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Resolution No. 1338 RESOLUTION NO. 1338 A RESOLUTION OF APPLICATION BY SOUTH TAHOE PUBLIC UTILITY DISTRICT REQUESTING THAT LOCAL AGENCY FORMATION COMMISSION TAKE PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE DISTRICT SOUTH TAHOE PUBLIC UTILITY DISTRICT ANNEXATION NO. 1969-6 (SMITH) RESOLVED, by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT, E1 Dorado County, California, that WHEREAS, the ptstrict proposes to initiate preliminary proceedings pursuant to the District Reorganization Act of 1968, Title 6, Division 1, of the Government Code of the State of California (commencing with Section 86000) as amended, for annexation of the territory described in EXHIBIT A, attached hereto and made a part hereof (hereinafter sometimes referred to as the territory); IgI-IEREAS, the proposed annexation of the territory to South Tahoe Public Utility District will not affect any other District, but will affect the County of E1 Dorado, State of California, and the City of South Lake Tahoe; and WHEREAS, the territory proposed to be annexed is uninhabited as such term is defined ~n the Government Code, Section $6045, and a description of the exterior boundaries of the territory is set forth in said EXHIBIT A; and WHEREAS, tt ts desired to provide that the proposed annexation be subject to the terms and conditions described fn 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 economically furnish 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; and IArHEREAS, all of the owners of land within the territory have given their consent to the proposed annexation; NOW, THEREOFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: 1. That th~s 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, and on the terms and conditions stated in said EXHIBIT B, and ~n the manner provided by said District Reorganization Act of 1965, as amended; 2. That the Local Agency Formation Commission is further requested to approve the proposed annexation w~thout 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 not~ce 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 w~th[n the territory proposed to be annexed, and that the D~strict 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 $500.00, as established by the E1 Dorado County Local Agency Formation Corniness[on pursuant to Section 56133 of the Government Code. - 2 - PASSED AND ADOPTED at a duly held regular meeting of the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT, on October 2, 1969, by the following vote: AYES: Directors Fesler, Wakeman, Ream and Kortes NOES: None ABSENT: Hegarty Robert W'. Fesler, President of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: David W. Callahan, Clerk and Ex-officio Secretary of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT (SEAL) EXHIB IT A All that real property situate in the Cfty of South Lake Tahoe, County of E1 Dorado, State of California described as: Lot 15, Lakeview Heights Subdivision, as said lot is designated and numbered on the Official Map of said Lakeview Heights Subdivision, filed in the office of the County Recorder of the County of E1 Dorado, State of California, on September 3, 1947, in Map BookA, at Page 70, SAVING AND EXCEPTING THEREFROM: that portion of said lot 15, described as follows: BEGINNING at the most Easterly corner of said lot 15, a point on the Southwesterly boundary of Mackedie Way in said Subdivision; thence, from the point of beginning, along said South westerly boundary, North 29© 50' 30" West, 100.00 feet; thence along the line common to lots 15 and 16, South 60© 08' West 100.0 feet; thence South 29© 50' 30" East 100.0 feet; thence along the line common to Lots 14 and 15, North 60© 08' East 100.0 feet to the point of beginning. EXHIBIT B 1. In the event the Distrctt shall require any payment of a fixed or determinable amount of money, either as a lump sum or tn 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 wtll be made as follow s: Lump sum prior to effective date of annexation. 2. Upon and after the effective date 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 sub- ject 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. CERTIFICATE OF RESOLUTION STATE OF CALIFORNIA ) ) ss COUNTY OF EL DORADO ) I, DAVID W o CALLAHAN, Clerk of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of E1 Dorado, State of California, do hereby certify that 'the attached RESOLUTION NO o 1 3 3 8 , 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 2, 1969. AYES: NOES: ABSENT: Directors Fesler, Wakeman, Ream and Kortes None Hegarty David W. Callahan, Clerk of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT (SEAL)