Reso 0430-07/1976 RESOLUTION NO. 430
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE SAN MARCOS COUNTY WATER DIS-
TRICT, MAKING DETERMINATIONS, CONFIRM-
ING ASSESSMENTS AND PROCEEDINGS, AND
ORDERING PROPOSED IMPROVEMENTS IN THE
MATTER OF
Assessment District No. 75-1 (North Twin Oaks)
WHEREAS, this Board of Directors has by its Resolution
No. 402 declared its intention to order the acquisition and
construction of certain waterworks system improvements and
appurtenances and all appurtenant work, and to form Assessment
District No. 75-1, (North Twin Oaks), 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, this Board of Directors has received a petition
signed by all of the owners of more than sixty percent (60%)
in area of the property subject to assessment for said improve-
ments and filed with the Secretary requesting institution of
proceedings under the Improvement Act of 1913 and expressly
waiving the proceedings required and limitations under the
Special Assessment Investigation, Limitation and Majority Protest
Act of 1931, and no further steps or proceedings under said
"Special Assessment Investigation, Limitation and Majority
Protest Act of 1931" were required and none were taken; and
WHEREAS, by Resolution No. 420, this Board of Directors
has approved a Report 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. 420 this Board of Directors
fixed July 7, 1976, at the hour of 3:30 o'clock p.m. at the
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meeting place of said Board of Directors, 788 San Marcos Boule-
vard, 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 said District has given the
notices of the passage of the Resolution of Intention, Resolution
No. 402, 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 requirements of the Act for publishing,
posting and mailing of said notices; and
WHEREAS, at the time and place stated in said notices, a
hearing was duly held by this Board of Directors at which meeting
said Report was duly presented and considered, and all persons
appearing at said hearing and desiring to be heard in the matter
of said Report were heard and said hearing was ordered continued
to July 28, 1976 at 3:00 o'clock p.m. at the meeting place of
this Board of Directors; and
WHEREAS, by Resolution No. 426, this Board of Directors
directed the Engineer of Work to make certain changes in said
Report, which changes increased the amount of the assessments
proposed to be levied upon certain parties, all as set forth in
said Resolution No. 426, and fixed July 28, 1976 at 3:00 o'clock
p.m. at the meeting place of said Board of Directors as the time
and place for hearing objections to said changes in assessments;
and
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WHEREAS, the Secretary of said District has given the
notices of the passage of Resolution No. 426 as required by
Sections 10353 and 10354 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 requirements of the Act for publishing
and mailing of said notices; and
WHEREAS, at the time and place stated in said notices, a
hearing was duly held by this Board of Directors at which meeting
said Report, as amended, was duly presented 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, as amended, and proceed-
ings 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 hearings have been duly held, and each and
every step in the proceedings prior to and including the hearings
has been duly and regularly taken. This Board of Directors is
satisfied with the correctness of said amended Report, including
the assessment and diagram, the proceedings and all matters
relating thereto; and all protests, objections or appeals be
and the same are hereby overruled and denied. This Board of
Directors does hereby confirm the proceedings and said assess-
ment.
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SECTION 2. This Board of Directors does hereby determine
that no further steps or proceedings under the Special Assess-
ment Investigation, Limitation and Majority Protest Act of 1931
are required and none shall be taken.
SECTION 3. This Board of Directors orders the proposed
improvement to be made in accordance with said amended Report
and these proceedings.
SECTION 4. This Board of Directors does hereby determine
that the Report referred to in the recitals hereof and approved
by the Board of Directors by its Resolution No. 420, as amended
in the manner and to the extent set forth in Exhibit "A" hereto,
which exhibit is incorporated herein by this reference as though
set forth at length, and that the amount of the assessment shown
in said amended Report, i.e., $2,945,000.00, should be confirmed
and said assessment is hereby confirmed and fixed in the amount
of $2,945,000.00.
SECTION 5. 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 amended Report
are hereby approved and confirmed, and the Secretary of the Dis-
trict is hereby directed to endorse the fact and date of such
approval of said Report.
SECTION 6. 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 shall record a Notice of Assessment and
give notice of the recordation of said assessment as required
by Sections 3114, 10401 and 10402.5 of said Code.
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EXHIBIT "A"
REPORT UNDER RESOLUTION OF INTENTION
ASSESSMENT DISTRICT NO. 75-1
(NORTH TWIN OAKS)
SAN MARCOS COUNTY WATER DISTRICT
SAN DIEGO COUNTY, CALIFORNIA
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, and in accordance with the order of the Board
of Directors of said San Marcos County Water District, adopted on
the 5th day of April, 1976, we submit herewith the following report
containing all of the information required by Section 10204 of the
Streets and Highways Code.
This report, consisting of five parts, is as follows:
PART I
The plans and specifications for the proposed improvement,
filed herewith and made a part hereof.
PART II
The itemized estimated cost of the proposed improvements,
including the estimated cost of acquisition of required easements
and rights-of-ways, and including incidental expenses in connection
with such acquisition and such proposed improvements, is set forth
on the lists thereof attached hereto.
PART III
An assessment diagram showing the assessment district and the
boundaries and dimensions of the respective subdivisions of land
within said district as the same existed at the time of the passage
of the Resolution of Intention is filed herewith and made a part
hereof.
PART IV
The proposed assessment of the total amount of the cost and
expenses of the proposed acquisition and improvements, including
incidental expenses, upon the several subdivisions of land in said
district, in proportion to the estimated benefits to be received by
said subdivisions, respectively, from said improvement is set forth
upon the assessment roll filed herewith and made part hereof.
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Report Under Resolution of Intention
PART V
A description of the works of improvement and all rights-of-
way and easements to be acquired under these proceedings and assess-
ment criteria is filed herewith and made part hereof.
Dated: May 3, 1976 NESTE, BRUDIN & STONE, INC.
By
Raymond V. Stone, Jr.
Engineer of Work
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SECTION 7. Notice of recordation of the assessment shall
be published in the SAN MARCOS OUTLOOK, pursuant to Section 10404
of the Streets and Highways Code; said newspaper being selected
for that purpose pursuant to Section 6066 of the Government
Code; and notice of the recordation of assessment shall be given
by mail pursuant to said Section 10404 as provided in subdivision
(a) of Section 5070 of the Streets and Highways Code.
ADOPTED, SIGNED AND APPROVED this 28th day of July, 1976.
President of the Board of Directors
SAN MARCOS COUNTY WATER DISTRICT
(SEAL)
ATTEST:
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