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HomeMy WebLinkAbout1970-09-16; Municipal Water District; Resolution 256RESOLUTION NO. 256 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ESTABLISHING A PRIMARY DISTRIBUTION AREA FOR THE CITY OF CARLSBAD IN AC- CORDANCE WITH ORDINANCE NO. 26, CARLSBAD MUNICIPAL WATER DISTRICT . WHEREAS, the Board of Directors of Carlsbad Municipal Water District adopted Ordinance No. 26 of CARLSBAD MUNICIPAL WATER DISTRICT on May 15, 1968; and WHEREAS, said Ordinance No. 26 provides in part that a Wholesale connections shall be granted to serve a municipal corporation, which is prepared to serve water to all potential customers within a primary distribution area as established in the master water distribution system of the District; and WHEREAS, investigation has revealed that CITY OF CARLSBAD, as successor to Carlsbad Mutual Water Company and Terramar Water Company, has never submitted a primary distribution area for CITY OF CARLSBAD, for its wholesale service of water from CARLS- BAD MUNICIPAL WATER DISTRICT: and - WHEREAS, the Board of Directors of Carlsbad Municipal Water District have never approved a primary distribution area for CITY OF CARLSBAD for its wholesale service of water frcin CARLSBAD MUNICIPAL WATER DISTRICT: and WHEREAS, it is deemed to be to the best interests of CARLS- BAD MUNICIPAL WATER DISTRICT and the inhabitants thereof for such a primary distribution area to be established: and WHEREAS, after careful investigation and study, the general F manager of CARLSBAD MUNICIPAL WATER DISTRICT has submitted a re- port to the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT recommending a primary distribution area for CITY OF CARLSBAD, for its wholesale service of water from CARLSBAD MUNICIPAL WATER DISTRICT: and WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT adopted Resolution No. 251 and in said Resolution, did fix Wednesday, the 15th day of July, 1970, at the hour of 2:OO o'clock P.M., at the Board Room of the CARLSBAD MUNICIPAL WATER -1- District, as the time and place for a public hearing for any in- terested persons to present any evidence for the consideration of the Board of Directors of the CARLSBAD MUNICIPAL WATER DISTRICT in establishing the primary distribution area for the CITY OF CARLSBAD for its wholesale service of water from CARLSBAD MUNI- CIPAL WATER DISTRICT: and WHEREAS, the Secretary of the CARLSBAD MUNICIPAL WATER DISTRICT gave notice of said hearing by publication of notice of said hearing and the Affidavit of Publication is on file with the Secretary, and the Secretary of the CARLSBAD MUNICIPAL WATER DISTRICT caused notice by mail of such hearing to representatives of the CITY OF CARLSBAD: and WHEREAS, at the time and place fixed for the said hearing, testimony and evidence was presented for consideration of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT: and WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT have carefully reviewed and studied all of the testimony and evidence. NOW, THEREFORE, THE BOARD OF DIRECTORS OF CARLSBAD MUNI- CIPAL WATER DISTRICT, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT does hereby fix, determine and set the primary distri- bution area for the CITY OF CARLSBAD for its service of water from CARLSBAD MUNICIPAL WATER DISTRICT, as set forth on the map attached hereto and incorporated by reference, in accordance with Ordinance No. 26 of the CARLSBAD MUNICIPAL WATER DISTRICT and pursuant to the hearing connected therewith and the evidence presented thereon. 2. The Board of Directors of CARLSBAD MUNICIPAL WATER c DISTRICT does further determine that CITY OF CARLSBAD shall be entitled to retail water sales with the said primary distribution area. -2- 3. The Secretary of CARLSBAD MUNICIPAL WATER DISTRICT is authorized and directed to furnish certified copies of this Resolution to the following agencies: - CITY OF CARLSBAD CITY OF OCEANSIDE LOCAL AGENCY FORMATION COMMISSION OF SAN DIEGO COUNTY SAN DIEGO COUNTY WATER AUTHORITY SAN DIEGO COUNTY COMPREHENSIVE PLANNING ORGANIZATION DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ADOPTED, SIGNED AND APPROVED this 16th day of September, 1970. 55Z2tw FRED W,’ ERKLE ATTES T : President of//Carlsbad Municipal Water District and of the Board of Directors thereof. Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -3- -, -- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss I, WILLIAM D. CARMICHAEL, Secretary of the Board of Di- rectors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, at a regular meeting of said Board held on the 16th day of September, 1970, and that it was so adopted by the following vote: AYES : Directors: CARMICHAEL, KELLY, McLEOD, MAERKLE and PALMER NOES : Directors : None ABSENT: Directors : None Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -4- DECLARATION OF SERVICE BY MAIL I, the undersigned, say: I am a citizen of the United States, over eighteen (18) years of age, resident and employed in the County of San Diego, State of California, in which county the within-mentioned mailing occurred, and not a party to the subject cause or pro- ceeding. My business address is 2965 Roosevelt Street, Carlsbad, California. I served a certified copy of Resolution No. 256, of Carlsbad Municipal Water District, by placing a copy thereof in a separate envelope for each addressee named in Exhibit "A", attached hereto and incorporated herein by reference, addressed to each such addressee respectively at the address shown in Exhibit "A" . Each envelope was then sealed and with the postage thereon fully prepaid deposited in the United States mail by me at Carls- bad, California, on October 5, 1970. There is a delivery service by United States mail at each place so addressed or regular com- munication by United States mail between the place of mailing and each place so addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 5, 1970, at Carlsbad, California. EXHIB I T "A I' 1. City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 2. City of Oceanside 706 Third Street Oceanside, California 92054 3. Mr. Robert L. Small, Executive Officer Local Agency Formation Commission 1600 Pacific Highway San Diego, California 92101 4. San Diego County Water Authority 2750 Fourth Avenue San Diego, California 92100 5. Mr. Richard J. Huff, Executive Director San Diego County Comprehensive Planning Organization 207 County Administration Center 1600 Pacific Highway San Diego, California 92101 6. Department of Housing and Urban Development 450 Golden Gate Avenue Box 36003 San Francisco, California 94102 EXHIBIT "A"