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
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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:
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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.
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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;
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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:
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