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Reso 0579-12/1980 RESOLUTION NO. 579 A RESOLUTION OF THE BOARD OF DIRECTORS OF SAN MARCOS COUNTY WATER DISTRICT MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS, AND ORDERING PROPOSED IM- PROVEMENTS IN THE MATTER OF Assessment District No. 76-2 (Mt. Whitney) WHEREAS, this Board of Directors has by its Resolution No. 550, as amended by its Resolution No. 572 (collectively, "the Resolution of Intention"), declared its intention to order the acquisition of certain property and the construction of certain water system improvements, appur- tenances and appurtenant work, and to form Assessment District No. 76-2 under the provisions of the Municipal Improvement Act of 1913, i.e., Division 12 of the California Streets and Highways Code (herein "the Act"); and WHEREAS, by Resolution No. 574, this Board of Directors has approved a Report pertaining to said Assessment District 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. 574 this Board of Directors fixed December 15, 1980, 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 notices of the passage of the Resolution of Intention 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 require- ments of the Act for publishing, posting and mailing of said notices; and -1- Resolution No. 579 WHEREAS, at the time and place stated in said notices, a hearing was duly held by this Board of Directors; and during the course of said hearing, the Report was duly presented and considered, and all written pro- tests and objections received, if any, were duly presented, read, heard and considered; and all persons appearing at said hearing and desiring to be heard in the matter of said Report were heard; and a full, fair and complete hearing has been had; and this Board of Directors is fully informed in the premises; and WHEREAS, this Board of Directors has examined and considered the assessment proposed in said 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 Report, including the assessment and diagram, the proceedings and all matters relating thereto; and any and all protests, objections or appeals are hereby overruled and denied. This Board of Directors does hereby confirm the proceedings and said assessment. Section 2. This Board of Directors orders the proposed improve- ments to be made in accordance with said Report and .these proceedings. Section 3. This Board of Directors does hereby determine that the amount of the assessment shown in said Report, i.e., $5,696,875, should be confirmed; and said assessment is hereby confirmed and fixed in the amaunt of $5,696,875. 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 Report. -2- Resolution No. 579 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 Notice of Assessment and give notice of the recordation of said assessment as required 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 providedin Section 10600 of said Code. ADOPTED, SIGNED AND APPROVED this 15th day of December 1980, by the following roll call vote: AYES: Directors: Holm, Waller, Mahr, Ferguson NOES: Directors: Mason ABSTAIN: Directors: None ABSENT: Directors: None f · ATTEST: cretary of the an Marcos Water ct -3- RESOLUTION NO. 578 AGENDA ITEM # 105 W. RICHMAR AVENUE · SAN MARCOS, CALIFORNIA 92069 November 3, 1980 CITY COUNCIL Robert L. Harman, Mayor Richard R. Danover, Vice Mayor Charles G. Estenson Mr. Jim McKay, General Manager RECEIVED Lee B. Thibadeau San Marcos County Water District NOV 20, 1980 F.H. Smith 788 San Marcos Boulevard ADMINISTRATION San Marcos, CA 92069 714-744-4020 Henry E. Ford City Manager Subject: Policy for Sharing of Costs, Relocation Sheila A Kennedy City Clerk Or Replacement of Water and Sewer System Richard D. Ring, City Attorney · Facilities. Katharine Hammons Finance Director Dear Mr. McKay: On October 30, 1980, a conference of representatives of the San Marcos County Water District and the City · of San Marcos, participants as noted below, was convened to formulate 'an equitable cost-sharing basis for relo- cation or replacement of water and sewer system facilities in capital improvement projects initiated by the City of San Marcos. : The basic conclusions of the Conference were to recommend to the governing officials of each jurisdictions the following policy. guidelines: When the improvement project is an assessment dis- trict, the cost of relocation or replacement will be assessed to the various properties in the manner prescribed by law. Additional costs not eligible as an assessment district charge, will be shared equally by the City and the San Marcos County Water. District. - . For capital improvement projects where the funding is provided by the City and an outside source, {i.e., San Diego County Flood Control District) and the cost Of San Marcos County Water District facilities reIocation, replacement or repair is not shared by the outside .source,' the City and San Marcos County Water District will share those excess costs equally. San Marcos County Water District · November 3, 1980 Page 2 Where projects are solely the responsibility of and to be paid for by the City, the San Marcos County Water District will relocate, repair or replace their facilities at District expense. If the project is to be funded entirely by grants orisimilar financ- ing, the District's cost shall also be borne by the grant if approved by the issuing authority of the grant. If District facilities Or work are not included in eligible project funding, the City and the District will pay equal shares for the unfunded costs. Where costs are increased by reason of added facilities, increased size, etc., the incremental cost resulting from increased size or added appurtenant facilities as desired by the San Marcos County Water District will be borne by the same authority. Where the increased facilities or work is a joint venture, the cost shall be borne equally. Proposed project improvement plans will be submitted to the San Marcos County Water District at the earliest possible date for review and approval of proposed water and sewer system facility construction for planning purposes, cost projection and construction coordination of various projects. Sincerely, City Manager HEF:kh cc: Gene Madison Richard Danover Lee Thibadeau Dale Mason Stanley Mahr Dick Wygant Lowell Pathbun Would you please indicate your agreement that these were the conditions discussed by signing below and returning a copy to ....... Ge 1 Manager (2)