HomeMy WebLinkAbout1983-10-11; City Council; 7521; Water Service Agreement1 .
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CIT\-JF CARLSBAD - AGEND/ --‘IILL
4B# 75-2 / TITLE: MTG 10-11-83 SUPPLEMENT NO. 1 TO WATER SERVICE . AGREEMENT BETWEEN CITY AND CRMWD PROVIDING
DEPT.... FOR THE COLLECTION BY THE CITY OF THE I DISTRICT S MAJOR FACIJ,ITY FEE
RECOMMENDED ACTION:
If the City Council concurs your action is to adopt Resoultion
No. 7369
ITEM EXPLANATION:
On May 25, 1983, the city and the district entered into an agreement which assigned the responsibility of maintaining and constructing major water distribution systems within the city to the district. The district was also charged with the responsibility of financing these projects from funds deposited into the "Capital Development Fund". In an effort to guarantee a financing source for these facilities, the district adopted the major facility fee which is similar in concept to our sewer connection fee based on the number of EDU's for each project connecting to the system. This fee has been set at $300 per EDU by board action July 20, 1983. Any project connecting to the Carlsbad water systems (city or district) will be required to pay/this fee.
The agreement before the council allows the city to collect this fee for the water district at the time building permits are taken out. Similar agreements were entered into for school fee collections in the recent past. This agreement requires that the city pay all fees collected to the district monthly by the 15th of each month. The agreement also allows the council and board to modify the agreement at any time.
FISCAL IMPACT:
The city will experience some minor administrative costs in the collection of this fee. These costs should be offset, however, by interest earned on fees collected during the month. Similar arrangements have been made with the school district where interest earnings are expected to offset administrative costs.
EXHIBITS:
1. Resolution No. 73~9 , and agreement for collection of Major Facilities Fees.
2. CRMWD Resolution No. 439
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RESOLUTION NO. 7369
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A FIRST SUPPLEMENT TO THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT FOR THE COLLECTION BY THE CITY OF THE DISTRICT'S MAJOR FACILITIES FEES.
WHEREAS, the City of Carlsbad and Costa Real Municipal
Water District have reached agreement regarding supplement number
1 to the water service agreement which provides for the
collection by the City of the District's major facilities fee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1 . That the first supplement to the basic agreement
between the City of Carlsbad and Costa Real Municipal Water
District for the collection by the City of the District's major
facilities fee marked Exhibit A attached hereto and made a part
hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
adjourned PASSED, APPROVED AND ADOPTED at a/regular meeting of the
City Council of the City of Carlsbad,California, held on the
11th day of October 9 1983 by the following vote, to wit:
AYES: Council Mesnbers Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None .I
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ATTEST: MARY H.JCASLER, Mayor
ALETHA L. RAU?ENKRANZ, City Cl)rk
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SUPPLEMENT NO. 1 TO WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT TO PROVIDE FOR THE COLLECTION BY THE CITY ON BEHALF OF THE DISTRICT OF THE DISTRICT'S MAJOR FACILITIES CHARGE AND DIRECT CONNECTION SURCHARGE
This agreement made and entered into by and between CITY OF
CARLSRAD ("CITY") and COSTA REAL MUNICIPAL WATER DISTRICT ("DISTRICT").
Recitals:
1. CITY and DISTRICT have previously entered into a Water
Service Agreement, executed on May 25, 1983, providing for the alloca-
tion of functional responsibilities for the provision of water serv-
ice within the DISTRICT, said Agreement for convenience hereinafter
referred to as "AGREEMENT".
2. Section 9 of the AGREEMENT provides, in part, that "the
DISTRICT will be responsible for the planning, financing and construc-
tion of all major capital facilities necessary to provide potable
water service within the DISTRICT."
3. Section 9 of the AGREEMENT also provides, in part, that
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"A capital development fund shall be established, to be administered
by the DISTRICT with input from the CITY and to be used for such cap-
ital facilities."
4. To carry out the provisions of the AGREEMENT, the DISTRICT
established a capital development fund by Resolution No. 439, duly
adopted by the Board of Directors of the DISTRICT at a regular meeting
of the Board of Directors of the DISTRICT held on July 20, 1983.
5. Section 9 of the AGREEMENT also provides, in part, that
connection fees or major facilities charges collected by the CITY on
behalf of the DISTRICT shall also be deposited in the capital develop-
ment fund.
6. By Resolution No. 439, duly adopted by the Board of Direc-
tors of the DISTRICT at a regular meeting of the Board of Directors of
the DISTRICT held on July 20, 1983, the DISTRICT established a Major
Facilities Charge and a Direct Connection Surcharge to be applied to
any new water service or altered water service requirement within the
boundaries of the DISTRICT, under terms and conditions set forth in
said Resolution No. 439.
7. DISTRICT determined that the most feasible time for col-
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letting any Major Facilities Charges or Direct Connection Surcharges
would be at the time of issuing a building permit, which is issued by
the CITY.
8. As a result of the determination, DISTRICT has requested
CITY to collect any Major Facilities Charges or Direct Connection Sur-
charges for the DISTRICT at the time that the CITY issues a building
permit for a project requiring new water service or altered water ser-
vice requirement within the boundaries of the DISTRICT.
9. CITY is willing to collect any Major Facilities Charges
or Direct Connection Surcharges for the DISTRICT under certain terms
and conditions.
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, CITY and DISTRICT agree as follows:
1. CITY will use its best efforts to collect on behalf of the
DISTRICT the Major Facilities Charge or Direct Connection Surcharge as
established by the DISTRICT in accordance with Resolution No. 439 of
DISTRICT. However, the CITY shall incur no liability to DISTRICT for
CITY's failure to collect any Major Facilities Charge or Direct Con-
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nection Surcharge on behalf of the DISTRICT in accordance with the
terms and conditions of Resolution No. 439 of the DISTRICT.
The charges will be collected by the CITY at the time of issu-
ance of a building permit.
2. All charges collected by the CITY pursuant to this Agree--
ment will be held by the CITY in a separate trust account on behalf
of the DISTRICT.
3. CITY shall disburse to the DISTRICT, not later than the
fifteenth (15th) day of each calendar month, for deposit into the cap-
ital development fund of DISTRICT, all charges collected by the CITY
on behalf of the DISTRICT for the preceding month.
4. CITY shall have the right to review the records of the
capital development fund of the DISTRICT at any time.
5. DISTRICT shall have the right to review the separate trust
account of the CITY on behalf of the DISTRICT at any time.
6. This Agreement may be amended at any time by the mutual
agreement of the parties and such amendment shall become effective
only when reduced to writing and signed by the parties.
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This agreement is executed on the day of I
1983.
CITY OF CARLSBAD
BY d& . -
,fiARY H. CASLER / Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
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COSTA REAL MUNICIPAL WATER DISTRICT
By fdk'&-p-. N. M. ALMACK President
ATTEST:
Secretiljy
APPROVED AS TO FORM:
PAUL S. SWIRSKY General Legal Counsel
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RESOLUTlON NO. 4.39
A RESOLUTION OF THE HOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT ESTABLISHING A MAJOR FACILITIES CHARGE ' AND A DIRECT CONNECTION SURCHARGE
WHEREAS, the Board of Directors of COSTA REAL MUNICIPAL
WATER DISTRICT determined that it would be to the best interests of
the inhabitants of COSTA-REAL MUNICIPAL WATER DISTRICT and the citi-
zens of the.City of Carlsbad, located within COSTA REAL MUNICIPAL
WATER DISTRICT, to secure an independent study of a major facilities
financing plan and a water rate study for COSTA REAL MUNICIPAL WATER
DISTRICT: and
WHEREAS, the City Council of the City of Carlsbad also re-
quested said study; and
WHEREAS, after investigation and study, the Board of Direc-
tors of COSTA REAL MUNICIPAL WATER DISTRICT employed BARTLE WELLS AS-
SOCIATES, Municipal Financing Consultants, in October, 1982, to con-
duct such a study and to submit recommendations to the Board of Direc-
tors of COSTA REAL MUNICIPAL WATER DISTRICT: and
WfIEREAS, BARTLE WELLS ASSOCIATES, after a thorough study and
investigation, submitted their preliminary major water faciliti.es fi-
nancing plan and rate study entitled:
COSTA REAL MUNICIPAL WATER DISTRICT Major Water Facilities Financing Plan and Rate Study April, 1983
hereinafter referred to as "Preliminary Study": and
. WHEREAS, after review of the Preliminary Study by the Board
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of Directors'of COSTA REAL MUNICIPAL WATER DISTRICT, it was determined
by the Board of Directors of COSTA REAL MUNICIPAL WATER' DISTRICT that
the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT should
consider adopting some of the recommendations of BARTLE WELLS ASSOCI-
-ATES in reference to the establishment of a Major Facilities Charge
and a Direct Connection Surcharge: and
WHEREAS, the establishment of a Major Facilities Charge and
a Direct Connection Surcharge constituted the levying of a new ser-
vice charge; and
WHEREAS, on May 4, 1983, it was publicly announced at the
regular meeting of the Board of Directors of COSTA REAL MUNLCLPAL
WATER DISTRICT that the Preliminary Study of BARTLE WELLS ASSOCIA'I'ES
had been delivered to COSTA REAL MUNICIPAL WATER DISTRICT and that the
Board of Directors of COSTA REAL MIJNICIPAL WATER DISTRICT would con-
sider action on some of the recommendations of RARTLE WELLS ASSOCIATES
in reference to the establishment of a Major Facilities Charge and a
'Direct Connection Surcharge after a public hearing to consider the
comments of any persons wishing to comment on the matter: and
WHEREAS, on May 4, 1983, the Board of Directors of COSTA REAL
MUNICIPAL WATER DISTRICT adopted a schedule calling for a public hear-
ing on the recommendations of RARTLE WELLS ASSOCIATES in its Prelimi-
nary Study in reference to the establishment of a Major Facilities
Charge and Direct Connection' Surcharge at 2:00 o'clock P. M., Wednes-
day, June 1, 1983; and
WHEREAS, thereafter, the Secretary of the Board of Directors
of COSTA REAL MIJNICIPAL WATER DISTRICT did cause a legal publication
of a notice of public hearing to be published in the Carlsbad Journal, .
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a legal newspaper of general circulation within the boundaries of
COSTA REAL .MUNICIPAL WATER DISTRICT, on May 11, 1983; and
WHEREAS, thereafter, the Secretary of the Board of Directors
of COSTA REAL MUNICIPAL WATER DISTRICT did cause a notice of. public _
hearing to be mailed to all known interested parties, ,a copy of the
list of the addressees set forth in the-official records of the public
hearing; and
WHEREAS, the Preliminary Study was available for public re-
view at the office of COSTA REAL MUNICIPAL WATER DISTRICT from May 11,
1983 and thereafter; and
WHEREAS, on June 1, 1983, at 2:00 o'clock P. M., at a regular
meeting of the Board of Directors of COSTA REAL MUNICIPAL WATER .DIS-
TRICT, held at the office of COSTA REAL MUNICIPAL WATER DISTRICT at
5950 El Camino Real, Carlsbad, California, the Board of Directors of
COSTA REAL MUNICIPAL WATER DISTRICT conducted a public hearing in ref-
erence to the establishment of a Major Facilities Charge and a Direct
Connection Surcharge; and
WHEREAS, at the request of some parties interested in com-
menting on the matter, the said public hearing was continued until
June 15, 1983, at 2:00 o'clock P. M., at the office of COSTA REAL MU-
NICIPAL WATER DISTRICT: and .
WHEREAS, on June 15', 1983, at 2:00 o'clock P. M., at a regu-
lar meeting of the Board of Directors of COSTA REAL MUNICIPAL WATER
DISTRICT, held at the office of COSTA REAL MUNICIPAL WATER DISTRICT
at 59.50 El Camino Real, Carlsbad, California, the said public hearing
was continued, and all parties wishing to comment were afforded the
bpportunity to comment; and
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WHEREAS, all written communications received by COSTA REAL
MUNICIPAL WATER DISTRICT in reference to the establishment of a Major
Facilities Charge and a Direct Connection Surcharge were submitted and
set forth in the official records of the public hearing: and
WHEREAS, after completion of the testimony of comments of all
parties who desired to comment, the public hearing was declared closed .
and all evidence presented was taken under submission by the Board of
Directors of COSTA REAL MUNICIPAL WATER DISTRICT; and
WfjEREAS, BARTLE WELLS ASSOCIATES have now submitted their
final major water facilities plan and rate study entitled:
FINAL REPORT COS'I'A REAL MUNICIPAL WATER DISTRICT Major Water Facilities Plan and Rate Study June, 1983
hereinafter referred to as "Final Report"; and
WHEREAS, the recommendations of BARTLE WELLS ASSOCIATES in
the Final Report in reference to the Major Facilities Charge and c1
Direct Connection Surcharge are the same as in the Preliminary Study:
and
WHEREAS, the'Board of Directors of COSTA REAL MUNICIPAL WATER
DISTRICT has received written comments on the matter after the closing
of the public hearing and said written comments have been made a part
of the official records of the hearing on the matter; and
WHEREAS, after due deliberation and consideration of all of
the evidence presented to it, the Board of Directors of COSTA REAL
MUNICIPAL WATER DISTRICT deems it proper, necessary and to the best
interests of COSTA REAL MUNICIPAL WATER DISTRICT and the inhabitants
thereof to establish a Major Facilities Charge and a Direct Connection .
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Surcharge,
NOW, THEREFORE, THE HOARD OF DIRECTORS OF COSTA REAL MUNICIPAL
WATER DISTRICT DOES HERERY RESOLVE AND ORDER AS FOLLOWS:
1. The public interest, health and general welfare of the
COSTA REAL MUNICIPAL WATER DISTRICT and its inhabitants require the
acquisition and construction of water facilities and systems neces-
sary to service new and altered structures within the boundaries of
COSTA REAL MUNICIPAL WATER DISTRICT, and the public interest and econ-
omy require that, in order to provide funds for such purposes, there
be established certain connection charges to be paid by the owner or
owners of land upon which such structures are constructed or altered,
such connection charges to he known as "Major Facilities Charge" and
"Direct Connection Surcharge".
2. A Major Facilities Charge is hereby established under the
following terms and conditions:
a. In addition to all other charges established by
ordinances, resolutions and rules and regulations of
COSTA REAL MUNICIPAL WATER DISTRICT, there is hereby
established a connection charge, to be known as "Major
Facilities Charge", to be applied to any new water
service or altered water service requirement within
the boundaries of COSTA REAL MUNICIPAL WATER DISTRICT.
b. The Major Facilities Charge shall be an amount
per equivalent dwelling unit (EDU) as hereinafter iden-
tified. The amount of the Major Facilities Charge per
EDU shall be as follows:
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$ 300 per EDU August 1, 1983 through December 31, 1983
$ 400:per EDU January 1, 1984 through March 31, 1984
$ 600 per EDU April 1, 1984 through June 30, 1984
.$ 880 per EDU July 1, 1984 and there- after until changed by Resolution of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT
C. The Major Facilities Charge shall he payable at
the time of the issuance of a building permit and shall
be a condition precedent to connection to any water sys-
tem located within the boundaries of COSTA REAL MUNICI-
PAL WATER DISTRICT.
d. An equivalent dwelling unit (EDU) is established
as follows:
(1)
(2)
(3)
(4)
(5)
Type of Ruilding, Structure or Use
Each-space of a trailer court or mobile home park
Each duplex
Each separate apartment 'in an apartment house
Each housing accommodation designed for occupancy by a single person or one family, irrespective of the number actually occupying such ac- commodation
Each room of a lodginghouse, boardinghouse, hotel, motel or other multiple dwelling designed for sleeping accom- modations for one or more individuals:
,Equivalent Dwelling Unit (EDU)
1.00
2.00
1.00
1.00
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Without cooking facilities With cooking facilities
(6) Churches, theaters and audi- toriums, per each unit of . seating capacity (a unit be- ing one hundred fifty persons or any fraction thereof)
(7). Restaurants:
No seating Seating
Delicatessen or fast food, using only disposable tableware:
No seating Seating
(8) Automobile service stations:
Not more than four gaso- line pumps
More than four gasoline
pumps
(9) Self-service laundries, per each washer
(10) Office space in industrial Divide the gross or commercial establish-. floor area of the ments not listed above and building in square warehouses feet by 1800
(11) Schools:
Elementary schools For each sixty pupils or fraction thereof
Junior high schools For each fifty pupils or fraction thereof
High schools For each thirty pupils or fraction thereof
0.60 1.00
1.33
2.67 2.67 plus 1.00 per each 7 seats or fraction thereof
2.67 2.67 plus 1.00 per each 21 seats or fraction thereof
2.00
3.00
.75
1.00
1.00
1.00
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(12) In the case of all commer- cial, industrial and. busi- ness establishments not included in subdivisions 1 through 10, inclusive, the number of equivalent dwel- ling units (EDU) shall be determined in.each case by the District ,Engineer.
e. Where it is proposed to alter a structure in
any way which results in a greater potential water de-
mand'therefor, or to change or replace an existing
water meter by a meter of a larger size, the number of
EDU's, both prior and subsequent to such alteration or.
change of meter size shall be determined pursuant to
the provisions of paragraph (d) hereinbefore, and a
Major Facilities Charge based on the difference between
the units applicable prior to such alteration or change
of meter size shall be paid. The charge provided for
in this section shall be deemed a Major Facilities
Charge for purposes of this Resolution, even if a new
physical connection of a structure is not required and
the continuance of the original physical connection is
conditioned on payment of the charge provided for in
this section.
f. No Major Facilities Charge shall be payable
when an existing water meter is replaced by two meters,
solely to provide for the separate metering of land-
scape irrigation. Sizing of meters installed pursuant
to this section shall be within the sole discretion of
the District General Manager.
3. A Direct Connection Surcharge is hereby established under
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the following terms and conditions:
a. In addition to all other charges established
by ordinan:ces, resolutions and rules and regulations
of COSTA REAL MUNICIPAL WATER DISTRICT, there is es-
tablished a connection charge, to be known as "Direct
Connection Surcharge", to be applied to any new water
service or altered water service requirement wherein
there was no construction or dedication of water fa-
cilities to a public agency by the owner or prior
owner of the real property.
b. The Direct Connection Surcharge shall be an
amount per equivalent dwelling unit (EDU) as identi-
fied in Section (21, Paragraph (d) hereinbefore set
forth. The amount of the Direct Connection Surcharge
per EDU shall be as follows:
. and shall be a condition precedent to connection to any
$ 550 per EDU January 1, 1984 and thereafter until changed by Resolution of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT
c. The Direct Connection Surcharge shall be pay-
able at the time of the issuance of a building permit
water system located within the boundaries of the
COSTA REAL MUNICIPAL WATER DISTHICT.
d. Where it is proposed to alter a structure in
any way which results in a greater potential water de-
mand therefor, or to change or replace an existing
water meter by a meter of a larger size, the number of
: EDU's, both prior and subsequent to such alteration or
change of meter size shall be determined pursuant to .
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the provisions of section (21, paragraph (d) hereinbe-
fore, and a Direct Connection Surcharge based on the
difference between the units applicable prior to such I
alteration or change of meter size shall be paid. The
The charge provided 'for in this section shall-be deemed .
ti Direct Connection Surcharge for purposes of this Re-
solution, even if a new physical connection of a struc-
ture is not required, and the continuance of the origi-
nal physical connection is conditioned on payment of
the charge provided for in this section.
e. No Direct Connection Surcharge shall be payable
when an existing water meter is replaced by two meters;
solely to provide for the separate metering of land-
scape irrigation. Sizing of meters installed pursuant
to this section shall be within the sole discretion of
the District General Manager.
4. Any determination made pursuant to this Resolution may
be appealed to the Board of Directors of COSTA REAL MUNICIPAL WATER
DISTRICT.
5. Where, in the opinion of the Board of Directors of COSTA
REAL MUNICIPAL WATER DISTRICT, special conditions require the payment
of any Major Facilities Chatges or Direct Connection Surcharges at a
time other than at the issuance of a building permit, the District may
provide for such charge to be paid at a time.agreed to by written
agreement with the owner of the property to which such charge applies.
6. There is hereby created a Capital Development Fund into
which all funds collected under this Resolution shall be deposited.
The monies in such Capital Development Fund shall be used solely for
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the acquisition and construction of water facilities and systems, to
repay principal and; interest on bonds issued for the construction of
such water facilities and systems and to repay federal or state loans
or advances made to the COSTA REAL MUNICIPAL WATER DISTRICT for the
construction of such water facilities and systems.
ADOPTED, SIGNED AND APPROVED this 20th day of July, 1983.
/S/ N. M. ALMACK
N. M. ALMACK, President of COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof.
ATTEST:
/S/ FRED W. MAERKLE FRED W. MAERKLE, Secretary of COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof.
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STATE OF'CALIFORNIA )
COUNTY OF SAN DIEGO
I, FRED W. MAERKLE, 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 Board held
on the 26th day of July, 1983, and that it was adopted by the fol-
lowing vote: .'
AYES: Directors: ALMACK, BONAS, KELLY, MacLEOD and MAERKLE
NOES: Directors: None
ABSENT: Directors: None
/S/ FRED W. MAERKLE FRED W. MAERKLE, Secretary of COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof.
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STATE OF CALIFORNIA ) ss. COUNTY OF SAti DIEGO
.I I FRED W. MAERKLE, Secretary of the Board of Directors of
COSTA REAL MUNICIPAL WATER DISTRICT, do hereby certify that the
above.is a full, true and correct copy of Resolution No. 439 of the
Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT and that
the same has not been amended or repealed.
Dated: July 20, 1983
FRED W. MAERKLE, Secretary of COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof.
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