HomeMy WebLinkAbout1974-12-04; Municipal Water District; Resolution 327RESOLUTION NO. 327
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT ORDERING THE DETACHMENT OF
CERTAIN TERRITORY DESIGNATED PACIFIC VIEW DETACH-
MENT FROM THE CARLSBAD MUNICIPAL WATER DISTRICT
PURSUANT TO SECTION 56322 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA.
(PACIFIC VIEW DETACHMENT)
THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER
DISTRICT DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
1. The following facts are hereby found and determined
to be true:
(a) The proceedings were initiated by the
Board of Directors of the Carlsbad Municipal Water
District pursuant to Section 56310 of the Govern-
ment Code of the State of California.
(b) The Carlsbad Municipal Water District com-
menced the preliminary proceedings for the detach-
ment of the territory described herein by filing
with the Local Agency Formation Commission of the
County of San Diego, Resolution No. 277, adopted
April 19, 1972.
(c) The territory described in said Resolution
No. 277 is the territory hereinafter described in
this Resolution.
(d) The distinctive short form designation
assigned by the Local Agency Formation Commission
of the County of San Diego and the Board of
Directors of Carlsbad Municipal Water District is
"PACIFIC VIEW DETACHMENT". A description of the
exterior boundaries of the territory proposed to
be detached is attached hereto as Exhibit "A" and
made a part hereof.
(e) The Local Agency Formation Commission of
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the County of San Diego has approved the pro-
posed detachment by their Resolution adopted
October 1, 1973, Ref: CO(W) 73-123.
(f) The territory proposed to be detached
is uninhabited.
(9) All of the owners of the land within
the territory proposed to be detached have
given their written consent to such detachment.
(h) The reasons for the proposed detach-
ment are:
(1) That the land is currently
within the boundaries of the City of
Oceanside and can be best served with
water from the City of Oceanside.
(2) The detachment from said land
will be for the best interests of the
District.
(3) The detachment of said land
will be for the best interests of the
land and the owners thereof.
(i) The terms and conditions of the proposed
detachment are:
(1) The payment of all costs of
said detachment, including, but not
limited to, any advertising costs, en-
gineering fees and attorney's fees, by
the owners of the land within the ter-
ritory proposed to be detached.
(j) That the proceedings had for the said de-
tachment were genuine and sufficient and in all
respects complied with the District Reorganization
Act of 1965, beginning with Section 56000 of the
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Government Code of the State of California.
2. The Board of Directors of the Carlsbad Municipal
Water District does hereby order the detachment of the territory
described in Exhibit "A" attached hereto, from the Carlsbad
Municipal Water District, subject to the following terms and
conditions:
(a) The payment of all costs of said de-
tachment, including, but not limited to, any
advertising costs, engineering fees and at-
torney's fees, by the owners of the land with-
in the territory.
3. The boundaries of the territory so detached from
Carlsbad Municipal Water District are more particularly described
as set forth in Exhibit "A'' attached hereto and made a part of
this Resolution.
4, This Resolution is being adopted pursuant to Section
56322 of the Government Code of the State of California and pur-
suant to the Resolution adopted by the Local Agency Formation
Commission of San Diego County by their Resolution adopted
October 1, 1973, Ref: CO(W) 73-123.
5. This Resolution is being adopted without notice and
hearing or without an election pursuant to Section 56322 of the
Government Code of the State of California.
6. The Secretary of the Carlsbad Municipal Water District
is hereby authorized and directed to:
(a) Comply with the provisions of Chapter 8,
Division 1 of the Government Code of the State
of California, commencing with Section 56450
through 56457, inclusive.
(b) Transmit to and file with the County
Assessor of the County of San Diego and the
Board of Equalization of the State of California
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1974 e
certified copies of this Resolution and descrip-
tion of the boundaries of the territory so de-
tached from the Carlsbad Municipal Water District
and a map depicting said boundaries, in compli-
ance with Sections 54900, et seq. of the Govern-
ment Code of the State of California.
ADOPTED, SIGNED AND APPROVED this 4th day of December,
FRED H/ MAERKLE
Pre si dent o f/fa r 1 s bad Mun i ci pa 1 Water District and of the Board
of Directors thereof,
ATTEST:
h
50.- - W. D. CARMICHAEL
Secretary of Carlsbad Municipal
Water District and of the Board
of Directors thereof,
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO 1 1 ss.
I, W, D. CWRMICHAEL, Secretary of the Board of Directors -
of CARLSBAD MUNTCIPAL WATER DISTRICT, DO HEREBY CERTIFY that
the faregoing Resolution was duly adopted by the Board of Direc-
tars of CWRLSBAD MUNTCIPAL WATER DTSTRICT at a regular meeting
of said Board held on the 4th day of December, 1974, and that
it was so adopted by the following vote:
AYES : Directors : Carrnichael, Engelmann,
Kelly and Maerkle.
NOES : Directors: None.
ABSENT : Directors: MacLeod .
\ *Q.& -A W, D, CARMICHAEL
Secretary of Carlsbad Municipal Water District and of the Board
of Directors thereof.
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