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Reso 0690-03/1984 RESOLUTION NO. 690 RESOLUTION OF THE BOARD OF DIRECTORS OF SAN MARCOS COUNTY WATER DISTRICT APPROVING A PROPOSED RESOLUTION OF INTENTION AND REQUESTING CONSENT AND JURISDICTION WHEREAS, the Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT, California, proposes to construct certain public works of improvement, together with acquisition where necessary, appurtenances and appurtenant work, in a special assessment district known and designated as MYRTE AVENUE SEWER ASSESSMENT DISTRICT (hereinafter referred to as the "Assessment District"), and as set forth and described in the proposed Resolution of Intention annexed hereto; and it is the opinion of this Board that the purpose sought to be accomplished by said work, appurtenances and improvements can best be achieved by a single comprehensive scheme of improvement, with proceedings conducted 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; and, WHEREAS, it is required and hereby further requested that the consent of the CITY OF SAN MARCOS, CALIFORNIA (hereinafter referred to as "Consenting Agency") be procured to the making of said improvements, acquiring necessary property and rights-of-way, if necessary, and assessing benefitted parcels, all as described in the proposed Resolution of Intention, a copy of which is attached hereto. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the proposed Resolution of Intention attached hereto be, and the same is hereby adopted and approved as the proposed Resolution of Intention for the work and improvements and appurtenances above referred to in the Assessment District, and that the consent of the Consent Agency is hereby requested for the following: 1. Formation of the Assessment District; 2. Authority to order improvements; 3. Authority and power to acquire necessary rights-of-way, where necessary; 4. Power to assess benefitted properties; 5. The assumption of jurisdiction by this Board of Directors for all purposes in connection with the Assessment District; 6. The consent and approval of the enclosed proposed Resolution of Intention; and, 7. Consent to and approval of the map forwarded indicating the extent of territory included in the proposed Assessment District. SECTION 3: The Secretary is hereby directed to forward a certified copy of this Resolution, together with the proposed Resolution of Intention attached hereto, and a copy of the map indicating the extent of the territory included in the proposed Assessment District to the Consenting Agency. SECTION 4: All of the works of improvement and all of the properties to be assessed lie not only within the boundaries of this District, but also exclusively within the jurisdictional boundaries of the Consenting Agency. Resolution No. 690, continued PASSED, APPROVED AND ADOPTED this 19th day of March, 1984, by the following roll call vote: AYES: Directors: Mason, Mahr, Newport, Ferguson, Rutherford NOES: D i rectors: None ABSTAIN: Di rectors: None ABSENT: Directors: None Dale Mason, P Board of Directors San Marcos County Water District ATTEST: RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS DECLARING INTENTION TO ORDER THE CON- STRUCTION OF CERTAIN IMPROVEMENTS, TOGETHER WITH APPURTENANCES, 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 DIST- RICT 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 MYRTLE AVENUE SEWER ASSESSMENT DISTRICT (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The construction of certain improvements, together with appurtenances 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, incorporated 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 elevations 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 chanqed and said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work are of direct benefit to the properties 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 pay the costs and expenses of said work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF MYRTLE AVENUE SEWER ASSESSMENT DISTRICT" 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 boundary map heretofore previously approved, and for a complete description of said Assessment District, the said plat and proposed boundary on file shall govern. REPORT OF ENGINEER SECTION 3. That this proposed improvement is hereby referred to BRADLEY & ASSO- CIATES, the appointed ENGINEER OF WORK, 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, Includ- ing 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 separate 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 improvement. 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 improve- ments is to be paid from sources other than assessments, the a~unt of such portion or percentage shall first be deducted from the total esti- mated costs and expenses of said work and improvements, and said assess- ment shall include only the remainder of the 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 assess- ments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division lO of the Streets and Highways Code of the State of California, the last install- ment 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 provisions 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 tnount 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 Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced and collected by the Treasurer, 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 Division 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 identified 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 advancement of funds is a loan and shall be repaid out of the proceeds of the sate of bonds as authorized by law. 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 contemplated 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 10. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: RICHARD PARKER BRADLEY & ASSOCIATES 105 SO. TWIN OAKS VALLEY ROAD SAN MARCOS, CA 92069 TELEPHONE: {61g) 744-6777 PUBLIC PROPERTY SECTION 11. All public property in the use and performance of a publtc function shall be omitted from assessment tn these proceedings unless expressly provided and listed herein. ACQUISITION SECTION 12. That the public tnterest, convenience and necesstt)' requires that certain land, rights-of-way or easements be obtained tn order to allow the works of ~mprovement as proposed for this Assessment D~strJct to be accomplished. For a general description of the location and extent of the easements or land necessar)' to be acquired, reference ts hereb)' made to maps on file wtth the transcript of these proceedings. PETITION SECTION 13. That a petition signed by propert)' owners representing more than 60~ in area of the propert)' subject to assessment for said improvement has been signed and filed with the Secretary, and said written petition express1)' contains a waiver of an)' of the proceedings and limitations as set forth under Division 4 of the Streets and Highwa)'s Code of the State of California, the "Spedal Assessment Investigation, Umitat~on and Majo- rit)' Protest Act of 1931" WORK ON PRIVATE PROPERTY SECTION 14. It is hereby further determined to be in the best public ~nterest and convenience and more economical to do certain work on private propert)' to eliminate an), disparit)' in level or size between the Improvements and the private propert)'. 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 ~s first obtained. APPROVED and ADOPTED this da)' of , 1984. THE ~c~ "- COUNTY WATER DISTRICT AND OF THE BOARD OF DIRECTORS THEREOF ATTEST: SECRETARY OF THE SAN MARCOS COUNTY WATER DISTRICT AND OF THE BOARD OF DIRECTORS THEREOF SAN MARCOS COUNTY WATER DISTRICT MYRTLE AVENUE SEWER ASSESSMENT DISTRICT EXHIBIT "A" The proposed works of improvement are generally described as follows: The construction and installation of sanitary sewer collector lines, togerther with appurtenances, including the acquisition of easements where necessary, in a special assessment district knbwn and designated as the MYRTLE AVENUE SEWER ASSESSMENT DISTRICT. STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, , SECRETARY of the SAN MARCOS COUNTY WATER DISTRICT, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the Board of Directors, approved and signed by the President, and attested by the Secretary, all at the meeting o~ said Board held on the day of , 1984, and that the same was passed and adopted by the following vote: AYES: DIRECTORS NOES: DIRECTORS ABSENT: DIRECTORS ABSTAIN: DIRECTORS EXECUTED this day of , lg84, at San Marcos, California. SECRETARY OF THE SAN MARCOS COUNTY WATER DISTRICT AND OF THE BOARD OF DIRECTORS THEREOF [SEAL]