Reso 0402-04/1976 RESOLUTION NO. 402
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT DECLARING
ITS INTENTION TO ORDER THE ACQUISITION OF
CERTAIN PROPERTY AND THE CONSTURCTION OF
CERTAIN IMPROVEMENTS AND TO FORM ASSESSMENT
DISTRICT NO. 75-1
[North Twin Oaks]
WHEREAS, the Board of Directors of the San Marcos
County Water District proposes to take proceedings 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 (herein referred to as the "Act"), for the acquisition
of certain property and the construction of certain waterworks
system improvements, appurtenances, and all appurtenant work in
connection therewith in certain streets, alleys, and other public
easements (herein referred to as the "improvements"); and
WHEREAS, it appears to the Board that an assessment
district should be formed to finance the acquisition of property
and the installation of said improvements under the provisions of
the Act; and
WHEREAS, the proposed boundaries of such assessment
district are shown on a map thereof which indicates by a boundary
line the extent of the territory proposed to be included in such
assessment district, which map is designated "Map Showing Proposed
Boundaries of Assessment District No. 75-1" (herein referred to as
the "Map"), has been presented to the Board for approval and is on
file in the office of the Secretary; and
WHEREAS, the firm known as Neste, Brudin & Stone, Inc.,
(herein referred to as the "Engineer") is competent to make and file
with the Secretary the report with regard to the improvements, which
report is required by the Act to be made and filed; and
WHEREAS, before ordering the improvements the Board
of Directors is required under the Act to adopt a resolution declaring
its intention to do so;
-1-
Resolution No. 402
NOW, THEREFORE, the Board of Directors of the San
Marcos County Water District DOES HEREBY RESOLVE, DETERMINE AND
ORDER as follows:
SECTION 1. This Board of Directors hereby finds and
declares that the public interest and necessity require the acquisi-
tion of certain property and the construction of certain waterworks
system improvements, appurtenances, and all appurtenant work in
connection therewith in certain streets, alleys and other public
easements as hereinafter described; and this Board of Directors
hereby declares its intention to order the improvements and to form
an assessment district covering the real property benefited by said
improvements.
SECTION 2. The number of the proposed assessment
district shall be No. 75-1 and such district shall be designated
"ASSESSMENT DISTRICT NO. 75-1."
SECTION 3. The Map, which indicates by a boundary line
the extent of the territory included in ~said proposed assessment
district, is hereby declared to describe the proposed boundaries of
Assessment District No. 75-1, and shall govern for all details as
to the extent of said assessment district.
SECTION 4. The Secretary of the Board of Directors
is hereby directed to endorse his certificate on the original of
the Map evidencing the date and adoption of this resolution, and to
file said Map in his office, and forthwith to file a copy of said
Map so endorsed with the County Recorder of San Diego County, California.
SECTION 5. The improvements which the Board of Directors
intends to order are the acquisition of certain property and the con-
struction of certain waterworks system improvements, appurtenances,
and all appurtenant work in connection therewith in certain streets,
alleys, and other public easements as follows:
(a) Approximately forty eight thousand (48,000) feet
of water line ranging from 8" to 18" in diameter;
-2-
Resolution No. 402
(b) Two (2) Reservoirs, each with a minimum
storage capacity of 1.25 million gallons;
(c) One Pump Station, including controls,
appurtenances and multiple pumps; and
(d) All easements and rights-of-way necessary
and convenient for the construction and
operation of said improvements.
(e) The general location of said proposed im-
provements is as shown on a map entitled
"Map Showing Proposed Improvements of
Assessment District 75-1," a copy of
which is attached hereto as Exhibit "A".
SECTION 6. An assessment will be levied pursuant to
the Act upon all property in the said Assessment District No. 75-1
subject to assessments under the Act to pay the costs and expenses
of the aforesaid improvements.
SECTION 7. Serial bonds, bearing interest at a rate
not to exceed eight percent (8%) per annum, shall be issued to
reporesent each assessment remaining unpaid after thirty (30) days
from the date of recording the assessment in the office of the Super-
intendent of Streets. The last installment of such bonds shall
mature not later than twenty-four (24) years from the second day of
July next succeeding then (10) months from their date. Said bonds
shall be issued under and as provided in the Improvement Bond Act of
1915, Division 10 of the Streets and Highways Code of the State of
California.
SECTION 8. Any surplus remaining in the improvement
fund after the completion of said improvements shall be used as a
credit upon the assessment and any supplemental assessment in the
manner provided in the Act.
-3-
Resolution No. 402
SECTION 9. The improvements hereby are referred to
the Engineer who is requested and directed hereby to make and file
with the Secretary a report in writing with regard to the improve-
ments, which report shall meet the requirements of Section 10204
of the Act, and shall contain the following;
(a) Plans and specifications for the improve-
ments;
(b) A general description of works or appliances
already installed and any other property
necessary or convenient for the operation
of the improvement, if the works, appliances,
or property are to be acquired as part of
the improvement;
(c) An estimate of the Cost of the improvements,
and the cost of land, rights-of-way, easements,
and incidental expenses in connection with the
improvements;
(d) A diagram showing the assessment district,
and the boundaries and dimensions of the
subdivisions of land within the assessment
district as they existed at the time of
passage of this resolution (each subdivision
to be given a separate number on the diagram);
and
(e) A proposed assessment of the total amount of
the cost and expenses of the improvement upon
the several subdivisions of land in the assess-
ment district in direct proportion to the
estimated benefits to be received by such
subdivisions, respectively, from the improve-
ments (the assessment shall refer to the
subdivisions by their respective numbers
assigned as provided in (d) above).
-4-
Resolution No. 402
SECTION 10. Pursuant to the provisions of the
authority granted by the Act, the Board of Directors does hereby
determine and declare that in its opinion the public interest will
not be served by allowing the property owners to take any contract
to be let under this proceeding and the property owners will not
be allowed or permitted to take such contract.
PASSED AND ADOPTED this 5th day of April
197~, by the following roll call vote:
AYES: Directors: Michel, Vanderbeck, Mahr, Blanchard
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: Dow
of San "~~~rcos County Water District
ATTEST:
Water
-5-