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Ord 0015 07/1959STATEMENT AND CERTIFICATE This Statement aid Certificate is made pursuant to Article 4, Chapter 2, Part 8, Division 12 (Section 3?)1i19) of the Water Code of the State of California. The undersigned, being the President and Secretary of the San Marcos County Water District, do hereby certify: 1. That the Board of Directors of the San Marcos County Water District on the 6th day of July, 1959, did enact an Ordinance, a certified copy of which is attached hereto. 2. That said Ordinance became effective on the 6th day of August, 1959. 3. That no petition for disapproval or veto of said Ordinance has been filed, and that the time for filing said petition has expired. WITNESS our hands and the official seal of the District this 25th day of August, 1959. President, San s County i. Water District Secretary, San Marcos County Water District ORDINANCE NO. 15 ORDINANCE ORDERING THE INCLUSION OF LANDS DESCRIBED IN A PETITION FILED ON THE 11TH DAY OF MAY, 1959, WITH THE SECRETARY OF. THE SAN MARCOS COUNTY WATER DISTRICT, MAKING THE FINDINGS REQUIRED BY LAW IN RESPECT THERETO AND NAMING OF SUCH IN- CLUSI ON BE IT ORDAINED by the Board of Directors of the San Marcos County Water District as follows: WHEREAS, land not a part of the San Marcos County Water District in the County of San Didgo may be included in the San Marcos County Water District, pursuant to the provisions of Chapter 2 of Part 8 of Division 12 of the Water Code of the State of California, and WHEREAS, a petition describing a tract of land pro- posed to be included in the San Marcos County Water District, signed and acknowledged by Marjorie L. Petersen, Carl A. Petersen, Dragutin Eli Myuskovich, R.L. Harms, Valeria Harms, and the San Marcos Cemetery District, by Leonard E. Ford, Secretary -Treasurer, and by Stanley A. Mater, President, in the manner required to entitle an instrument to be recorded, being a majority in number of the holders of title to the tract of land described in said petition and the holders of title to a majority in acreage of the land described in said petition, was filed with the Secretary of the San Marcos County Water District on the llth day of May, 1959, praying that the land described in said petition be included in the District, and WHEREAS, the signers of said petition did at the time they filed said petition with the Secretary of the District advance to said Secretary the cost of publishing and mailing of the notice of Hearing required on said petition for inclusion, and WHEREAS, the Secretary, within forty days after the filing of said petition with the Secretary, to wit: on the 18th day of May, 1959, commenced the publication of a notice of the filing of such inclusion petition in the Daily -Times - Advocate, a newspaper printed and published in the County of San Diego (there being no newspaperrinted and published in the San Marcos County Water District), which notice was published once a week for two successive weeks, to wit: On May 18th and May 25th, 1959 and contained: (A) A statement of the purpose of the petition. (B) A description of the land proposed to be included. (C) The time of the Hearing on said petition, to wit: 7:30 P.M. on the 1st day of June, 1959, at the office of San Marcos County Water District, San Marcos, California, being the regular meeting of the Board next after the giving of said notice would be completed. Hearing was continued until the 6th of July, 1959, and -1- (D) An announcement that any persons interested in the proposed inclusion mEV appear at the office of the Board at the time of the Hearing and file objections in writing showing cause if any they have why the land or any of it should not be included as proposed in the peti- tion, and WHEREAS, the land described in the petition filed with the Secretary was all assessed to Marjorie L. Petersen, Carl A. Petersen, Dragutin Eli Myuskovich, R. L. Harms, Valeria Harms, and the San Marcos Cemetery District on the last equalized assessment roll of the County of San Diego. Therefore the Secre- tary did not mail notices of said hearing, and WHEREAS, the Affidavit of Publication of said notice and said petition have been presented to and filed with the Board, and WHEREAS, at the time and place specified in said notice the Board proceeded to hear the petition and all objections to it presented in writing and it appearing that the Board has jurisdiction thereof, and that no one appeared in opposition thereto or presented any objection in writing, the Board found and determined that the inclusion of said land should be made, and the Board adjourned said Hearing pursuant to Section 32471 of the Water Code, and WHEREAS, on July 6, 1959, at 7:30 P.M. in the office of the San Marcos County Water District the Board proceeded to hear the petition andall objections to it presented in writing and it appearing thatthe Board has jurisdiction thereof, and that no one appeared in opposition thereto or presented any objection in writing to the inclusion of said land in the San Marcos County Water District, and said hearing having been closed. NOW, THEREFORE, the Board of Directors of the San Marcos County Water District finds that the following are true: (A) That said petition complies with Chapter 2 of Part 8 of Division 12 of the County Water District Law. (B) That the inclusion of the land described in said petition is authorized by Chapter 2 of Part 8 of Division 12 of tln Water Code of California. (C) That the inclusion of the lands described in the petition will be for the best interest of the San Marcos County Water District. (D) That the inclusion of the larxi described in the petition in the San Marcos County Water District will be for the best interest of said land. (E) That the petitioners include a majority in number of the holders of title to the land described in the petition and represent a majority in acreage of that land. -2- (F) That the petition for inclusion and the notice of hearing thereon is genuine and sufficient. SECTION I. The Board of Directors of the San Marcos County Water District orders the inclusion of all of the land described in said petition in the San Marcos County Water District, which land is described as follows: All of Lots 4 to 11 inclusive of Block 30 of Rancho Los Vallecitos de San Marcos, in the County of San Diego, State of California, according to Map thereof, No. 806, filed in the office of the County Recorder of San Diego County, December 21, 1895, AND all of that portion of Lots 2 and 3 in said Block 30 lying Southwesterly of the center line of the unnamed street (known as Richland Road) which traverses the North- easterly portions of Lots 1, 2 and 3 in said Block 30. SECTION II. The President and Secretary are hereby directed and instructed to file with the Secretary of State of the State of California, and with the County Recorder of San Diego County, Cdlifornia, certified copies of this Ordinance and the necessary Certificates stating that no petition for disapproval and veto of this Ordinance was filed within the time provided by law, if such be the fact. SECTION III. That the proper officers of the District be instructed and directed if this Ordinance takes effect to file with the County Assessor of San Diego County and the State Board of Equalization the necessary maps and statements showing that said property has been annexed to the San Marcos County Water District prior to the first day of February, 1960. SECTION IV. This inclusion shall be known and designated as "SAN MARCOS COUNTY WATER DISTRICT - INCLUSION NO. 15." ATTEST: Anna D. Charlton, Secretary San Marcos County Water District Amo D. Trusse1± President/ of the Board of Directors, San Marcos County Water District -3- Ordered adopted and approved by the Board of Directors of the San Marcos County Water District on the 6th day of July, 1959 by the following vote, to wit: AYES: Directors Blanchard, Dodds, Mahr, Smith, and Trussell NOES: Directors None ABSENT: Directors None Secretary of the San Marcos County Water District, and the Board of Directors therefor I, Anna D. Charlton, do hereby certify and state that I am the duly appointed, acting and qualified Secretary of the San Marcos County Water District and the Board of Directors thereof, and that the foregoing copy of Ordinance No. 15 which becomes effective August 6th, 1959 is true and correct, and that same has not been rescinded, amended or repealed. Secretary of the San Marcos County Water District and the Board of Directors therefor