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Resolution No. 1258 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2@ 29 3O 31 32 q rL WEIDMAN A RESCLUTiON OF THE BOARD OF DIRECTORS OF THE SOUTH TAHCE PUBLIC UTII,I~ DISTRICT MAKING DETERMIN~A/fIONS AND APPROVING THE PROPOSED ANNEXATION OF TERRITORY, D~]SIGNATED AS ??SOUTH TAHOE ~URI,~C U~ILt ~Y ~.~-~:~ ANNEXATION NO 1969-1, AND MAKING DETE?J~!NATiONS AND APPROVING THE ANNEXATION OF SAID TERRITORY TO IMPROVEMENT DISTRICT ~0.U-i OF THE SOUTH TAHOE PUBLIC UT!I, ITY DISTRICT, DESIGNATED AS ANNEXATION NO o 1969-I-U-1 TO SAYD IMPROVEMENT DISTRICT R~L~OL"~' ~(~:,D ~:~ , by the Board of Directors of the oouth Tahoe Public Utility ~istrict, ?1 Dorado County, California, as follows: Wt~ER~,Ao, on March 20, 1969, this Board adopted its Resolution No - o~,~ ~ : . l,:.~+~, A Resolution of Av~lication By South Tahoe Public Util~t~ District Requesting That Local Agency Fo~ation ed~ngs For Annexation of Territory to the Commission Take ~'~roce ' · District, which ~esolution, together with a form of W~itten ~onsent of all of the owners of land of all the territory proposed to be annexed was filed with the Executive Officer of the Local. Agency Formation 0omission of the Cowry of E! Dorado an5 WHEreAS, on April 16, 1969, the Local Agency Fo~ation Co~ission of ][:! Dorado County adopted its Resolution No A Resolution of the Local Agency Fo~ation Co~ission of the Co~ty of E1 Dorado Making Determinations and Approving the Proposed Annexation of Territory, Designated as "South Tahoe Public Utility District Annexation No. 1969-1", to the South Tahoe Public Utility District; and WHEREAS, the Written Consent provided as a term and o~-~'~ion of said annexation that said. territory be included within an improvement district which provides for sewer service to said lands proposed to be annexed, which said improvement district is known as Improvement District No. U-1 of the South 1 2 3 5 6 ? @ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 3O 31 32 Tahoe Public Utility District, and all of said owners have consented in writ.lng to inclusion of said territory within said improvement district; and ;~]REAS, because of the geographical location of the territory to be annexed, the District can adequately and economically furnish services, specifically sewer services, are urgently needed within said territory, and no other governmental, agency is now able to so furnish such services, and there is presently no vrospect that any other such agency will be able to so furnish such services within the reasonably forseeable future; and t~EREAS, South Tahoe Public Utility District was directed by said Local Agency Formation Commission by its said Resolution No. 8-6~ to arnae× said territory herein proposed to be annexed to said South Tahoe Public Utility District, to said Improvement District No. U-1 of the South Tahoe Public Utility District~ and ~[~ER'j!AS, the annexation of said territory to the South Tahoe Public Ut~.lity District and to Improvement District No. U-1 of the South Tahoe Public Utility District was authorized and directed by said Local Agency Formation Co~muission by its said Resolution No. 8 -69 without notice and hearing by the Board of Directors and without an election therefore; and ~,~HEREAS, all published, posted, and mailed notices of all proceedings subject of this said. resolution whether proceedings by said Local Agency Formation Commission or this Board of Directors of the South Tahoe Public Utility District has been published, made and given as reo, uired by applicable law; and NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED THAT: The territory proposed to be annexed to the South ~ ~. WEIDMAN 1 2 5 6 ? B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~i P-. WEIDMAN Tahoe Public Ut~.l~_ty District is uninhabited, as such term is defined in Government Code, Section ~604~, and the description of the exterior boundaries of the territory is set forth in Exhibit "A' attached hereto (South Tahoe Public Utility District Annexation No. 1969-1) and made a part hereof, and that no written or oral protests were filed. 2. The annexation to the South Tahoe Public Utility District is approved subject to the terms and conditions as contained in the aforementioned Resolution No. 1245 adopted March 20, 1969, by the Board of Directors of the South Tahoe Public Utility District insofar as applicable to South Tahoe Public Utility District Annexation No. 1969-1, which, said terms and conditions are set forth in ~hibit ':B" attached hereto. 3. That said territory proposed to be annexed to Improvement District No. U-1 of the South Tahoe Public Utility District would be benefitied by annexation to and included within Improvement District No. U-1 of the South Tahoe Public Utility District, which said Improvement District is in existenc at this time an~ provides for sewer service to the said land herein proposed to be annexed, to the South Tahoe Public Utility District, and that said Improvement District No. U-1 will be benefit,.ed and will not be injured by armexation of said land to said Improvement District. 4. The territory proposed to be annexed, to Improvemen' District No. U-1 of the South Tahoe Public Utility District is described in Exhibit "A" attached hereto (South Tahoe Public Utility District Annexation No. 1969-1), and no written or oral protests were file. ~:~- The annexation of said territory to Improvement District No. U-t of the South Tahoe Public Utility District ~s approved and there are no terms and conditions of said annexatiol provided, that those terms and conditions established in con- 1 2 3 4 5 6 7 @ 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 _ 26 27 28 29 3O 31 32 JQHN ~,WEIDMAN ATTBEN£Y AT LAW nection with the annexation of said areas to the South Tahoe Public Utility District, are in no way affected by this annexation to said improvement district. Said annexation is designated Annexation No. 1969-l-U-1 to Improvement District No. U-1 of the South Tahoe Public Utility District. PASSED AND ADOPTED at a duly held adjourned meeting of the Board of Directors of South Tahoe Public Utility District on April 24, 1969, by the following vote: AYES: Directors Fesler, Kortes, Wakeman, Hegarty and Ream NOES: None ABSENT: None Rob'erb W. Fesler, President ~f the Board of Directors of 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 1 2 3 4 5 6 7 8 9 10 11 15 14 15 16 17 ~0 21 24 25 27 28 ~Ir"IHN ~. WEIDh4AN EXHIBIT B 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 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 detachment of territory to or from any existing improvement district or districts; 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. (d) Annexation fees in effect at the time 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 system is made. (e) The land to be annexed shall be included in and form a part of Improvement District No. U-1 of the South Tahoe Public Utility District formed pursuant to Section 16607 of the Public Utilities Code of the State of California, and Division 11, Part 7 and .Part 8 of the Water Code of the State of California. The written consent to annexation of territory to South Tahoe Public Utility District executed by owners shall constitute a petition for annexation to Improvement District No, U-1 of the South Tahoe Public Utility District without Notice and Hearing. EXHIBIT B 2 5 4 5 6 7 8 9 10 11 15 14 15 18 17 18 19 22 24 25 26 27 29 50 51 2. Upon and after the effective d~te of said annexation, the territory, all inhabitants within said 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, 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. dC]liN O. WE:IOMAN EXHIBIT B 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 JnHN I~, WEIDMAN CERTIFICATE 07 RESOLUTION TATE OF CALIFORNIA) C OUI~TY OF EL DORADO) I, DAVID W. CALLAHAN, Clerk of the South Tahoe Public Utility District, County of E1 Dorado, State of California· ~o hereby certify that the attached Resolution No/~._~"2~Vis a 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 adjourned meeting on April 25, 1969, and that the original of said resolution is on file in the office of said South Tahoe Bublic Utility District. Said ~esolution was passed and adopted by the following Mote of the members of the Board of Directors thereof: AYES: Directors Fesler, Kortes, Wakeman, Hegarty and Ream NOES: None ABSENT: None t rL~e · vid W. Callahan,' Clerk" of the ~South Tahoe Public Utility District and. ex- officio Secretary of the Board of Directors thereof. ( SEAL )