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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 -1- 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 -2- 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. -3- 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. -4- 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. -1- 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 -2- 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: -5-