HomeMy WebLinkAbout1954-03-24; Municipal Water District; Minutes__. 7 ,., i ~ . (_.
MIIUTIB OF TRE FIRST MEEZING OF THE FIRST BOARD OF DIRECTORS OF THE CARLSBAD MTMIGIPAL WATm DISTRICT HEZD PURSUANT TO AND UNDEB SECTION 8 OF THE MUNICIPAL WATER DISTRICT ACT OF 1911 , AS AMENDED.
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HELD MARCH 24, 1954, AT 8 P .M . AT 601 ELK STREEZ' , GARLSBQD, CALIFORNIA .
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Pursuant to the provisions of Section 8 of the
Municipal Water District Act of 1911, as amended, the first
meeting of the First Board of Directors of the Carlsbad
Municipal Water District was held at the office of the
Carlsbad Mutual Water Company at 601 Elm Street, Carlsbad,
San Diego County, California, at 8 o'clock p.m. March 24, 1954.
These were present at said time and place the
following directors, representing the five divisions of the
Carlsbad Municipal Water District set opposite their respect-
ive names :
I Pres ent :
FIRST DIVISION WILLIAM W. ROGERS
SECOND DIVISION PATRICK E. ZAKLER
THIRD DIVISION MAXWELL 0 . ENALD
FOURTH DIVISION BILLY C. FRY
FIFTH DIVISION ALLAN 0. KELLY
Absent :
NONB
Evidence was presented to the assembled Board:
(1) That the County Clerk of San Diego County had,
pursuant to a resolution and order entitled "Resolution and
Order of the Board of Supervisors of San Diego County Declar-
ing the Results of the Canvass of the Special Election Held
in Proposed Carlsbad Municipal Water District on March 11,
1954, Declaring the Territory Included Therein Duly Organized
as said Carlsbad Municipal Water District and Designating the
Persons Elected as the First Directors Thereof", adopted on
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March 16, 1954, executed his certificate certifying that
said Board of Directors had been duly elected and that the
assembled directors constituted the First Board of Directors
of the Carlsbad Municipal Water District; I (2) That the County Clerk had set March 24, 1954
at 8:OO p.m. as the time, and 601 Elm Street, Carlsbad, as
the place, for the holding of the first meeting of the Board
of Directors of said District, required to be held by the
terms of Section 8 of the Municipal Water District Act of
1911, as amended;
(3) That an order and notice executed by a majority
of the members of the Board of Directors of the District had
been personally delivered and served on each and every member
of the Board of Directors of the District more than twenty-
four (24) hours prior to the time set for the holding of this
meeting, and specifying that this is the time and place for
the holding of said meeting, and that no newspaper of general
circulation, radio station or television station has requested
notice of the holding of special meetings of the Board of
Directors of this District;
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(4) That said County Clerk has heretofore delivered
Certificates of Election to each and every one of the Direc-
tors of this District and that each and every one of said
Directors has taken and subscribed the Oath of Office required
by the Government Code, and Loyalty Oath required by the
Laws of the State of California, and is qualified to and has
qualified to act as a Director of the Carlsbad Municipal Mater
District.
I Thereupon, the Directors present assumed their
office and proceeded to exercise the powers and discharge
the duties delegated to the Eoard by law.
Upon motion of Director Rogers, seconded by Director
Zahler and carried by the following vote:
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AYES ; DIRECTORS ROGERS, ZAHLER, WALD and FRY
IU’OES : DIRXTORS NONE
DIRECTOR ALLAN 0. KELLY NOT VOTING THEREON
ABSENT : DIRECTORS NONE
Allan 0 . Kelly was appointed and elected temporary chairman
of this meeting, and being present, took the chair and assumed
his duties as temporary chairman, and stated that the next
business to come before the meeting was the election of a
secretary.
Upon motion of Director Fry, seconded by Director
Ehald and carried by the following vote:
AYE3 : DIRECTORS ZAHLER, EWALD, FRY and KFLLY
NOES: DIRECTORS NONE
DIRECTOR ROGEXIS NOT VOTING THEREON
ABSENT : DIRECTORS NONE
I William W. Rogers, a resident of and a duly qualified voter
of the Carlsbad Municipal ’Water District, was elected and
appointed secretary of the Carlsbad Municipal Water District
to hold office during the pleasure of the Board and until his
successor is appointed and qualified. The secretary, being
present, accepted the appointment and immediately entered
upon the discharge of the duties of his office.
The temporary chairman stated that the Board of
Directors, at its first meeting, was reqJired by the terms
of the Municipal Water District Act to choose one of its mem-
bers President, and then stated that nominations were in
order for the office of President.
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Upon motion of Director Rogers, seconded by Director
Zahler, and carried by the following vote:
AYES : DIRETORS ROGZHS, ZAHLER, EWALD and KELLY
NOES: DIRECTORS NONE
DIRECTOR F’RY NOT VOTIKG THEZEON
ABSESTT : DIRETORS NONE
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Billy C . Fry was chosen and appointed President of the Board
of Directors of the Carlsbad Municipal Water District, to
hold office until the appointment and qualification of his
I successor, who shall be elected czt the first meeting of the
Board in the month of January, 1955.
The temporary chairman then stepped down from the
chair, and the newly-elected President took the chair and
proceeded to discharge the duties of his office and conduct
the meeting, and stated that the next business to come before
the meeting was to provide for the time and place of and the
notice to be given of the holding of regular and special
meetings of the Board of Directors of the District, the adop-
tion of a seal, and the adoption of rules and procedure govern-
ing the conduct of all business transacted before the Board.
Upon motion of Director Rogers, seconded by Director
Kelly, and carried by the following vote:
I AYES : DIRECTORS ROGERS, ZAHLER, EWALD, FRY and KIifLL4
NOES: DIRECTORS NONE
ABSDJT : DIRETORS NONE
the following ordinance was adopted by the vote of the Board
of Directors of Carlsbad Municipal Water District:
ORDINANCE NO. 1
AN ORDINANCE PROVIDING FOR THE CALLING AND HOLDING OF REGULAR AND SPEIAL MEETINGS OF THE BOARD OF DIRXTORS OF THE CARLSBAD MUNICIPAL WATEB DISTRICT, DETEXWINING THE TIME AXD PUCE OF SUCH MEETINGS, HOW ITS RECORDS SHALL BE KEPT, ESTABLISHING RULES AND REWLATIONS GOVERNING PROCEIXTRE OF SAID BOARD, AND PRESCRIBING THE OFFICIAL SUL OF THE DISTRICT.
BE IT ORDAINED by the Board of Directors of the
Carlsbad Municipal Water District as follows:
Section 1. The meetings of the Board of Directors
of the Carlsbad Municipal Water District shall be held within
the boundary of the territory over which said district exer-
cises jurisdiction. Regular meetings of the Board of Directors
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shall be held without notice on the third Thursday of each
month at the hour of 7t30 p.m., at the office of the Carlsbad
Mutual Water Company, 601 Elm Street, Carlsbad, San Diego
County., California .
Seetion 2. The special meetings of the Board of
Directors of the Carlsbad Municipal W-ater District may be or-
dered and called at any the by the President of the Board of
Directors of the District or by a majority of the members of
said Board of Directors, by delivering personally or by mailing
a written notice ordering and calling said meeting, to each
member of the Board of Directors of this District and to each
local newspaper of general circulation, radio station, or tele-
vision station, requesting notice of special meetings, at least
twenty-four (24) hams before the time set forth for the hold-
ing of such meeting,
Said order and call shall specify the time and place
of the special meeting and the business to be transacted at
said meeting, and no other business shall be considered at such
meeting by the Board of Directors.
Section 3. If at any time, any regular meeting or
any special meeting or any adjuurned meeting shall fall on a
holidays such meeting shall be held on the next business day.
If, by reason of fire, flood, earthquake or other emergency,
it shall be unsafe to meet at the @ace designated for regular
meetings, or at the place speetfied in the notice of any special
meeting , or at the place to which any meeting was adjourned,
then such meeting or the adjourned meeting , may be held for
the duration of the emergency at such place as is designated
by the President of the Board of Directors of the District.
Section 4. The Board of Directors of the District
may adjourn any regular, special OP adjourned meeting to a
time and place specified in the order of adjournment. when
any regular meeting or adjmrned regular meeting is SO adjourned,
the adjourned meeting shall be deemed a regular meeting for
all purposes. IF the order of adjournment fails to state the
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hour at which the adjourned meeting is to be held, it shall
be held at the haur specified in the ordinance for the holding
of regular meetings,
Section 5. At the first meeting of the Board of
Directors in the month of January of each odd-wmbered year,
the Board of Directors shall choose one of its members Presi-
dent of the Board.
Section 6. prll meetings of the Board of Directors
of the District shall be open and public and all persons shall
be permitted to attend any meeting of' the Board of Directors
and all acts and deliberations of the Board of Directors shall
be taken and conducted openly; provided, however, that nothing
contained. herein shall be deemed to prevent the Board of Dip-
ectors from holding executive sessions to consider the employ-
ment or dismissal of a pulblic officer or employee, or to hear
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complaints or charges braught against a public officer or em-
ployee of the District by another public officer, person, or
employee, unless such officer or employee requests a public
hearing, or prevent the Board of Directors from excluding from
any such mblio er private hearing during the exambation of
a witness, any or all other wftnesses in the matter being in=
vestigated by the Board of Directors of the District,
Section 7. A majority of the members of the Board
of Directors of the District shall constitute a quorum for
the transaction of business.
?-A, The Board of Directors of the District
shall act only by ordinance, resolution or motion,
a, On all ordinances 9 the roll shall be
called and the ayes and noes recorded in the minutes (journal)
of the proceedings of the Board of Directors, and the enacting
clause of the ordinance shall be: %E IT ORDAINED by the Board
of Directors of the Carlsbad Municipal Water District as
follows : ll 7-c. Resolutions, motions and orders may
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be adopted by a voice vote, but on demand of any member, the
roll shall be called and the vote recorded.
u. No ordinance, motion or resolution
shall be passed or become effective without the affirmative
I vote of a majority of the members of the Board.
Section 8. Except as otherwise providd by law or
ordinance adopted by this Board, ?Roberts Rules of Order,
Revised" are hereby adopted as the rules of practice and pro-
cedure governing the conduct of the business and procedure
before this board. The President shall preside at all meet-
ings and shall have a vote on all matters before the board,
In the absence of the President, the Vice-president shall pre-
side, and in the absence of both, the presiding officer shall
be elected by a majority vote of the members of the Board.
Section 9. The minutes of the meetings of the
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Board of Directors shall. be recorded and kept by the Becutive
Secretary in a book maintained for that purpose, entitled
YBook of Minutes of the Meetings of the Board of Directors
of the Carlsbad Municipal '&ter District". Unless otherwise
errrpressly directed by the Board at the time of their adoption,
all ordinances and resolutions adopted by the Board may be
referred to in the minutes of the meetings of the Board by
number and title, but the same shall be recorded in fbll in
books kept for that purpose and entitled "Book of Ordinances"
and "Book of Resolutionsflt respectively.
The President or other person who may preside at the
meeting, or the Secretary, shall authenticate the minutes,
ordinances and resolutions after these have been transcribed
into the appropriate books, and when so authenticated shall
constitute the official minutes , ordinances and resolutions
of the Board of Directors of the Carlsbad Municipa3, Water
Dis trfc t .
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The minute book, the book of ordinances, and the
book of resolutions shall be kept at the office of the Execu-
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tive secretary at the principal place of business of the
District .
Section 10. The seal, an impression of which is
herewith affixed on this page, and bearing the words Varls-
bad Municipal ater District, organized March 22, 195G1?, is
adopted as the official seal of this District.
Section 11. The order of business at all regular
meetings of the Board of Directors shall be as follows:
(1) Reading and correction of the minutes
of the preceding regular meeting and all intervening
special meetings
(2) Reading and consideration of all corres-
pondence addressed to the Board and received since
the last regular meeting.
(3) Reading and consideration of all. reports
of officers , board members , special and standing
committees, the general manager, comptroller , or
other officer, submitted to the Board of Directors
prior to or at said meeting,
(4) unfinished business.
(5) New business.
(6) Ad jaurnment.
Section 12. The President and Secretary, in addi-
tion to the respective duties imposed on them by the Board of
Directors and the President my from time to time appoint one
or more committees.
12-A4, The Treasurer, and such other person
or persons as may be authorized by the Board of Directors,
shall draw checks or warrants to pay demands on the District
when such demands have been audited and. approved by the
Board of Directors,
"* 12-B The Attorney shall be the legal ad-
visor of the District and shall perform such duties as may
be prescribed by the Board of Directors.
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124 The Board of Directors shall designate
a depository or depositories to have the custody of the finds
of the District, who shall give security sufficient to secure
the District against possible loss and who shall be authorized
to and shall pay warrants or checks drawn by the District for
demands against the Ddstrdct when approved by the Board of
Directors. - 12-D. The Secretary, the Treasurer, and all
other officers employed who may be required'to furnish bond by
the Board of Directors, shall give bonds conditioned for the
faithfil. performance of their duties; and the premiums of such
bonds shall be paid by the District.
d 12-33 No director shall in any manner be in-
terested , directly or indirectly, in any contract awarded or
to be awarded by the Board of Directors, and no officer or em-
ployee of the District shall in any manner be interested dir-
ectly or indirectly in any contract made by such officer or
employee, pursuant to discretionary authority vested in him,
or be interested in the benefits to be derived therefrom. Pro-
vided, however, that no Director, officer or eraployee shall be
deemed to be interested, directly or indirectly, in any such
contract if such director, employee or officer owns or controls
directly OP indfreetly five per cent (5$) or less of the at-
standing stock or securities of any corporation contracting with
the District, or if such contract or instrument shall be entered
into by said officer, Director or employee pursuant to the pro-
visions of any ordinance or regulation of the District of uni-
form application, and which ordinance or regulation shall have
become effective prior to the making OF execution of such
contract or instrument .
Section 12. These rules and regulations may be
amended by a majority vote of the members of the Board of Dir-
ectors of the Carlsbad Nunicipal Water District at any regular
meeting, by the adoption of an ordinance amending this ordinance
or any section thereof.
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Section a. This ordinance shall take force and
be in effect immediately upon and after its adoption.
Section 15. This ordinance is hereby declared to
be an urgency measure necessary for the immediate preservation
of the public peace, health and safety within the meaning of
the Constitution and the laws of the State of California, and
shall therefore go into immediate effect, B statement of the
facts constituting such necessity is as follows: The inhabi-
tants of a substantial portion of the Carlsbad Municipal 'iiter
District are in dire need of obtaining an immediate and ade-
quate supply of water for domestic and -agricultural use; and
for the purpose of obtaining an adewate supply of water for
said inhabitants and a supplemental supply of water for the
remainder of the District, the inhabitants of the Carlsbad
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Nunicipal Water District have formed said District for the
purpose of obtaining membership in the San Diego County Water
Authority and The Metropolitan Water District of Southern
California, so that they may purchase Colorado River water
for use within the corporate area of the Carlsbad Wnicipal
Water District; and that it is necessary that proceedings be
immediately instituted and action taken from time to time to
obtain membership in said Authority and said The Metropolitan
Water District, so that the District may secure the supply of
water so urgently needed for domestic and agricultural use.
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ORD~ED, ADOPTED AMD APPEiOvET, by the Board of
Directors of the Carlsbad Municipal Water District on the
24th day of March, 1954, at the first meeting of the Board
of Directors held pursuant to Section 8 of the Municipal Water
District Act of 1911, as amended, and call duly and regularly
given, by the following vote, to wit:
Am: DIRECTORS ROGERS , ZAHLER, EWBLD, FRY and KELLY
NOES: DIRECTORS NONE
ABSWT: DIRECTORS NONE
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The Chairman stated that Section 4 of the Act under
which the District was organized required the first'Board of
Dimetars af the Distriet to classify themselves by lot SO
that two of the members shall hold office until the qualifica-
tion of and taking of office by their successors elected at
an election to be held in the next succeeding even-numbered
year, and so that three of the members of the Board shall hold
office until the qualification of and the taking of office
by their successors elected at an election to be held in the
second succeeding even-numbered year, and instructed the Sec-
retary to prepare lots and to conduct the drawing thereof by
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the Directors
The Secretary then prepared the lots and conducted
the drawing and annaunced that as a result thereof , Directors
Fry and Ewald would hold office for the short term expiring
in 1956, and that Directors Rogers, Zahler and Kelly wauld
hold office for the long term expiring in 1958,
Thereupon, upon motion of Director Ewald, seconded
by Director Zahler, the following motion was adopted by the
following votes!
AYES : DIRECTORS ROGTZE , ZAHLISR, IMALD , FRY and KELLY
NOES: DIRECTORS NONE
ABSEMT : DIRECTORS NOLNE
WHEREAS, the five (5) members of the First
Board of Direc tors of the Carlsbad Municipal Water
District have at this meeting classified themselves
by lot in accordance with Section 4 of the Municipal
Water District Act of 1911, as amended, so that two
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(2) of them shall hold office untfl the qualificat2on
of and the taking of office by their successors elected
at an election to be held in the year 1956, the next
succeeding even-numbered year, and so that three (3)
of them shall hold office until the qualification of
and the taking of office by their successors elected
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at an election to be held in the year 1958, the second
succeeding even-numbered year ,
NOW, THEW'ORE, it is declared and stated. that
Director Fry and Director Ewald have by lot been
classified to hold office for the short term expiring
in the year 1956, and Directors Rogers , 2Za.hler and
Kelly have by lot been classified to hold office for
the long term expiring in the year 1958, all in accord-
ance with provisions of the Wnicipal Water District
Act of 1911, as amended.
The Chairman stated that the certificate of the
County Clerk required to be executed, filed and recorded by
the provisions of Section 3 of the Act under which the District
is organized, had been recorded in the Office of the County
Recorder of San Diego County on March 19, 1954, in Book 5177
at page 139 of Official Records of San Diego Cuunty, and filed
in the Office of Secretary of State of the State of Califor-
nia on March 22nd, 1954; that the certificate required to be
issued by the S ecretary of State of the State of California,
declaring the District incorporated under the name of Carlsbad
Municipal Water District, had been issued on March 22, 1954;
and that a certified copy of said certificate had been filed
with the County Clerk of San Diego County March 24, 1954.
Upan suggestion af the President that he deemed it advisable
to cause a transcript of the proceedings leading up to the
organization of the District to be filed in the Minute Book
of the District, the following motion was adopted:
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Upon motion of Director Rogers, seconded by Director
I Kelly and unanimously carried, the Secretary was instructed
to insert or cause to be inserted in the back of the Mimte
Book of the Carlsbad Municipal Water District a transcript
of the proceedings leading up to the organization of the
District; copies of the certificates of election and oaths
of office taken and subscribed by the Individual directors
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of the Dhstr5ctj a certified copy of a map or plat showing
the boundaries of the District; and to cause to be inserted
in the front of the Minute Book of the District, the original
certificate issued by the Secretary of State under Section 3
of the Eunicipal Water District Act of 1911 , as amended, de-
claring the District incorporated under the laws of the State
of California as the Carlsbad Municipal Mater District.
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The Chairman stated that he thaught it advisable to
take the necessary steps so that taxes may be levied for the
maintenance of the District. Thereupon, upon motion of Direc-
tor Zahler, seconded by Director Rogers , the Executive Seere-
tary was instructed to file with the County Assessor of San
Diego County, and with the State Board of Equalization of the
State of California, any and all statements , maps and documents
required to be filed under Sections 54,900 to 54,903 of the
Government Code of the State of California.
I The Chairman stated the next business to come before
the meeting was the appointment of a treasurer, legal counsel,
and executive secretary, and to fix the location of the prin-
cipal place of business of the District.
Upon motion of Director Rogers, seconded by Director
Kelly and carried by the fol1owin.g vote:
AYES : DIRETORS ROGWS 9 WALB, FRY and KELLY
NOES: DIRECTORS NONE
DIRECTOR ZAHLER NOT VOTING THERMlN
ABSENT: DIRETORS NOM3
Patpick 8, Zahler, a resideslt of and qualified voter of the
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Carlsbad Municipal Water District, is appointed and elected
treasurer of the Carlsbad MunicipsLl Water District, to serve
without compensation during the pleasure of the Bo& and until
his successor is elected and qualified; and
Upon motion of Director Rogers, seconded by Director
%aid and carried by the following vote:
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AYES : DIRECTORS ROGERS , ZAHLEB, EULD, FRY and KELLY
NOES: DIRETORS NOll3
ABSEHT: DIRECTORS MONX
C. E. Trzgg is appointed as and to act as Executive Secretary
I. of the' Board sf Directors at a salary to be fixed by the Board
of Directors, upon the condition that he shall devote as much
time to his duties as Executive Secretary as are required, and
that he shall be entitled to work for and accept employment
and compensation for others so long as it does not interfere
with his duties as Beeutive Secretary; and
Upon motion of Director Rogers, seconded by Director
Zahler and carried by the following vote:
AYB : DIRETORS ROG'WS , UHLER, WALD , FRY and KELLY
NO= i DIREGTORS NONZ
USBNT : DIRETORS NONE
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W. Bo Dennis is hereby appointed legal counsel for the District,
to serve during the pleasure of the Board at such compensation
or fee as my hereafter be fixed by the Board of Directors; and
Upon motion of Director Rogers, seconded by Director
Zahler, and carried by the following vote:
AYES: DIRETORS ROGERS , :wm, WALD, FRY and KELLY
NOES: DIRECTORS NOWE
ABSENT: D1RM:TORS NONE
it was resolved:
RBSOWTTION NO, 1
That until hrther order of the Board of
Directors, the principal place of business of the
District is established and shall be fixed at 601
Elm Street, Carlsbad, California; and the President
of the Board. is authorized to make arrangements with
the Carlsbad Mutual Water Company to occupy said
space and to use the post office box of the Carlsbad
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Mutual Water Company, to wit, Post Office Box 7, and
to make any and all necessary arrangements and incur
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any and all necessary expenses in securing supplies
and services necessary or that may be required in
connection with the conduct of the business of the
District. I The President then stated that after serious conbit%=
eration, he decided that it was advisable at this time to ap-
point an engineering committee and a finance committee, and
that he wished to make the following appointments at the
present time:
To the bnineerinn Committee:
WILLIAM, Wo ROGWS
C . E. TRIGG
ALLBN 0. KELLY
To the Finance Committee:
PATRICK E. ZAHLEFi
llAXWEL 0. X!WALD
ALLAN 0. KELLY I
Upon motion of Director Ewald, seconded by Director Rogers
and unanimously' carried, the appointments of the President
to the engineering committee and the finance codttee were
ratified, confirmed and approved.
The Chairman stated that he thaught it would be ad-
visable at this time for the Board to declare by resolution
its intention to annex the corporate area of the District to
the San Diego County Water Authority and to The Metropolitan
Water District of Southern California. Thereupon, upon motion
of Director Kelly, seconded by Director Rogers and carried by
the following vote: I Am : DDRECTORS ROGZBS t ZAHLXR, WALD, FRY and KELLY
NOW: DIRECTORS NONE
ABSENT: DIRECTORS NONE
the following resolution was adopted:
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€WOWTIOX NO, 2
RESOLUTION OF THE BW.D OF DIRECTOM OF CULSBAD MJNICIPU WATER DISTRICT DELARING
ITS II?TENTION TO APPblY TO THB BOUD OF DIRMJTORS QF SAN DIEGO COUNTY WATZR BTHORITY AMI> TO THE BOARD OF DIRECTORS OF THE BBTRO- P6LITAN WATW DISTRICT OF SolTTH’%RN CALIFQRNIA FOR.CONSBKT TO ANRMTO SAID SUI DIEGO COlJNTY WATER ADTHQRITY AND TO SAID THE METROPOLITAN WATER DISTRICT OF SWTRWN CALIFORNIA TEE CORPORATI3 AREg OF SAID CARLSBAD ElrJWTCIPBJ; VA!lXEi DISTRICT ,
A, WHEREW, Section 9.5 of the Metropolitan Water
District Act of the State of California, as added to
said Act by California Statutes 1953, Chapter 282,
approved by the Governor, and in effect, April 17,
1953t provides that the governing body of any munici-
pality (as such term is defined therein) may declare
its intention to apply to the board of directors of
any metropolitan water district for consent to annex
to such metropolitan water district the corporate
area of sueh municipality as such corporate area ex-
ists at the time of mking such declaration of inten-
tion or as such corporate area will exist upon the
conclusion of proceedings referred to in paragraph (c)
of said Section 9.5 for the annexation to any city of
territory within such mnicipality ija a manner that
would result in automatic annexation of such territory
to such metropolitan water distrlct upon the consumma-
tion of the annexation of such territory to such city;
and
33, %?HERUS , it appears to the Board of Directors
of the Carlsbad hnicipal Water District that this
Board of Directors should invoke the provisions of
said Section. 9.5’ of the Metropolitan Water District
Act and should proceed in accordance therewith;
C NOW, TEEREFORE, BX IT RESOLVED , that the
Board of Directors of Carlsbad bnicipal Water District,
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pursuant to the. provisions of said Section 9.5 of
the Metropolitan Water District Act, does hereby de-
clare its intention to apply to the Board of Directors
of San Diego Ccmnty 'ater Authority aad to the Board
of Directors of The l.Ietropolitan Water District of
Southern California for consent to annex to said San
Diego County Water Authority and to said The Metro-
politan Water District of Southern California the
corporate area of said Carlsbad Municipal 'Water Dist-
rict, as such corporate area exists at the time of
making this declaration of intention or as such cor-
porate area will exist upon the conclusion of proceed-
ings referred to in paragraph (e) of said Section 9.5
for the annexation to any city of territory within
said Carlsbad Municipal Water District in a manner
that would result Frl the automatic annexation to said
The Metropolitan Water District of Southern California
of such territory now within said Carlsbad Municipal
Water District upon the consummation of the amexation
of such territory to such city and the concurrent ex-
clusion of such territory from said Carlsbad Municipal
Water District; and
D. 33 IT FlJRTHBR RBOLVBD that the Secretary be,
and he hereby is9 directed to certify copies of thzs
resolution and to file immediately such certified
copies of this resolution with the Board of DiPec'cors
of said San Diego County Water Authority and with the
Board of Directors of said The Metropolitan Water
District of Southern California .
The President stated that the public authorities and
officers in San Diego County had been extremely courteous and
eaaperative in helpfig the praponents of the Carlsbad Municipal
Water District cornplete the organization of said District,
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and suggested that a letter be sent- expressing the apprecia-
tion of the Directors for their cooperation.
Upon motion of Director Zahler, seconded by Director
Ewald and unanimously carried, the Secretary was instructed to
send letters expressing the appreciation of the Carlsbad Muni-
cipal Water District to the following, for their cooperation
with and courtesy to the District: to the Boundary Commission,
Robert Henrich, the Board of Supervisors, the County Counsel 9
County Assessor, County Recorder, County Clerk, and the Clerk
of the Board of Supervisors, and the Registpar of Voters, dl
of San Diego County; and to Mr. William R. Jennings and Mr.
Richard S. Helmgren of the San Diego County Water Authority;
to Mr. Robert V. Diener and Mr. C. C. Cooper of The Metropoli-
tan 'Water District of Southern California; and to the Secretary
of State of the State of California.
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I The President then stated that he thought it would be
advisable'to elect a Vice-president and an Assistant Secretary,
and thereupon, upon motion of Director Rogers, seconded by
Director Zahler and carried by the following vote:
AYES : DIRETORS ROGERS 1 ZAHLER, WALD and FRY
NOES: DIRECTORS NONE
DIRETOR KELLY NOT VOTING THEREOM
Allan 0. Kelly was appointed and elected Vice-president of the
Carlsbad Municipal Water District, to serve during the pleasure
of the Board and until his successor is elected and qualified.
Thereupon, upon motion of Director Rogers, seconded
by Director Kelly and carried by the following vote?
AYES : DIRECTORS BOGIBS 9 %A€iLBR, FRY and KELLY
NOES: DIRECTORS NONE I DIRECTOR WALD NOT VOTING THEREON
Maxwell 0. 'Euald was appointed and elected Assistant Secretary
of the Board and of the District, to serve until his successor
is appointed and qualified.
0-18-
Upon motion of Director Rogers, seconded by Director
Kelly and unanimously carried, the Secretary was instructed
to request the Carlsbad Public Utility ;fd%strict to turn over
to the Carlsbad Municipal Water District any and all finds
which it might have in its possession. I Upon motion of Director Zahler, seconded by Director
Ewald and unanfmously carried, the proper officers of the
District were instructed to make inquiry of the Vista Irriga-
tion District and the City of Oceanside relative to the possi-
bility of obtaining water from said District and City, or the
possibility of using the lines of said City and District for
the transmission of water to be purchased from the San Diego
Caunty Vaterr hthorlty.
After some discussion, it was decided that the
meeting should be adQaurned, and upon motion of Director
Rogers, seconded by Director Kelly and unanimously carried,
it was ordered that this meeting be adjourned to March 30,
1954 at the haur of 7:30 p.m., at the office of the District
at 601 Elm Street, Carlsbad, California,
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Carlsbad, California Piarch 23, 1954.
(To the Directors of Carlsbzd I4unicipal 'dater .District: .iddressed individually to each of the direc-bors below)
Dear Sir:
I You are hereby notified that there will be a meet-
ing of the Board of Directors of the Carlsbad Xunicipal '{dater
District on $Jednesday, i4arch Zl+, 1954 at the hour of 8 o'clock
p,m, at the office of the Zarlsbad Kunicigal Water District
at 601 Elm Street, Carlsbad, San Diego County, California,
for the purpose of organizing the Board of Directors; electing
officers; passins an Ordinance designating the day on which
regular meetings will be held and prescribing the notice to
be given of regular and special meetings; qualifyin? the dir-
ectors for long and- short terns by lot: authorizing the filing
of a Declaration of Intention and application to have the cor-
porate area of the 3istrict annexed to the San Diego County
I'i'ater Authority and The Metropolitan ';dater District of Southern
California; and to transact such other business as may be re-
quired to be held at the first meeting o€ the Board of Directors
of the District,
t
is/ William W, Rogers
/S/ Patrick 3. Zahler
/s/ Kamvell 0. Zwald
"
/s/ Allan 0, Kelly
To: Williain N. Rogers, 1148 L8.s Flores, Carlsbad
Patrick E, Zahler P.O,Box 465 17
14axwell 0 , Ewald 3206 Carlsbad Blvd. 1Y
Billy C. Fry b38 Tamarack St. P9
Allan 0. Kelly P,O.Box 54-2 91
t
(LZTT~>H;;~~
of the
COUNTY CLEXK
3;gq J-J-Z;sQ CgTJNyy Of
Karch 23, 1954
1%". Billy C, Fry, 4-39 Tamarack St., Carlsbad, Calif.
I Dear Nr. Fry:
There will be a meeting of the officers of the
Carlsbad Xunicipal Water District at 601 Elm St., Carlsbad,
California, at 8 o'clock p.m., Piarch 24,, 1954.; and all members
are urged to attend. This is an important meeting,
"
Sincerely,
Is/ R.B. James
Clerk of 'che County of San Diego.
To each of the directors: r;Jilliam X. Rogers, 1148 Las Flores, Carlsbad Patrick E, Zahler, P.O.Box 465 Yt
Maxwell 0, Ewald 3206 CarlsSad Blvd. tr
Billy C, Fry 4-38 Tamarack St. tT
Allan 0. Kelly P,O.BOX 542 Tf
I STAT2 OF CALIF,'JENIA)
) SS CI~IJNTY OF SiW DIAGOj
WILLIAM W. BOGERS, being first duly sworn, deposes and
says: That he served a copy of the attached notice on each
of the five dirzctors of the Carlsbad- Municipal '5jater District
on the 23rd d-ay of March, 195l!., at 4:30 p.m.
__
(2L & c7w
/si William V. Rogers
Subscribed alrd sworn to before me
this Z3rd day of ldarcl?, 1954.
Dorothy C. Cathrey Notary Public in and for said Cmnty and State.
I