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Home My WebLink About1954-11-04; Municipal Water District; Minutes (8). .. ". 2 79 P,F%13;~i\IiT RE NOTI~:I=, @E: SF EZ;lbL l,,hEET ;-I,?.? -L uu I, CJ. E. Tq-99, hereby certify- that VJrit-tcn notice of a Special Meetinc; of the Board or' Directors of the Carlsbad VLutual Xater Compafiy called fbr 9: fJG .5., )<. Thursday, No\rember 4, 195.4, by the President of the Corporation, was de$osited in tl-12 Post Office ai the principal place c?f %up; aLr,ess of the Corporation, postage prepaid, addressed to each 3irector at his last knolr,ln the Director personally, which is net less than thirty-six hours b.tfore the time set for .such rCieeting, acldress on Tuesday evening, r\iover?.ber .- 2, h954., or delivered tc Special meeting on the absve nentioned date was called by authority of Article ><I1 of -the 3y-Laws of the Corporation which provides for Special Xeetings of tke :Sorporation, ""&py;p IO" %creta: x p~>,~4J~~ ()F -7- L~L -c UL SDF"T -LAA.L ,' h'!EZTXNG of tize of the BO.AB3 OF 3IsEcTQF,s 2'i,3L s2pJ ;%,q-TL;A*L y&T EpL C@$F',l)E Pursuant to written notice da-tzd. November 2, 1954 Special ?ifLee",ng. " by authority or' Article XII of the BY L~WS of ~ihe xovernber 4 9 1.954 Corporation, duly- sioned by the Sscretary and certified by him as tc Ixailing or persc;lal delivery not less than 36- hoQrs before the tine set for such neeting, a Special 2\':eetiing of the i Board of Directors of th2 Carlsbad b',ctual %rater Cor?,pany was I held in the office sf the Zmpany i2 the City of Z?rlshad., 'zol;r?ty of 3an Diego and State of California on I\Jo\rerr?,ber 4, 1954 a.;l= 9: QC, jii.;."i. ?-. r:. G, Hagen ?!J, vje ?,ogers L.. r-. E. ingels - ,C. A. Anthony ilirectors Present 9irectcr " 2, kt. "L3ir;Lnson Ab sent :Is0 present were C, Ee Trygg, Secretary-?Aanager, T, 3ruce Smith, ittorney at Law and Maribee Balcon, .stenographer, h 380 Terrarrar kttsrne-y Smith, presented copy of the ;:rcpOsed -., ';I! at e r Cmpany contract between Larlsbad T\'.unicipal 2ater CI District, Carlsbad ){g-i;ual ij!at~r Company and. T?rra;nGT' .?/atSr ?" Zonpazy <for the szle to Terramar of -75 -acre feet of Glavera Lake water to be dunce6 and also the trinsrcission of -Colorado Siiver :'later throqh carlsbad h';u-bual r7ateer Company ,facilities * The Xrectors read ,the contract, alscusseci it 2nd i. made suggestions as to changes and modifications, 2esoluticn Resolution regarding the sale of salavera Lake r. water was also presented by Attorney Srr:i.tlz. This resolution was originally drawn by Attorney kberhai-d. - 7. jlrector F-iogers moved., s t?concled by Director Anthcny and carried. unanirously: 54 - 128 BE IT OWE?bE!J t5at the following Fiesolution is hereby approved and, adopted: 11:; ;~JI-L~IEAS~ ICT) .. ' Carlsbad I!.;utual Xater Zompany now has in storage acyc Con+ L1__ of water, all, or substzntlally all, of ~hich, in j-ts reservoir kT,Oi.AE as Zalavera Lake a;>;?roxkatzly 27'0 in the opinion of -this Soard, is the pro3.uct of the well owned by this "ornpany located. ad.jacent to said lake, to- gether with a small an:ount of run-off frorn Calavera Creek water shed; and 1",'H3?EAS, said water contains such a high percentage of chlorides, that, in tne rjpinion of this Board, it is un- shareholders sf this Company and would ca.use detrirr,ent and damage therefo ; and ""EREAS, this Sompany rrow is able to replace said water now in storage with ,water of a more satisfactory quality from the Colorado River; and "5X:-!E.REASi it: appears to thts Board, in view of the facts hereinabove set fort:ri, that sald water aov;r in storage should 1 npt be delivered to the shareholders of this Company for use on their lands; and "'?3%E?LEA3, this Board has recgived a proposal from Terrmar Yater Company to pcrchase, Seyenty-five (75) aFre, feet of said water So r disposition as Terrama7 ria-{ determine, and to pay to this CrJmpany for such water the sun of @NE TYOUS"W9 FI\IE HUP\iZ?E3 30LLARS (51,500,00), yhiGh ap;=ears to this Elozrd to be a reasor,able price therefore; and l*WEREAS,, if said water is not so sr,ld, it, is, the intention of this Board to cause same to be discharged from said reservoir into the Pacific Ocean, r- sui+""l L4GL.- p L. Lor gse for irrisation 05 the groves and crops of - 281 ' "THEREFORE, BE.IT RESOLVED by the Board of Directors of Carlsbad Mutual Water Company: Ill. That the water now in storage in Calavera Lake is un- suitable for use on the lands of the shareholders of this Company and that the- same should not, and will not, .be introduced into the water lines of this Company for use on said lands; all, of said water is the product of the well owned by this Company adjacent to said lake,, together with a small amount of runroff from the water shed of Calavera Creek; "3, That the aforesaid proposal of Terramar Water Company to purchase said water should be accepted, and that the President and Secretary-Manager of this Company are authorized and directed to ente,r into and conclude negotiations' for the sale of such water to said Terramar Water Company a't a pric'e of approximately ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00), and to.execute any and all- contracts and other instruments.necessary to consummate said sale; ''4. . That this Company does not intend by said sale to, and will not, engage in the sale of water tu the public generally,. nor to create a precedent for any future action by the Company, nor to engage in business as a public utility; I "5, That in event sale and delivery of said water is not negotiated and completed in accordance with the provision hereof, said water shall be discharged from said reservoir and allowed to flow into the Pacific Ocean, so that the full capacity of said reservoir will be available for storage of a more satis- factory quality of water during the ,ensuing winter.months.ll "2. That in the opinion of this Board, all, or substantially Director Rogers moved, seconded by Director Anthony and carried unanimously: BEaIT ORDERED that the Manager is hereby 54-129 directed and instructed to drain,Calavera Lake upon receipt of the funds.from Terramar Water Company for the purchase of 75 acre feet of Calavera Lake water; and BE IT FURTHER ORDERED that after ihe Lake has -been drained, the Manager is directed and in- structed to allow excess Colorado River water to'fall into the Lake as operating conditions demand . The Directors authorized and requested Mr. Mr. Smith t9 attend Smith to attend the, meeting of the Carlsbad Municipal Municipal meeting Yater District to be held this evening, November 4th, to represent the Carlsbad Mutual Water Company, inasmuch as Mr. rrygg must attend another meeting, .- The Manager reported that the City of Roosevelt Street 2arlsbad is about to pave Roosevelt Street between Grand f 52 and Laguna. The -pipeline on this street was installed in 1937 and needs replacement, as it is giving trouble, The pipe is on hand for approximately,IlOO .to 1200 f.eet of this line. The job should be completed be,fore the street is paved. .. Director Rogers moved,. seconded by Mr. Ingels and carried unanimously: 54-130 BE IT ORDERED that the Man'ager is hereby author- ized arid instructed to replace the pipe on Roosevelt Street between Grand and Laguna with 6'' Transit-e before.the City paves it. Letter The Manager read a letter dated October 25, -1954 from c Oceanside from the City of Oceanside regarding possible water ,shortage next Surrimer and the need for storage during the offpeak Letters from Water - Authority regarding Reduction in Off peak Rates season. Directo-r Rogers read a letter from the San Diego County Water Authority to the Carlsbad Municipal Water District stating that a recommendation that the price of water be reduced to $ per acre foot during the offpeak periods and '% during - & the rest of the year will be acted upon at the Water Authority meeting November 18th. Storage Also another letter dated October 29, 1954, from at San Vicente Ms. Holmgren of the Water Authority cancelling all existing orders for storage in San Vicente reservoir as of October 31st. New Orders will be accepted for the next yearly period, at,the rate of $2.50 per acre foot for storage. Director Rogers suggests that if necessary we should have some water in storage in San Vicente. It is possible that the District Board might be able to borrow enough money to put some water into San Vicente but the Mutual would have to pay .- for it, -.- ”.. P< r &k 3iscussion. follcwed. on Calavera- Lake, The L!anagei- Calavera Lake and stated that the average runoff into Calavara Lake has Runoff been 200 acre feet; however, or,e year there was over 500 feet, Director Rogers said he believes that the Lake should be filled completely, rather than tzke a chaace on beinq caught with a partially filled Lake. Xrector Ingels stated that after the 1st of February we will know how much rair, there T,vill be and can then fill the Lake. airector Rogers then said that if we only get a maximum of 100 acre feet per mcnth d.urins the surmer, we will need all the water we can possibly get cut of the Lake, The Manager stated. that he would have the figures for storage requirements ready for the Board meeting GK the 16th, ilirector Rogers s-uggesteci thst Kr. Tryqg prepare figures Storaae Requirements for the P::utzal, Terramar and possible San VLeente storage. Xrector 3ogers suggested that the Ey-LalAfs be Cuorum for Annual changed so tha,t in the .ever,t there is no quorurc a.t the Shareholders PLeeting Annual Meeting, that a subsequent meeting may be held with quorum to consist of those preser?.’, Discussion followed and the Manager was instructed to report on this matter at the next Bcard Meeting, Director Rogers stated that it a.ppears we have :Vat er enDugh water this winter so that we can sell all the Entitlement and Rates water people want, Ee feels it is now time to reconsider the matter of increasing the allowance, lowering the price or changing the excess cost of water. In his opii*Ii,on, the preseRt rate of 20$ is very high, Ee stated that we hope from now on we are going to have water and. we should make some concession either in the quaiFLty of water allowed or in the matter of the J& 0 t. n, Tl *T l5$ rate or. the first 15 units, The Kanager stated that the easiest way of reduciq the cost to the shareholder is to char,ge the entitlement. Sirector 3ogers suggested an entitlement of 1,000 units ~er share for the remaind.er of the year, 2irector Aogers IT'IOV~;~, sec,czded by Xrectcr Ingels and carried unanimously: 54431 EE IT OlrELIERES that the water entitlmen-k be increased on the pro rata basis to 100,000 cubic feet per share per year, effective Xosember 1, 1354; and SE IT F'LRTIJ,ER O3I3ERED that the %les and Xegulations of the Company be anended to read. as follows: . "2esolution No, 7 * * * * -3c Provided, however, that all water used in excess of ~h?e pro rata anount to which the user shall be entitled. by virtue of ownership of stock of this Corporation shall be charged and paid for at the rate of 15$ per 2-00 cubic fee,t of said excess." I " * 3- 11 . There being no further business to co~e before the 3oard, upon l..".otion by Girector Ingels, seconded by %rector Iiogers, the neetlng was adjourned at 1O:OO A. M. ") . I. '/ . " ..,.. . , "" ,.. . . L. 7 L.. ' d :: &/Li'.,' :, > .,. ," . &-.."' Y ' c b\" $resident .~ ! .. MIWTES OF THE REGULAR MEETING BOaRD OF DIRECTORS CAFILSBAD MUTUAL WATER COMPANY Regular The regular meeting of the Board of Directors of Meeting November the Carlsbad Mutual Water Company was held in the 16, 1954 of San Diego and State of California on Tuesday, November 36, 1954 at 1:00 P. M. of the of the office of the Cornpany*in the City of Carlsbad, County