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Reso 0488-10/1978 RESOLUTION NO. 488 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. 76-3 WHEREAS, this Board of Directors has by its Resolution No. 477 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. 76-3 under the provisions of the Muni- cipal Improvement Act of 1913, i.e., Division 12 of the California Streets and Highways Code (herein "the Act"); and, WHEREAS, by Resolution No. 483, 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. 483, 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 the notices of the passage of the Resolution of Intention, Resolution No. 483, 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, -1- Resolution No. 488 WHEREAS, the said changes include a reduction of the total amount proposed to be assessed throughout Assessment District No. 76-3 to $1,224,524 and reductions of the amount proposed to be assessed against individual parcels within said Assessment 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 con- sidered, 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 if fully informed in the permises; and WHEREAS, this Board of Directors has examined and considered the assess- ment 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 orig- inal Report referred to in the recitals hereof and approved by this Board of Directors by its Resolution No. 483, 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., $1,224,524, should be confirmed; and said assessment is hereby confirmed and fixed in the amount of $1,224,524. -2- Resolution No. 488 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 N~tice of Assessment and give notice of the recordation of said assessment as req- uired by Sections 3114 and 10404 of said Code. SECTION 6. Notice of the recordation of the assessment shall be published 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: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None One Vacancy President of the Board of Directo~rs of San Marcos County Water Di strict ATTEST: n ary of~~tMarcos -3-