HomeMy WebLinkAbout1968-08-19; Water Systems Improvement Committee Ad Hoc; Minutes' WATER SY^EMS IMPROVEMENT COMMITTEE -
DATE OF MEETING: August li, 1968
TIME OF MEETING: . 2:00 P.M.
PLACE OF MEETING: City Manager's Conference Room, City Hall
PRESENT: Mr. William Atkinson, William Cannon, William Esterline, City Manager
Charles E. Martin, Councilman Glenn E. McComas, James P. O'Toole,
General W. W. Rogers, Assistant Engineer Joe Spano and General E. W.
Snedeker.
ABSENT: Knox Williams.
General Rogers read a letter from the Attorney to the City Manager regarding an
offe-r to purchase property at Mission and Foussat Road, which is owned by the
Water Department. The auditor has indicated the money from sale of this property
could be used for purposes stated in the resolutions and ordinances involved in
the sale of bonds and would have to be placed into a special fund used for the
Water Bond purposes only. This parcel of land is approximately 2.75 acres and the
people who have made this offer plan to construct a shopping center in this loca-
tion. They have offered $50,000.00 and have orally agreed to construct a new
sump site.
General Rogers stated the Committee has agreed that the City should retain access
rights in San Luis Rey." The City Council has requested a recommendation regarding
the sale of this property. The 1960 Bond Issue, Covenant 5, provides if property
is- sold, the money received should be used in the Bond Service or Bond Redemption
Fund.
Mr. Atkinson asked if this location was the only suitable location to install a
new sump.
General Rogers stated this property was a very good location for the sump. The sumj
would be relocated along the road or next to Foussat Road. The General also added
he had made some recommendations regarding the property and read his draft as
follows:
That the property be sold for $50,000.00, subject to the buyer reconstructing a nev
sump; that the City waive secondary rights on the adjacent 13 acres i-f the owner
of the adjacent property is the successful bidder; that bidders be given plans for
the sump reconstruction, which would be drawn up by the Engineering Department;
that the money received not required for the Bond Service Fund be used for imp-
rovement of the water system.
Mr. Martin stated he would check for a determination of primary and secondary right
from legal counsel. . •
Mr. Esterl-ine suggested the buyer's agent be contacted to see if they are prepared
to pay for the reconstruction of the sump, in an estimated amount of $25,000.00.
General Rogers stated they could be informed plans would be prepared if an approp-
riate deposit for costs of the plans would be made, on the premise the deposit
would be returned only if the property was actually purchased.
A motion was made by Mr. Cannon and seconded by General Snedeker that legal opinion
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be obtained from O'Melveny & Myers as to what constitutes a substantial part of
the water system of the City of Carlsbad in regard to Covenant 5 of the 1958 Bond
Issue, Resolution 711 of the City of Carlsbad. All ayes, motion carried.
A motion was made by James O'Toole and seconded by William Esterline that in the
event of sale of this property, the City of Carlsbad would not sacrifice any
rights and should be reimbursed for any expenses incident to the negotiations
of the sale. All ayes, motion carried.
Mr. Martin informed the Committee the first step of the 1.8 million dollar bond
issue is now underway.
Chairman Rogers adjourned the meeting at 2:54 P.M.
Respectfully submitted,
Noel Helton
Recording Secretary.