Reso 0550-08/1980 RESOLUTION NO. 550
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. 76-2
(MT. WHITNEY)
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 improve-
ments 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 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 proposed to be included in such assessment district, which map is
designated "Boundary Map, Assessment District No. 76-2 (Mt. Whitney)" (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
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:
Resolution No. 550
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. 76-2 and such district shall be designated "ASSESSMENT DISTRICT NO. 76-2
(Mt. Whitney)".
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 Dstrict No. 76-2
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 evidencing 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:
1. A 5,400,000 gallon water storage reservoir;
2. Approximately 51,000 feet of waterlines including 6,8,12,16
and 21 inch diameter pipe;
3. Modified pump station facilities and chlorination facilities;
4. Approximately 33 fire hydrants; and
5. The necessary real property, easements, and rights of way for
the foregoing, all located generally as depicted in the diagram
entitled (Assessment District 76-2 Showing Existing and Proposed
Water Facilities", attached hereto as Exhibit A and incorporated
herein by this reference.
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Resolution No. 550
SECTION 6. An assessment will be levied pursuant to the Act upon all
property in the said Assessment District No. 76-2 subject to the assessments
under said Act to pay the costs and expenses of the improvements.
SECTION 7. Serial bonds, bearing interest at a rate not to exceed
ten percent (10%) 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 install-
ment 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 ll-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 improvements, which report shall meet the require-
ments 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 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;
(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 subdivision to be given a separate
number on the diagram); and
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Resolution No. 550
(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 proportion 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. 76-2 to be exempt from the
assessments hereafter to 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 proceeding and the property owners
will not be allowed or permitted to take such contract.
ADOPTED, SIGNED AND APPROVED this 18th day of August , 1980,
by the following roll call vote:
AYES: Directors: Holm, Mason, Waller, Mahr
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: Ferguson
ATTEST:
R5 W R2 W
EXHIBIT "A"
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ASSESSMENT DISTRICT ....oo ....EXISTING WATERLINE (~) EXISTING TANK
m, eeemm BOUNDARY
[] PUMP STATION _ · PROPOSED WATERLINE ~ PROPOSED TANK SITE
' + FIRE HYDRANT .... PARCEL BOUNDARIES
ASSESSMENT DISTRICT 76-2
SHOWING EXISTING AND
PROPOSED WATER FACILITIES
REV. Io , 22-~50