service to the said lands herein proposed to be annexed. 2. Upon and after the effective date of said annexation the territory~ all inhabitants within said territory, and all EXHIBIT B 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 25 24 25 26 27 28 29 50 $1 ,J/3HN ~:. WI~IDMAN ATTO~N£Y AT LAW PLAC E~R¥I LLE~ (]AL. Ir. 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, inter- est~ 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 2. CERTIFICATE OF RESOLUTION STATE OF CALIFORNIA ) ) ss COUNTY OF EL DORADO) I, DAVID W o CALLAHAN, Clerk of 'the SOUTH TAHOE PUBLIC UTILITY DISTRICT, Coun'ty of E1 Dorado, State of California, and ex- officio Secretary of the Board of Directors thereof, do hereby certify that the a't'tached RESOLUTION NO. 773 is a 'true, full and correct copy thereof, and that said Resolution was duly adopted by the Board of D£rec'tors 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: AYES: NOES: ABSENT: Directors Wakeman, Kortes, Hegarty and Melikean NONE DIRECTOR FESLER David W. Callahan, Clerk of 'the Board & Ex-officio Secretary of the SOUTH TAHOE PUBLIC UTILITY DISTRICT (SEAL)