Reso 0365-06/1973 RESOLUTION NO. 365
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SAN MARCOS COUNTY WATER DISTRICT
ESTABLISHING A POLICY OF LIMITATIONS ON
ADVANCE APPROVAL OF CUSTOMER PROJECTS
AND SYSTEMS
WHEREAS, the Board of Directors of the SAN MARCOS
COUNTY WATER DISTRICT seeks to provide service to customers
throughout the District at minimal cost to the customers and
the taxpayers;
WHEREAS, provisions for service are subject to
constantly changing and fluctuating variables, including but
not limited to, the rate of development within the District,
the varied type of development within the District, the avail-
ability of facilities, changes in applicable statutes and regu-
lations, changing requirements for water quality standards, en-
vironmental considerations, tax limitations, and availability
of funds (many of these variables are not subject to control
by the District); and
WHEREAS, the Board of Directors desires to insure
that available facilities are put to timely and beneficial use
to serve the populace of the District.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN
MARCOS COUNTY WATER DISTRICT DOES HEREBY FIND, RESOLVE, DETER-
MINE AND ORDER AS FOLLOWS:
Section 1: Until such time as the Board of Directors
shall formally commit the District to provide service, the
District shall not be obligated for any service to any applicant
or project within the District.
Section 2: For the purpose of this Resolution the types
and definitions of "commitments" are:
2.1 FUTURE COMMITMENTS are commitments made by the
District after the effective date of this Resolution; a commitment
is made by formal Board action approving the plans and specifica-
tions for a project and runs from the date of formal Board action
approving the plans and specifications; the commitment is subject
to the limitations set forth in this Resolution.
2.2 EXISTING COMMITMENTS are commitments made by the
Board of Directors by virtue of approval of plans and specifications
prior to the effective date of this Resolution and run from the
effective date of this Resolution; the commitment is subject to
the limitations of this Resolution.
2.2.1 Applicants who have an existing commitment but
have not paid all fees and/or have not performed all conditions
of any concurrent agreement with the District relating to the com-
mitment are subject to having the existing commitment terminated
by action of the Board of Directors.
2.2.2 Applicants who have an existing commitment and
who have paid the fees and have performed all the conditions of
any concurrent agreement with the District relating to the commit-
ment are subject to termination of the commitment by lapse of time.
2.2.3 All other persons, (including applicants desiring
a commitment beyond one (1) year), who have applied for service
prior to the effective date of this Resolution must reapply for
a new [future] commitment.
Section 3: Unless otherwise stated by the Board of
Directors, the formal action by the Board of Directors to obligate
the District to provide service shall automatically terminate and
shall be null and void one (1) year following the formal action by
the Board of Directors to commit the District to provide service
unless actual service to the applicant or to the project has been
initiated and approved by the District prior to the expiration
of that one (1) year term.
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Section 4: An applicant may reapply for a new commitment
by District to provide service notwithstanding the fact that a
prior commitment is rendered void by cancellation of the commitment
by the Board or by the lapse of the one (1) year period of a prior
commitment without the initiation and approval of actual service by
the District.
Section 5: Where special circumstances dictate such a
requirement, the Board of Directors reserves the right to and may
specify a shorter or longer period for the life for the commitment
to provide service in which case the expiration date shall be spec-
ifically fixed by the Board in the formal action setting forth the
commitment of the District to provide service.
Section 6: Notwithstanding any action by the Board to
obligate the District to provide service, the commitment is not
final and binding until the applicant has paid all fees and has
performed all the conditions of any concurrent agreement with the
District relating to the commitment; until such time as the appli-
cant has discharged those requirements, the Board may withdraw the
commitment to provide service without notice or hearing to the
applicant.
Section 7: Any formal commitment by the Board to pro-
vide service is premised upon the nature of the particular project
involved and the criteria, then in effect, for providing service
to the particular project; in the event there is any material change
in the nature of the project or in the applicable criteria for ser-
vice to the project (though the project is not changed), the District
reserves the right to cancel the commitment for service; the deci-
sion reserved to the exclusive judgment and discretion of the Board
of Directors of the District.
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Section 8: Applicants shall be apprised of the policy
set forth herein pursuant to procedures established by the General
Manager, and, on request, shall be provided a copy of this Resolu-
tion on payment of the cost attendant thereto.
PASSED AND ADOPTED this 4th day of June, 1973, by the
following roll call vote:
AYES: Directors Dotton, Dow, Mahr,
and Blanchard
NOES: Directors Vanderbeck
ABSTAIN: Directors None
ABSENT: Directors None
of Directors, San Marcos County
Water District
ATTEST:
~ty Water District
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