Reso 0429-07/1976 RESOLUTION N0. 429
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN
MARCOS COUNTY WATER DISTRICT ORDERING THE ANNEXATION
OF CERTAIN PROPERTIES INTO THE SAN MARCOS COUNTY
WATER DISTRICT AND INTO IMPROVEMENT DISTRICTS 1,2,6
AND "A" [BYRON WHITE ANNEXATION]
WHEREAS, a petition for the annexation to the San Marcos
County Water District was filed with the Executive Officer of the
Local Agency Formation Commission of the County of San Diego on
April 16, 1976; and
WHEREAS, the Executive Officer of the Local Agency Forma-
tion Commission has examined the petition and determined that it is
signed by the requisite number of signers, and has attached his
certificate to the petition showing the results of his examination,
as provided in Government Code Section 56150 through 56162, inclusive;
and
WHEREAS, the Board Certifies, pursuant to Section 15064
of the State EIR Guidelines, that it has reviewed and considered the
information contained in EIR 75-7, dated May 27, 1975, adopted by the
City of San Marcos, furthermore the Board finds that the said EIR is
adequate; and
WHEREAS, the land described in said petition is the land
hereinafter described in this Resolution, and the owners of the land
have given their written consent to said annexation; and
WHEREAS, the owners of the land described in this resolution
have advanced to the Secretary of the San Marcos County Water District
the costs of this annexation, including, but not limited to, advertising
engineering and attorney's fees; and
WHEREAS, the inclusion of said land will be for the best
interest of the District; and
WHEREAS, the inclusion of said land will be for the best
interest of the land, and the owners thereof consent to the inclusion
of said land in the District; and
WHEREAS, the Board of Directors determines that all of the
land described in said petition and hereinafter described shall be
included in the District; that the proceedings had for the annexation
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and inclusion herein and above referred to were genuine and sufficient
and in all respects complied with the District Reorganization Act of
1965, beginning with Section 56000 of the Government Code of the State
of California.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE SAN MARCOS COUNTY WATER DISTRICT, as follows:
Section 1. The Board of Directors of the San Marcos County
Water District does hereby order the annexation of all of the land
described in the petition above referred to; Exhibit "A" attached
hereto and incorporated herein is the legal description of the land
included within the San Marcos County Water District pursuant to this
resolution and the proceedings above referred to, which said descrip-
tion is sufficient to identify this land.
Section 2. The conditions of annexation are as follows:
Section 2.1 The annexation of Parcel I is for water service
only.
Section 2.2 The assumption by the territory of liability
for payment of a proportionate share of all principal and interest
which shall become due on account of all outstanding bonds of the San
Marcos County Water District and the levying and collection of taxes
in the territory necessary to provide for payment.
Section 2.3 Payment by petitioners of the sum of $615.00
to cover the costs of annexation, which include engineering costs,
attorneys fees, publication and miscellaneous costs of annexation.
Section 2.4 Payment by petitioners of the sum of $25.00
per acre or fraction thereof for annexation of the territory into the
District for the use or right of use of the existing property of the
District.
Section 3. The annexation of Parcel II is for sewer
(not water) service.
Section 3.1 The assumption of the territory of liability
for payment of a proportionate share of all principal and interest
which shall become due on account of all outstanding sewer service
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Resolution No. 429
bonds of the San Marcos County Water District and the levying and
collection of taxes in the territory necessary to provide for such
payment; specifically excluding liability for water service bonds.
Section 3.2 Annexation of the territory to existing
Improvement Districts Nos. 1,2,6 and "A" of the San Marcos County
Water District.
Section 3.3 Payment by petitioners of the sum of $25.00
per acre or fraction thereof for annexation of the territory into
the District.
Section 3.4 Payment by petitioners of the sum of $25.00
per acre or fraction thereof for annexation into Improvement Districts
Nos. 1,2,6 and "A" (together, not individually) for the use or right
of use of the existing property in the Improvement Districts.
Section 3.5 This resolution shall become effective immed-
iately upon its final passage.
Section 3.6 This resolution is adopted pursuant to Section
56322 of the Government Code of the State of California and pursuant
to the resolution of the Local Agency Formation Commission adopted
May 3, 1976.
Section 3.7 This resolution is adopted without notice or
hearing and without an election being conducted in said territory all
in accordance with Section 56322 of the Government Code of the State
of California, and the resolution of the Local Agency Formation
Commission as aforesaid.
Section 4. The Secretary of this District shall comply
with the provisions of the Government Code Section 56450 through
Section 56457, and shall file with the Secretary of State and with
the County Recorder of San Diego County, certified copies of this
resolution and certificates stating that this resolution is effective.
The Secretary of this District shall further comply with the provisions
of the Government Code Section 54900, et seq., by filing with the
State Board of Equalization and with the County Assessor of San Diego
County statements of change of boundary together with a map or plat
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of the area to be assessed.
PASSED AND ADOPTED this 19th day of July 1976, by the
following roll call vote:
AYES: Directors: Michel, Vanderbeck, Dow, Blanchard
NOES: Directors: Mahr
ABSTAIN: Directors: None
ABSENT: Directors: None
l f~/X-~{ D
President o the Board of Directors
of San Marcos County Water District
ATTEST:
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