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
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Board %f Di rectors
SAN MARCOS COUNTY WATER DISTRICT
ATTEST:
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SAN MARCOS COUNTY WATER DISTRICT