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HomeMy WebLinkAbout1978-12-06; Municipal Water District; Resolution 379RESOLUTION NO. 379 RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT MAKING APPLICATION TO THE LOCAL AGENCY FORI4ATION COMMISSION FOR THE EXERCISE OF LATENT POWERS WHEREAS, the Board of Directors of the Carlsbad Munici- pal Water District is empowered under its principal act, The Municipal Water District Act of 1911, as Amended, to acquire, control, distribute, store, spread, sink, treat, purify, reclaim, recapture, and salvage any water, including sewage and storm waters, for the beneficial use or uses of bhe district, its inhabitants, or the owners of rights to water in the district (Section 71610, Water Code; and I WHEREAS, the Carlsbad Municipal Water District has not exercised all of the powers set out at Section 71610 of the Water Code prior to or after September 13, 1971; and WHEREAS, on September 13, 1971 the Local Agency Forma- tion Commission of San Diego County adopted "Rules of the Com- mission" pursuant to Chapter 1249, Statutes of 1970 (Section 54851 et. seq. of the Government Code); and ? WHEREAS, Article IV of said Rules requires all special districts within San Diego County to obtain approval of said Commission to exercise any powers not exercised prior to September 13, 1971; and WHEREAS, the Board of Directors of the Carlsbad Munici- pal Water District finds it to be in the public interest and necessity to exercise additional powers authorized by Section 71610 of the Water Code. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: -- 1. This application is made pursuant to Article IV of the Rules of the San Diego County Local Agency Formation Com- mission and Section 54851 et. seq. of the Government Code. 2. The nature of this proposal is a request for author- ization to exercise the power of "Reclamation", a sub-category or Service of the function of "Sewer" as defined by Section 4.4 - Classification of Functions and Services, of Article IV of the Rules of the Commission. 3. The reasons for this proposal are as follows: Approximately 30 percent of the retail water distributed by the District is used for agricultural irrigation purposes; the District realizes that within the next decade there will be a significantly diminished supply of water for agricultural purposes and that the cost for all water will increase. It is therefore necessary to develop alternate sources of water to sustain the agricultural enterprises currently operating within the District; in order to meet the anticipated agricultural demands, the Dis- trict intends to acquire, store and distri- bute non-potable water reclaimed, recaptured, and salvaged from storm and wastewaters. -2- 4. The boundaries in which the powers enumerated in Section 2 of this Resolution are to be exercised are described in Exhibit A attached hereto and made a part of this Resolution. c 5. The Board of Directors of the Carlsbad Municipal Water District hereby request the Local Agency Formation Com- mission to initiate further proceedings, to approve this appli- cation, and to authorize the Board of Directors to exercise the specific powers requested within the boundaries described in Exhibit A. 6. The Secretary of the District is hereby authorized and directed to provide a certified copy of this Resolution to the Local Agency Formation Commission, County of San Diego. c I ADOPTED, SIGNED AND APPROVED this 6th day of December, 1978. President of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. ATTEST : D VJ. MAERKLE of CARLSBAD MUNICIPAL ICT and of the Board of Directors thereof. -3- r STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) : ss. I, FRED W. MAERKLE, Secretary of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, do hereby certify that the foregoing resolution was duly adopted by the Board of Dir- ectors of CARLSBAD MUNICIPAL WATER DISTRICT, at a regular meeting of said Board of Directors on the 6th day of December, 1978, and that it was adopted by the following vote: AYES : Directors: MAERKLE, MacLEOD, UHLINGER, KELLY, ENGELMANN NOES : Directors: None. ABSENT: Directors : None. Secretary ARLSBAD MUNICIPAL WATER and of the Board of Directors thereof. -4-