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Reso 0663-06/1983 123 RESOLUTION NO. 663 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT SETTING FORTH THE POLICY OF THE DISTRICT WITH RESPECT TO ANNEXATIONS OF INDEPENDENT SPECIAL DISTRICT TERRITORY BY CITIES WHEREAS, the SAN MARCOS COUNTY WATER DISTRICT (District) was created on March 24, 1955; and WHEREAS, the performance of the functions committed to the District by Division 12 of the Water Code of the State of California, from 1955 to date has resulted in the development of expertise in serving the public interest relating to water and sewer service; and WHEREAS, the Council for Intergovernmental Relations (under Governor, now President Reagan) determined that Independent Special Districts are an efficient, specialized, cost-effective and economical local responsive government method of providing public services; and WHEREAS, decisions with respect to land use are committed by California law to general purpose governments and the law of the State of California prohibits the use of the power to provide or restrict potable or non-potable water or sewer service as a means of controlling land use; and WHEREAS, the control of potable and non-potable water or sewer service is not essential to the efficient functioning of city government; and WHEREAS, the public interest is served by the specialization of independent water and sewer districts in providing water and sewer service to the public by focus of attention of the elected directors and the management and staff of an independent water and sewer district on the unique problems of water and sewer service. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section l: Water and sewer systems must be developed, operated, maintained, managed, engineered and financed as cohesive units; it is not in the interest of the public to derange an efficient and economical water or sewer service by permitting overlapping functions of general and special purpose governments with respect to water or sewer service or to disrupt the cohesive functioning of an integrated system by division of the system into arbitrary segments and allocation of those sections to divergent agencies for the performance of essential water or sewer functions. 137 RESOLUTION NO. 663, Page 2 Section 2: The SAN MARCOS COUNTY WATER DISTRICT opposes all annexations of independent special district territory to cities unless and until a permanent and enforceable agreement is entered into between the parties concerned and enforced by the Local Agency Formation Commission or its successor for the preservation of the cohesive integrity of the water or sewer system functions of the water or sewer district whose territory is being annexed to a city. Section 3: The SAN MARCOS COUNTY WATER DISTRICT solicits the cooperation of the Local Agency Formation Commission in enforcing the principles and concepts of this Resolution in all city annexations of independent special district territory. Section 4: The Special Districts Association of the State of California and the Association of California Water Districts are urged to promote legislation to attain the objectives of the spirit and principles of this Resolution. Section 5: The General Manager of the SAN MARCOS COUNTY WATER DISTRICT is authorized and directed to provide certified copies of this Resolution to the Special Districts Association, the Local Agency Formation Commission of the County of San Diego, the Association of California Water Agencies, the neighboring cities and special districts who have territory contiguous to the territory of the SAN MARCOS COUNTY WATER DISTRICT, and to State representatives William A. Craven, Robert Frazee, and William Bradley. PASSED, ADOPTED AND APPROVED by the Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT at a regular meeting of the Board of Directors held this 6th day of June, 1983, by the following roll call vote: AYES: Directors: Newport, Holm, Ferguson NOES: Di rectors: None ABSTAIN: Di rectors: None ABSENT: Directors: Mahr, Mason ,-,;I ,,/~' Board %f Di rectors SAN MARCOS COUNTY WATER DISTRICT ATTEST: ~B~ar~ F0. , tary' f SAN MARCOS COUNTY WATER DISTRICT