Reso 0491-10/1978 RESOLUTION NO. 491
RESOLUTION OF THE BOARD OF DIRECTORS
OF SAN MARCOS COUNTY WATER DISTRICT,
MAKING DETERMINATIONS, CONFIRMING
ASSESSMENTS AND PROCEEDINGS, AND
ORDERING PROPOSED IMPROVEMENTS IN THE
MATTER OF
Assessment District No. 76-1
WHEREAS, this Board of Directors has by its Resolution No. 476 declared
its intention to order the acquisition of certain property and the construction of
certain water system improvements, appurtenances and appurtenant work, and to form
Assessment District No. 76-1 under the provisions of the Municipal Improvement Act
of 1913, i.e., Division 12 of the California Streets and Highways Code (herein
"the Act:); and,
WHEREAS, by Resolution No. 482, this Board of Directors has approved
a report prepared by the Engineer of Work under and pursuant to the Act and, in
particular, Sections 10203 and 10204 of the California Streets and Highways Code;
and,
WHEREAS, in said Resolution No. 482 this Board of Directors fixed
October 2, 1978, at the hour of 3:00 o'clock p.m. at the meeting place of said
Board of Directors, 788 San Marcos Boulevard, San Marcos, California, as the time
and place of hearing protests and objections to the improvements proposed in said
report to be made, the extent of the assessment district proposed to be created,
and/or to the proposed assessment; and,
WHEREAS, the Secretary of the District has given notices of the passage
of the Resolution of Intention, Resolution No. 482, and of the filing of the Report,
and of the time and place and purpose of said hearing, all as required by Sections
10302, 10303, 10306 and 10307 of the California Streets and Highways Code; and,
WHEREAS, said Secretary has filed with this Board of Directors his
affidavit setting forth the time and manner of the compliance with the requirements
of the Act for publishing, posting and mailing of said notices; and,
WHEREAS, subsequent to the aforesaid action by the Board of Directors
in approving said Report, the Engineer of Work has made certain changes therein
and has presented to this Board of Directors a Final Report which includes said
changes; and,
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Resolution No. 491
WHEREAS, the said changes include a reduction of the total amount
proposed to be assessed throught Assessment District 76-1 to $898,400 and reductions
of the amount proposed to be assessed against individual parcels within said assess-
ment district; and
WHEREAS, at the time and place stated in said notices, a hearing was
duly held by this Board of Directors which hearing was later continued to October 16,
1978, at 3:00 o'clock p.m. at the aforesaid place; and during the course of said
hearing, the Final Report was duly presented and considered, and all written pro-
tests and objections received, if any, were duly presented, read, heard and
considered, and all persons appearing at said hearing and desiring to be heard in
the matter of said Final Report were heard; and a full, fair and complete hearing
has been had; and this Board of Directors is fully informed in the premises; and
WHEREAS, this Board of Directors has examined and considered the
assessment proposed in said Final Report and the proceedings prior thereto, and
the evidence presented at said hearing,
NOW, THEREFORE, The Board of Directors of the San Marcos County Water
District DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. Said hearing has been duly held, and each and every step
in the proceedings prior to and including the hearing has been duly and regularly
taken. This Board of Directors is satisfied with the correctness of the Final
Report, including the assessment and diagram, the proceedings and all matters
relating thereto; and any and all protests, objections or appeals are hereby over-
ruled and denied. This Board of Directors does hereby confirm the proceedings and
said assessment.
SECTION 2. This Board of Directors orders the proposed improvements
to be made in accordance with said Final Report and these proceedings.
SECTION 3. This Board of Directors does hereby determine that the
original Report referred to in the recitals hereof and approved by this Board of
Directors by its Resolution No. 482, has been changed, that said changes are
included in the Final Report heretofore submitted to the Board of Directors, and that
the amount of the assessment shown in said Final Report, i.e., $898,400, should be
confirmed; and said assessment is hereby confirmed and fixed in the amount of
$898,400.
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Resolution No. 491
SECTION 4. This Board of Directors does hereby determine that the
amounts to be assessed against the individual parcels shown on the assessment
diagram contained in said Final Report are hereby approved and confirmed; and the
Secretary of the District is hereby directed to endorse the fact and date of such
approval on said Final Report.
SECTION 5. The Secretary of this District is hereby directed to file
and record the said diagram and assessment as required by Sections 3114 and 10401
of the California Streets and Highways Code; and the Engineer shall record a Notice
of Assessment and give notice of the recordation of said assessment as required by
Sections 3114 and 10404 of said Code.
SECTION 6. Notice of the recordation of the assessment shall be pub-
lished in THE SAN MARCOS OUTLOOK.
SECTION 7. The Engineer is hereby instructed to record said assessment
and diagram in his office pursuant to Section 10401 of the Streets and Highways
Code and to give the notice as provided in Section 10600 of said Code.
ADOPTED, SIGNED AND APPROVED this 16th day of October 1978, by the
following roll call vote:
AYES: Directors: Keebaugh, Vanderbeck, Mahr, Blanchard
NOES: Di rectors: None
ABSTAIN: Di rectors: None
ABSENT: Directors: None
One Vacancy
- ATTEST:
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