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Reso 0476-07/1978 RESOLUTION NO. 476 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 NO. 76-1 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 construction 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 the "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 waiverof the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; and WHEREAS, it appears to the Board that an assessment should be formed to finance the acquisition of property and the installation 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 p~oposed to be included in such assessment district, which map is designated "Boundary Map, Assessment District No. 76-1 (Las Posas)" (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, Incorporated (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 -1- Resolution No. 476 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 benefitted by said improvements. SECTION 2. The number of the proposed assessment district shall be No. 76-1 and such district shall be designated "ASSESSMENT DISTRICT NO. 76-1". 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. 76-1 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 construction of certain waterworks system improvements, appurtenances, and all appurtenant work in connection therewith in certain streets, alleys, and other public easements as follows: -2- Resolution No. 476 1. Capacity in the connection to the San Diego County Water Authority Aqueduct, the chlorination facility and the adjacent pipeing constructed under Assessment District 76-3. 2. A metering structure. 3. Approximately 2250 linear feet of 12 inch water distribution line extending northerly from the aqueduct connection adjacent to the aqueduct right-of-way for service to the lands lying westerly of the aqueduct. 4. Approximately 3800 linear feet of 24 inch water transmission line easterly from the aqueduct connection along Questhaven Road and southerly to the new storage tank site. 5. A two million gallon steel water storage tank together with miscellaneous pipeing and controls. 6. 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 it is reasonably anticipated to be approximately NIL dollars ($ -0- ). 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 improvement in the approximate amounts of NIL dollars ($ -0- ) and NIL dollars ($ -0- )respectively. An assessment will be levied pursuant to the Act upon all property in the said Assessment District No. 76-1 subject to the assessments under said Act to pay the balance of the costs and expenses of the improvements. -3- Resolution No. 476 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 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 alternative procedure for collecting assessments and for the advance retirement of bonds. 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 improve- ments; (b) A general description of works or appliances already installed and any other property necessary or convenient 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; -4- Resolution No. 476 (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 passage of this resolution (each sub- division 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 the several subdivisions of land in the assessment district in direct proportions to the estimated benefits to be received by such subdivisions, respectively, from the improvements (the assessment 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. 76-1 to be exempt from the assessments hereafter to be made to cover the costs. SECTION 12. Pursuant to the provisions of the author- ity 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 proceeding 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: -5-