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HomeMy WebLinkAbout1981-07-22; Municipal Water District; Resolution 416RESOLUTION NO. 416 A RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION TO EXERCISE UNUSED BUT AUTHORIZED (LATENT) POWERS WHEREAS,. the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT is empowered by Section 71662 of the Water Code to utilize any part of its water, and any part of its works, facilities, improvements, and property used for the development, storage, and transportation of water to provide, generate, and deliver hydroelec- tric power, and may acquire, construct, operate and maintain any and ,- all works, facilities, improvements, and property necessary or con- venient for such utilization; and :I WHEREAS, COSTA REAL MUNICIPAL WATER DISTRICT has not exer- cised the powers described by Section 71662 prior to or after Septem- ber 13, 1971; and WHEREAS, on September 13, 1971, the San Diego Local Agency Formation Commission adopted, pursuant to Chapter 1249, Statutes of 1970 (Section 54851 et seq. of the Government Code), Article IV of the "Rules of the Commission", which Rules require that all special dis- tricts within San Diego County obtain approval of said Commission to exercise any powers not exercised prior to September 13, 1971; and P i WHEREAS, the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT finds that it be in the public interest and necessity to exercise the powers enumerated in Section 71662 of the Water Code: -1- NOW, THEREFORE, THE BOARD OF DIRECTORS OF COSTA REAL MUNIC- IPAL WATER DISTRICT DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS 7 FOLLOWS: Section 1. This application is made pursuant to Article IV of the Rules of the San Diego Local Agency Formation Commission and Section 54851 et seq. of the Government Code. Section 2. The nature of this application is a request for approval to exercise the powers provided for in the principal act of the District at Section 71662 of the Water Code. Section 3. Said powers consist of the following Function and Services as specified in Section 4.4 of Article IV of said Rules, to wit: FUNCTION Power Section 4. lows: SERVICES Generation Distribution The reasons for this application are as fol- 4.1 State and Federal agencies have encour- aged and promoted through assistance programs and legislation the development of small hydroelectric power generating units in conjunction with exist- ing water storage and transmission facilities. It is now established as matter of public policy that water agencies such as COSTA REAL MUNICIPAL WATER DISTRICT that have such existing facilities should initiate action programs to utilize these facili- ties to produce electrical power. -2- 4.2 COSTA REAL MUNICIPAL WATER DISTRICT is the only water agency within its jurisdiction with the necessary storage and transmission facilities needed to effectively and efficiently generate and distribute electrical power. Section 5. The boundaries in which the powers enumerated in Section 3 of this Resolution are to be exercised are described in Exhibit "A" attached hereto and a part of this Resolution. Section 6. The Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT hereby request the San Diego Local Agency Formation Commission to initiate further proceedings to approve this application and to authorize the District to exercise the specific powers request- ed within the boundaries described in Exhibit "A". 7 Section 7. The Secretary of the District is hereby author- ized and directed to provide a certified copy of this Resolution to the Local Agency Formation Commission, County of San Diego. ADOPTED, SIGNED AND APPROVED this 22nd day of July, 1981. /d-LL=( DONALD A. MacLEOD President of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT -3- ATTEST: FRED W. WJZ% LE Secretary of $prd t of Directors of COSTA REAL M IC PAL WATER DISTRICT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. I, FRED W. MAERKLE, Secretary of the COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof, do hereby certi- 7 fy that the foregoing Resolution was duly adopted by the Board of Directors of said District at an adjourned regular meeting of the Board held on the 22nd day of July, 1981, and that it was adopted by the following vote: AYES : NOES : ABSENT: Directors: BONAS, KELLY, MAERKLE, and MacLEOD Directors: None Directors: None #&J4 FRED W./ MAERKLE Secretary of de/Board of Directors of COSTA REAL M~ICIPAL WATER DISTRICT -4-