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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. -2- 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. -3- 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 -4-