Reso 0477-07/1978 RESOLUTION NO. 477
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SAN MARCOS COUNTY WATER DISTRICT,
DECLARING ITS INTENTION TO ORDER THE
ACQUISITION OF CERTAIN PROPERTY AND THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS AND
TO FORM ASSESSMENT DISTRICT 76-3
WHEREAS, the Board of Directors of the San Marcos County Water
District proposes to take proceedings pursuant to the provisions of
the Municipal Improvement Act of 1913, being Division 12 of the Streets
and Highways Code of the State of California (herein referred to as
the "Act"), for the acquisition of certain property and the construc-
tion of certain waterworks system improvements, appurtenances, and
all appurtenant work in connection therewith in certain streets,
alleys, and other public easements (herein referred to as improvements);
and
WHEREAS, all of the owners of more than 60 percent in area of
the property subject to assessment for said proposed improvements
have signed and filed with the Secretary of the District a written
petition for said improvements and waiver of the provisions of the
Special Assessment Investigation, Limitation and Majority Protest
Act of 1931; and
WHEREAS, it appears to the Board that an assessment district
should be formed to finance the acquisition of property and the in-
stallation of said improvements under the provisions of the Act; and
WHEREAS, the proposed boundaries of such assessment district are
shown on a map thereof which indicates by a boundary line the extent
of the territory proposed to be included in such assessment district,
which map is designated "Boundary Map, Assessment District No. 76-3
(Questhaven)" (herein referred to as the "Map"), has been presented
to the Board for approval and is on file in the office of the
Secretary; and
WHEREAS, the firm known as Neste, Brudin & Stone, Inc. (herein
referred to as the "Engineer") is competent to make and file with the
Secretary the report with regard to the improvements, which report is
required by the Act to be made and filed; and
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Resolution No. 477
WHEREAS, before ordering the improvements the Board of Directors
is required under the Act to adopt a resolution declaring its intention
to do so,
NOW, THEREFORE, the Board of Directors of the San Marcos County
Water District DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. This Board of Directors hereby finds and declares
that the public interest and necessity require the acquisition of
certain property and the construction of certain waterworks system
improvements, appurtenances, and all appurtenant work in connection
therewith in certain streets, alleys and other public easements as
hereinafter described; and this Board of Directors hereby declares
its intention to order the improvements and to form an assessment
district covering the real property benefited by said improvements.
SECTION 2. The number of the proposed assessment district shall
be No. 76-3 and such district shall be designated "ASSESSMENT.DISTRICT
NO. 76-3".
SECTION 3. The Map, which indicates by a boundary line the
extent of the territory included in said proposed assessment district,
is hereby declared to describe the proposed boundaries of Assessment
District No. 76-3 and shall govern for all details as to the extent
of said assessment district.
SECTION 4. The Secretary of the Board of Directors is hereby
directed to endorse his certificate on the original of the Map evidenc-
ing the date and adoption of this resolution and to file said Map in
his office, and forthwith to file a copy of said Map so endorsed with
the County Recorder of San Diego County, California.
SECTION 5. The improvements which the Board of Directors
intends to order are the acquisition of certain property and the con-
struction of certain waterworks system improvements, appurtenances,
and all appurtenant work in connection therewith in certain streets,
alleys, and other public easements as follows:
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Resolution No. 477
1. Connection to the San Diego County Water
Authority Aqueduct adjacent to Questhaven Road.
2. A chlorination facility adjacent to the
aqueduct connection.
3. Approximately 6070 linear feet of 30 inch
waterline westerly along Questhaven Road from the
aqueduct connection to a takeoff for the Olivenhain
Municipal Water District.
4. A flow control and metering station for the
Olivenhain takeoff.
5. Approximately 4300 linear feet of 27 inch
waterline westerly from the Olivenhain takeoff along
Questhaven Road and northerly along Rancho Santa Fe
Road to San Marcos Creek.
6. A pressure regulating structure in the
vicinity of San Marcos Creek.
7. Approximately 3300 linear feet of 20 inch
waterline northerly from the pressure regulator along
Rancho Santa Fe Road and the future right-of-way for
Melrose Road to a connection with an existing waterline
jointly owned by the San Marcos County Water District
and the Carlsbad Municipal Water District.
8. Metering and control devices in the existing
joint pipeline to record and regulate flows into the
Carlsbad system.
9. Approximately 3700 linear feet of 16 inch
waterline in a generally easterly direction from the
connection with the existing jointly owned pipeline
along the Alga Road right-of-way, Virco Street and
Redwing Street, to Rancho Santa Fe Road and easterly
to terminate at the site of the existing Meadowlark
tank.
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Resolution No. 477
10. A 2.75 million gallon steel water storage tank
together with miscellaneous pipeing and controls adjacent to
the existing Meadowlark tank.
11. Appurtenant items of work such as valves, air
releases, blowoffs, telemetry, and corrosion control.
SECTION 6. This Board of Directors hereby expresses its
intention to make a contribution, on behalf of the District, toward
the costs of the aforesaid improvements. The precise amount of
such contribution has not yet been finally determined, but is
reasonably anticipated to be approximately Three hundred eighty-one
thousand, three hundred sixty-two dollars ($381,362). In addition
thereto, it is anticipated that the Carlsbad Municipal Water District
and the Olivenhain Municipal Water District will make contributions
toward the costs of the aforesaid improvements in the approximate
amounts of Eight hundred forty-four thousand, eight hundred fifteen
dollars ($844,815) and Two hundred seventy-four thousand, six hundred
and thirteen dollars ($274,613) respectively. An assessment will be
levied pursuant to the Act upon all property in the said Assessment
District No. 76-3 subject to the assessments under said Act to pay
the balance of the costs and expenses of the improvements.
SECTION 7. Serial bonds, bearing interest at a rate not to
exceed eight percent (8%) per annum, shall be issued to represent
each assessment remaining unpaid after thirty (30) days from the date
of the recording the assessment in the office of the Superintendent of
Streets. The last installment of such bonds shall mature not later
than twenty-four (24) years from the second day of July next succeeding
ten (10) months from their date. Said bonds shall be issued under and
as provided in the Improvement Bond Act of 1915, Division 10 of the
Streets and Highways Code of the State of California.
SECTION 8. The Board of Directors hereby proposes to proceed
under Part 11-1 of said Division 10 which Part 11-1 allows an alterna-
tive procedure for collecting assessments and for the advance retirement
of bonds.
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Resolution No. 477
SECTION 9. Any surplus remaining in the improvement fund
after the completion of said improvements shall be used as a
credit upon the assessment and any supplemental assessment in
the manner provided in the Act.
SECTION 10. The improvements hereby are referred to the
Engineer, who is requested and directed hereby to make and file
with the Secretary a report in writing with regard to the improve-
ments, which report shall meet the requirements of Section 10204
of the Act, and shall contain the following:
(a) Plans and specifications for the improvements;
(b) A general description of works or appliances
already installed and any other property necessary of con-
venient for the operation of the improvement, if the works,
appliances, or property are to be acquired as part of the
improvement;
(c) An estimate of the cost of the improvements,
and the cost of land, rights of way, easements, and incidental
expenses in connection with the improvements;
(d) A diagram showing the assessment district, and
the boundaries and dimensions of the subdivisions of land
within the assessment district as they existed at the time
of the passage of this resolution (each subdivision to be
given a separate number on the diagram); and
(e) A proposed assessment of the total amount of
the cost and expenses of the improvement upon several sub-
division of land in the assessment district in direct
proportion to the estimated benefits to be received by such
subdivisions, respectively, from the improvements (the assess-
ment shall refer to the subdivisions by their respective
numbers assigned as provided in (d) above).
SECTION 11. The property owned by the District is hereby
declared to be in use in the performance of a public function and
further is hereby declared to be public property within Assessment
District No. 76-3 to be exempt from the assessments hereafter to
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Resolution No. 477
be made to cover the costs.
SECTION 12. Pursuant to the provisions of the authority
granted by the Act, the Board of Directors does hereby determine
and declare that in its opinion the public interest will not be
served by allowing the property owners to take any contract to be
let under this proceedings and the property owners will not be
allowed or permitted to take such contract.
ADOPTED, SIGNED AND APPROVED this 3rd day of July, 1978, by
the following roll call vote:
AYES: Directors: Keebaugh, Vanderbeck, Dow, Mahr, Blanchard
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
ATTEST:
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