Reso 0701-11/1984 235
RESOLUTION NO. 701
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT DECLARING
INTENTION TO ORDER THE CONSTRUCTION OF CER-
TAIN IMPROVEMENTS, TOGETHER WITH APPURTE-
NANCES, IN A PROPOSED ASSESSMENT DISTRICT
PURSUANT TO THE PROVISIONS OF THE "MUNICIPAL
IMPROVEMENT ACT OF 1913"; DECLARING THE WORK
TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT;
DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY
THE COSTS AND EXPENSES THEREOF; AND PROVIDING
FOR THE ISSUANCE OF BONDS
THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and it is the intention
of this Board, pursuant to the provisions of Division 12 of the
Streets and Highways Code of the State of California (the "Municipal
Improvement Act of 1913"), to order the construction of certain
public improvements, together with appurtenances and appurtenant
work, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 83-1
(MYRTLE AVENUE SEWERS)
(hereinafter referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENTS
A. The construction of certain improvements, together with appurte-
nances and appurtenant work and acquisition, if necessary, in
certain public streets and rights-of-way in the Assessment
District, as set forth in Exhibit "A" attached hereto, incor-
porated and so referenced. For further particulars, reference
is hereby made to a map of said Assessment District previously
adopted.
B. Said streets, rights-of-way and easements shall be shown upon
the plans herein referred to and to be filed with these
proceedings.
C. All of said work and improvements are to be constructed at the
places and in the particular locations, of the forms, sizes,
dimensions and materials, and at the lines, grades and eleva-
tions as shown and delineated upon the plans, profiles and
specifications to be made therefor, as hereinafter provided.
D. The description of the improvements and the termini of the work
contained in this Resolution are general in nature. All items
of work do not necessarily extend for the full length of the
description thereof. The plans and profiles of the work as
contained in the Engineer's "Report" shall be controlling as to
the correct and detailed description thereof.
E. Whenever any public way is herein referred to as running between
two public ways, or from or to any public way, the intersections
of the public ways referred to are included to the extent that
work shall be shown on the plans to be done therein.
F. Notice is hereby given of the fact that in many cases said work
and improvement will bring the finished work to a grade
different from that formerly existing, and that to said extent,
said grades are hereby changed and said work will be done to
said changed grades.
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DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements and work are of direct benefit to the proper-
ties and land within the Assessment District, and this Board hereby
makes the expenses of said work and improvement chargeable upon a
district, which said Assessment District is hereby declared to be
the Assessment District benefited by said work and improvements and
to be assessed to pay the costs and expenses thereof, including
incidental expenses and costs and which is described as follows:
All that certain territory in the District included within the
exterior boundary lines shown on the plat exhibiting the property
affected or benefited by or to be assessed to Day the costs and
expenses of said work and improvements in the Assessment District,
said map titled and identified as
"PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 83-1
(MYRTLE AVENUE SEWERS)"
and which said map was heretofore approved and which said map or
diagram is on file with the transcript of these proceedings,
EXCEPTING from the area shown within and delineated upon said map or
plat hereinabove referred to, the area of all public streets, public
avenues, public lanes, public roads, public drives, public courts,
public alleys, and all easements and rights-of-way therein contained
belonging to the public. For all particulars as to the boundaries
of the Assessment District, reference is hereby made to said boun-
dary map heretofore previously approved, and for a complete descrip-
tion of said Assessment District, the said plat and proposed
boundary map on file shall govern.
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby referred to BRADLEY & ASSO-
CIATES, who is hereby directed to make and file the report in
writing containing the following:
A. Plans and specifications of the proposed improvements;
B. An estimate of the cost of the proposed works of improvement,
including the cost of the incidental expenses in connection
therewith.
C. A diagram showing the Assessment District above referred to,
which shall also show the boundaries and dimensions of the
respective subdivisions of land within said Assessment District,
as the same existed at the time of the passage of the Resolution
of Intention, each of which subdivisions shall be given a sepa-
rate number upon said Diagram:
D. A proposed assessment of the total amount of the assessable
costs and expenses of the proposed improvement upon the several
divisions of land in proportion to the estimated benefits to be
received by such subdivisions, respectively, from said improve-
ment. Said assessment shall refer to such subdivisions upon
said diagram by the respective numbers thereof;
E. The description of the works of improvement to be constructed
under these proceedings, and acquisition, where necessary.
When any portion or percentage of the cost and expenses of the
improvements is to be paid from sources other than assessments, the
amount of such portion or percentage shall first be deducted from
the total estimated costs and expenses of said work and improve-
ments, and said assessment shall include only the remainder of the
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estimated costs and expenses. Said assessment shall refer to said
subdivisions by their respective numbers as assigned pursuant to
Subsection D. of this Section.
BONDS
SECTION 4. Notice is hereby given that serial bonds to represent the unpaid
assessments, and bear interest at the rate of not to exceed the
current legal maximum rate of 12% per annum, will be issued here-
under in the manner provided in the "Improvement Bond Act of 1915",
being Division 10 of the Streets and Highways Code of the State of
California, the last installment of which bonds shall mature a
maximum of and not to exceed FOURTEEN (14) YEARS from the second day
- of July next succeeding ten (10) months from their date. The provi-
sions of Part ll.1 of said Act, providing an alternative procedure
for the advance payment of assessments and the calling of bonds
shall apply.
The principal amount of the bonds maturing each year shall be other
than an amount equal to an even annual proportion of the aggregate
principal of the bonds, and the amount of principal maturing in each
year, plus the amount of interest payable in that year, will be
generally an aggregate amount that is equal each year, except for
the first year's adjustment.
Pursuant to the provisions of the Streets and Highways Code of the
State of California, specifically Section 10603, the Auditor is
hereby designated as the officer to collect and receive the assess-
ments during the cash collection period. Said bonds further shall
be serviced by the Auditor, or designated Paying Agent.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided for the issuance of bonds,
all of said improvements shall be made and ordered pursuant to the
provisions of the "Municipal Improvement Act of 1913", being Divi-
sion 12 of the Streets and Highways Code of the State of California.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the assessment, it shall
be used, in such amounts as this Board may determine, in accordance
with the provisions of law for one or more of the following
purposes:
A. Transfer to the general fund; provided that the amount of any
such transfer shall not exceed the lesser of One Thousand
Dollars ($1,000.00) or five percent (5%) of the total from the
Improvement Fund;
B. As a credit upon the assessment and any supplemental assessment:
or
C. For the maintenance of the improvement.
SPECIAL FUND
SECTION 7. That this Board hereby establishes a special improvement fund iden-
tified and designated by the name of this Assessment District, and
into said Fund monies may be transferred at any time to expedite the
making of the improvement herein authorized, and any such advance-
ment of funds is a loan and shall be repaid out of the proceeds of
the sale of bonds as authorized by law.
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PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public interest will not be served
by allowing the property owners to take the contract for the
construction of the improvements, and that, as authorized by law,
no notice of award of contract shall be published.
GRADES
SECTION 9. That notice is hereby given that the grade to which the work shall
be done is to be shown on the plans and profiles therefor, which
grade may vary from the existing grades. The work herein contem-
plated shall be done to the grades as indicated on the plans and
specifications, to which reference is made for a description of the
grade at which the work is to be done. Any objections or protests
to the proposed grade shall be made at the public hearing to be
conducted under these proceedings.
PROCEEDINGS INQUIRIES
SECTION lO. For any and all information relating to these proceedings, includ-
ing information relating to protest procedure, your attention is
directed to the person designated below:
GENERAL MANAGER
SAN MARCOS COUNTY WATER DISTRICT
788 SAN MARCOS BOULEVARD
SAN MARCOS, CA 92069
TELEPHONE: (619) 744-0460
PUBLIC PROPERTY
SECTION ll. All public property in the use and performance of a public function
shall be omitted from assessment in these proceedings unless
expressly provided and listed herein.
ACQUISITION
SECTION 12. That the public interest, convenience and necessity requires that
certain land, rights-of-way or easements be obtained in order to
allow the works of improvement as proposed for this Assessment
District to be accomplished. For a general description of the
location and extent of the easements or land necessary to be
acquired, reference is hereby made to maps on file with the tran-
script of these proceedings.
- PETITION
SECTION 13. That a petition signed by property owners representing more than
60% in area of the property subject to assessment for said improve-
ment has been signed and filed with the Secretary, and said written
petition expressly contains a waiver of any of the proceedings and
limitations as set forth under Division 4 of the Streets and High-
ways Code of the State of California, the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931"
WORK ON PRIVATE PROPERTY
SECTION 14. It is hereby further determined to be in the best public interest
and convenience and more economical to do certain work on private
property to eliminate any disparity in level or size between the
improvement and the private property. The actual cost of such work is
to be added to the assessment on the lot on which the work is done, and
no work of this nature is to be performed until the written consent of
the property owner is first obtained.
PASSED, APPROVED and ADOPTED at a Regular Meeting of the Board of Directors of
the San Marcos County Water District held this 13th day of November ,
1984, by the following roll call vote:
AYES: Directors: Mason, Newport, Mahr, Ferguson, Rutherford
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
San Marcos County Water District
ATTEST:
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SAN MARCOS COUNTY WATER DISTRICT
ASSESSMENT DISTRICT NO. 83-1
(MYRTLE AVENUE SEWERS)
EXHIBIT "A"
The proposed works of improvement are generally described as follows:
The construction and installation of sanitary sewer collector lines, together with
appurtenances, including the acquisition of easements where necessary, in a special
- assessment district known and designated as ASSESSMENT DISTRICT NO. 83-1 (MYRTLE
AVENUE SEWERS).