Reso 0398-07/1975 RESOLUTION NO. 398
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT ORDERING
THE ANNEXATION OF CERTAIN PROPERTY INTO THE
SAN MARCOS COUNTY WATER DISTRICT AND IMPROVE-
MENT DISTRICTS 5, 6 and "A" FOR SEWER SERVICE
[MORLEY 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 June 25, 1975; and
WHEREAS, the Executive Officer of the Local Agency
Formation 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 examina-
tion, as provided in Government Code Section 56150 through 56162,
inclusive; 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 annexa-
tion and inclusion herein and above referred to were genuine and
sufficient and in all respects complied with the District Reorganiza-
tion Act of 1965, beginning with Section 56000 of the Government Code
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Resolution No. 398
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 Marcod 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 said annexation are as
follows:
Section 2.1 The annexation is for sewer (not water)
service.
Section 2.2 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
bonds of the San Marcos County Water District and the levying and
collection of taxes in the territory necessary to provice for such
payment; specifically excluding liability for water service bonds.
Section 2.3 Annexation of the territory to existing
Improvement Districts Nos. 5, 6 and "A" of the San Marcos County Water
District.
Section 2.4 Payment by petitioners of the sum of
$265.00 to cover costs of annexation, which include attorney's fees,
publication, filing fees and miscellaneous costs of annexation.
Section 2.5 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 pro-
perty of the District.
Section 2.6 Payment by petitioners of the sum of
$25.00 per acre or fraction thereof for annexation into Improvement
Districts Nos. 5, 6 and "A" (together, not individually) for the use
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Resolution No. 398
or right of use of the existing property in the Improvement Districts.
Section 3. This resolution shall become effective
immediately upon its final passage.
Section 3.1 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 Foramtion Commission
adopted July 7, 1975.
Section 3.2 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 of the
area to be assessed.
PASSED AND ADOPTED this 21st day of July, 1975, by the
following roll call vote:
AYES: Directors: Dutton, Vanderbeck, Dow, Blanchard
NOES: Directors: Mahr
ABSTAIN: Directors: None
ABSENT: Directors: None
Preside~of the Board of Directors
of San Marcos County Water District
ATTEST:
an Marcos County