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Reso 0712-01/1985 191 RESOLUTION NO. 712 RESOLUTION OF THE BOARD OF DIRECTORS CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" WHEREAS, the BOARD OF DIRECTORS of the SAN MARCOS COUNTY WATER DISTRICT, CALIFORNIA, did, on the 13th day of November, 1984, adopt its Resolution of Intention No. 701, for the construction of certain public works of improvement, together with appurtenances and appurtenant work, including acquisition where appropriate, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 83-1 (MYRTLE AVENUE SEWERS) (hereinafter referred to as the "Assessment District"); and, WHEREAS, pursuant to said Resolution of Intention, a "Report", as therein provided, was presented, considered and approved; and, WHEREAS, said "Report", as preliminarily approved, contained all the matters and items called for by law and as pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, including the following: 1. Plans and specifications of the proposed improvements; 2. Estimate of cost: 3. Diagram of Assessment District; 4. An assessment according to benefits; 5. A description of the works of improvement. and, WHEREAS, all protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and, WHEREAS, notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by law and as evidenced by affidavits on file with the transcript of these proceedings; and, WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the project did not file written protests against the said proposed improvements and acquisition, where appropriate, and this Board did, after providing a full hearing, overrule and deny all protests and objections; and, WHEREAS, this Board is now satisfied with the assessment and all matters contained in the "Report" as now submitted. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report", consisting of the assessment and diagram for the improvements, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, is hereby confirmed. SECTION 3. That the public interest and convenience require the proposed improve- ments to be made, and therefore is is hereby ordered that the work to be done and improvements to be made, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, in said Assessment District, as set forth in the Resolu- tion of Intention previously adopted and as set forth in the "Report" presented and considered, and as now submitted. 195 SECTION 4. That the assessment contained in said "Report" is hereby levied upon the respective subdivisions of land in the Assessment District as set forth in said "Report". SECTION 5. That the Secretary shall forthwith deliver to the Superintendent of Streets the said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof; and that said Superintendent of Streets shall then immediately record said diagram and assessment in his Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. SECTION 6. That said Superintendent of Streets, upon the recording of said diagram and assessment, shall mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the County or on file in the Office of the Secretary, or to both addresses if said address is not the same, or to General Delivery when no address so appears, a statement con- taining a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a state- ment of the fact that bonds will be issued on unpaid assessments pursuant to the "Improvement Bond Act of 1915". SECTION 7. That said Superintendent of Streets shall also give notice by pub- lishing a copy of a notice of recording of assessment in the news- paper previously selected to publish all notices as provided by law, giving notice that said assessment has been recorded in his Office, and that all sums assessed thereon are due and payable immediately, and that the pa~qnent of said sums is to be made within thirty (30) days after the date of recording the assessment, which date shall be so stated in said notice, and of the fact that bonds will be issued upon unpaid assessments. SECTION 8. Upon confirmation of the assessments and recordation of the assess- ment roll and diagram, a certified copy of the assessment diagram shall be immediately filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of assessment shall be recorded in the Office of the County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. SECTION 9. That the Auditor is hereby authorized and directed to establish a special fund account to be known as the IMPROVEMENT FUND, and desig- nated by the name of this Assessment District, into which fund shall be paid all payments to be received upon said assessment, and the proceeds of the sale of bonds to be issued representing unpaid assessments. SECTION lO. That the Auditor is hereby further authorized to establish a SPECIAL RESERVE FUND, into which the designated amount shall be transferred and held in trust for the bondholders and used to assist final dis- charge by any payment by property owners within the boundaries of the Assessment District. PASSED, APPROVED and ADOPTED at a Regular Meeting of the Board of Directors of the San Marcos County Water District held this 15th day of January , 1985, by the following roll call vote: 197 AYES: Directors: Newport, Mahr, Ferguson, Rutherford NOES: Directors: None ABSENT: Directors: Mason ABSTAIN: Directors: None ~r~esident, Boar~ of Directors San Marcos County Water District ATTEST: Secretary, Board of Directors San Marcos County Water District J