HomeMy WebLinkAbout1980-01-16; Municipal Water District; Resolution 395RESOLUTION NO. 395
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RESOLUTION OF THE BOARD OF DIRECTORS
OF COSTA REAL MUNICIPAL WATER DISTRICT
IN OPPOSITION TO APPLICATION OF
CITY OF CARLSBAD
TO CREATE A SUBSIDIARY DISTRICT OF
COSTA REAL MUNICIPAL WATER DISTRICT
WHEREAS, CITY OF CARLSBAD has instituted the proceedings
to file an application with the LOCAL AGENCY FORMATION COMMISSION
to create a subsidiary District of COSTA REAL MUNICIPAL WATER
DISTRICT; and
WHEREAS, the application of CITY OF CARLSBAD basically uses
as its justification for the application to the LOCAL AGENCY FOR-
MATION COMMISSION a report authorized by the City Council of the
CITY OF CARLSBAD, prepared by Ralph Andersen and Associates, dated
September, 1979, and entitled "WATER SERVICE IN THE CARLSBAD AREA",
hereinafter for convenience referred to as the "ANDERSEN REPORT";
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and
WHEREAS, the COSTA REAL MUNICIPAL WATER DISTRICT has re-
viewed the ANDERSEN REPORT and the application of the CITY OF
CARLSEAD for the formation of a Subsidiary District of COSTA REAL
MUNICIPAL WATER DISTRICT and finds that the ANDERSEN REPORT and
the application of CITY OF CARLSBAD to the LOCAL AGENCY FORMATION
COMMISSION are insufficient on the following points:
a.
b.
C.
The CITY OF CARLSBAD has failed to demonstrate a
need for the proposed action.
The CITY OF CARLSBAD has failed to demonstrate
any significant savings to the water consumer
and resident of the CITY OF CARLSBAD as a result
of the proposed action.
The CITY OF CARLSBAD has failed to demonstrate
that there will be a more efficiently operated
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water system as a result of the proposed con-
solidated water service operation.
d. The CITY OF CARLSBAD has failed to demonstrate
that there is any economy as a result of the
proposed consolidated water service operation.
e. The CITY OF CARLSBAD has failed to demonstrate
that political accountability would be improved
by the proposed action.
f. The CITY OF CARLSBAD has failed to demonstrate
that the proposed action would improve integra-
tion of land use planning and control with the
planning and development of water service systems.
g. The CITY OF CARLSBAD has failed to demonstrate
that the proposed action would afford the CITY OF
CARLSBAD better control of premature development
of undeveloped land or premature conversion of
economically productive agricultural land by the
extension of water service prior to need.
h. The CITY OF CARLSBAD has failed to address the
situation of other water agencies now located
within the city limits of the CITY OF CARLSBAD
which are not incorporated in the proposed action.
i. The CITY OF CARLSBAD has failed to consider any
alternatives to its proposed action.
j. The CITY OF CARLSBAD has failed to demonstrate
that it has attempted to accomplish the purposes
for the proposed action with any inter-agency
agreements with existing agencies.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF COSTA REAL MUNI-
CIPAL WATER DISTRICT DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS:
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1. The application of CITY OF CARLSBAD to LOCAL AGENCY
FORMATION COMMISSION to create a Subsidiary District of COSTA
REAL MUNICIPAL WATER DISTRICT does not comply with the terms and
conditions of Section 56403 of the Government Code of the State
of California.
2. The said application does not adequately apply all of
the relevant factors to be considered, as set forth in Section
54796, Government Code of the State of California.
3. That the said application of CITY OF CARLSBAD presents
no alternatives.
4. That the said application of CITY OF CARLSBAD is of no
benefit to the water consumers and residents of the CITY OF CARLS-
BAD.
5. That the proposed action will deprive many of the water
consumers, taxpayers and voters of COSTA REAL MUNICIPAL WATER
DISTRICT of the right to vote on water related matters.
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6. That the cost of said application and proceedings con-
nected therewith is an unwarranted expenditure of taxpayers'
funds.
7. That the Board of Directors of COSTA REAL MUNICIPAL
WATER DISTRICT objects to the application of CITY OF CARLSBAD to
create a Subsidiary District of COSTA REAL MUNICIPAL WATER DIS-
TRICT.
PASSED, APPROVED AND ADOPTED this 16th day of January,
1980.
.-------y; ks, DONALD A. MacLEOD
President of the Board of Directors
of COSTA REAL MUNICIPAL WATER DISTRICT
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ATTEST :
Secret ry of Xfh& Board of Directors of COS 4 A REAL MUNICIPAL WATER DISTRICT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO )
) ss.
- I, MARGARET J. BONAS, Secretary of the COSTA REAL MUNICIPAL
WATER DISTRICT and of the Board of Directors thereof, do hereby
certify that the foregoing Resolution was duly adopted by the
Board of Directors of said District at a regular meeting of the
said Board held on the 16th day of January, 1980, and that it was
adopted by the following vote:
AYES : Directors: BONAS, ENGELMANN,
MacLEOD and MAERKLE
NOES : Directors: None
ABSTAIN : Directors: KELLY
ABSENT : Directors: None
SecreGry of the Board of Directors
of COSTA REAL MUNICIPAL WATER DISTRICT
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