Resolution No. 939 1
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J~HN Ct, WEIDMAN
RESOLUTION NO. 939
A RESOLUTION OF APPLICATION BY SOUTH TAHOE PUBLIC
UTILITY DISTRICT REQUESTING THAT LOCAL AGENCY
FOR~iATION COI~ISSION TAKE PROCEEDINGS FOR
ANNeXaTION OF TERRITORY TO THE DISTRICT
SOUTH TAHOE PUBLIC UTILITY DISTRICT
{BOHANNON)
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 Reorgani~.ation 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; and
WHEREAS, the territory proposed to be ~nnexed i$
uninhabited as such term is defined in the Oovernmen~ Cod.e,
Section 56045, and a description of the exterior boundaries or
the territory is set forth in said EXRIBIT A; and
WHEREAS, it is desired to provid ~hat the proposed
annexation be subject to the terms and cofiditions described in
EXHIBIT B attached hereto ~nd made a part hereof; ~nd
WHEREAS, because of the geographical location of the
territory ~o be annexed, the District can adequately and econom-
ically furnish services which sre 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
any other such agency will be able to so furnish such services
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,,J~HN I~. WE:IOMAN
A'rT[111~NEY AT LAW
within the reasonably foreseeable future; and
~HEEEAS, 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 A S 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
Com~.ission 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 Reorgani~.ation 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 authoriz
the Board of Directors of the District to annex the territory
without notice and hearing by the Board of Directors and with-
out 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 authori~.ed 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 or,nets
o£ land within the territory proposed to be annexed, and thaC
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 Government Code.
PASSED AND ADOPTED at a duly held regular meeting of
the Board of Directors of South Tahoe Public Utility District
on October 19, 1967, by the following vote:
AYES: Directors Fesler, Kortes, Wakeman Hegarty and
Ream '
NOES: None
ABSENT: None
ROBERT W. FESL'ER
President of the Board of Directors
of South Tahoe Public Utility Distr~
ATTEST:
a~y Par~Tey, Assista~ C'le~k of
SOUTH TAHOE PUBLIC UTILITY DISTRICT
( SEA L )
I),:WI]_) D. BC)~izd'~NC)b.~
I-'~5 :,5
(119 Acre Parc'~'l)
A port]on of tt ;; South hail c>f tho North !.;,~lf of Soc:tk~n ]0, T. 12 N., R. 18 E.,
}:'~co~ds; thence alc~:~9 t}~c ~:::;i ].Snc of :~ic] ~ou~l~ea:::~ quarter, S. 0~45'iS'' E., 662.72
half, S. 8Sod~'30'' W., ]323.10 feet tc, the Soutt~wc:;t corner of ti~e No:t!t half of
~:aid Southe~:t qu;~rtcr; t}~ :..c:c o]ono tlr, West li~e of r-;aid North
N. 0043'40" V/., 222.48 f,'et; th.'..~';co ]<avjng f;atdV/cst line, poral]r~] wi'Lb
North l~ne of the South haJ[ of tl~c No, ii,east quarter of said Scctf,:,n 10,
~,. 88045'50'' W., 992 22 feet to a poi:t: on the East linc of t]~e'&'cst h:lf of
VTez;t h~].f of tl~e So~tLh?.,cs citt(t~tc~r of tl~e Northeast ~iuarter of sa~,t Sect:on 10;
tL~:;t-W~:st nj~lsec:tJcm ]~:~c of s~J.~[ ~;~.(:t;~)~! ]0; then(", along f;aiJ ndds(c:tion line,
8. 88~47'05'' W., 2977.a fcct to thc:','/es't quarte~ ,'orner of saJ2 Section 10;
thence along tho West lin~ of [~,::id Sec:~on 10, N. 0~38'40'' W., 1323.60 feet
to fl~e No~thwc~st corner of the South h~l[ of the No, th half of [;aj~l Sect~.c,n 10;
~hencc along :;aid NoFL}I ]~",ct N. 80°4~'50'' E./ 529].25 feet to the po~:~t of
beginning. (:<mt, tt:~Jn(t Il ~ ~c:i,.'::, mot or ](:sf;.
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JI~HN m. W£1DI~AN
EXH IBI? B
1. In the event the District sh~ll require ~ny
payment of ~ fixed or determinable amount of money,.either as
lump sum or in inst~llm, ents, for the acquisition, transfer,
use or right of use or any part of the existing property, real
or personnl, of the District, such payment will be m~de as
follows:
(~)
If psy~-~ent in a lump sum is required, payment of
such sum shall be m~de in c~sh to the District
prior to the effective date of such ~nnexation;or
(b)
If payment in insts!!ments is required, an
~greement providing for such p~y~ent shall be
duly executed with t~e District prior to the
effective date of such annexation.
(c)
In lieu of any payment set forth in (~) or (b)
above, psy~ent may be m~de through
l/
The fOrmation of ~ new improvement district
or districts or the annexation or detachment
of ~erri~ory to or from any existing
improvement district or districts;
2/
fha incurring of new indebtedness or
liability b)~ or on behalf of ~11 or any
p~rt of ~ny dis~:-rict or of ~ny existing
or proposed new improvement district
therein;
3/ J.'he issuance and sale of any bonds,
including auuhorized but unissued bonds.
(d)
~nnexation fees in effect at the time of the
filing of a written consent to annexstion of
territory to South l~ahoe Public Utility
District shall be p~id to the District for
those ~ress to be served by the District
prior to the tt~e that connection to the
District's system is made.
(e)
~Phe land to be annexed shall be included
in and form a part of ~ny improvement
district formed pursuant to Section 16~07
of the Public Utilities Code of ~he State
of California, and Division ll, ?~rt 7 and
Part 8 of the Water Code of the o~ate of
California, and/or a zone forv~ed pursuant
to the Public Utilities Code ol the State
of California, existing at t~e time of
annexation of the territory herein proposed
to be annexed or crested after ~nnexation
of the territory herein proposed to be annexed
w}~ich said improvement district and/or zone
provides for sewer service to the s~id lands
herein proposed to be annexed.
EXHIBI'~ B
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dI'IHN I~, W£1DMAN
A'r"t'~3RNEY AT LAW
2. Upon and after the effective date of said
annexation, the territory, ~ll inhabitants within said territory
~nd ali. persor~s 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 sa~.e rights ~nd duties as if
the territory had been ~ part of the District upon its origina!
for~stion, shall be liable for the payment of principal, inter-
est, ~nd any other a~ounts w~ich s~all become due on account of
any outstanding or then authorized but thereafter issued bonds,
ir~cluding revenue bonds, or other contracts or obligations of
the District and shall be subject to the levying or fixing and
collection of ~.~y and ~ll taxes, assessments, service charges,
rentals, or rates as may be necessary to provide for such
pay~ent.
EXHIBL[~ B
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dEIHN 13. WEIDMAN
CERTIFICATE OF RESOLUTION
AYES:
NOES:
ABSENT:
STATE OF CALIFORNIA
SS.
COUNTY OF EL DORADO
I, MARY PARSLEY, Assistant Clerk of the SOUTH TAHOE
PUBLIC UTILITY DISTRICT, County of E1 Dorado, State of California
do hereby certify that the attached Resolution No. 939 is a true,
full and correct copy thereof, and that said Resolution was duly
adopted by the Board of Directors 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
on October 19, t967.
Directors Fesler, Kortes, Wakeman, Hegarty
and Ream
None
None
Wary P~sley, Assist~ Clerk
TAHOE PUBLIC UTILITY~DISTRICT
of SOUTH