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HomeMy WebLinkAbout1955-02-15; Municipal Water District; Minutes35 I? r /. \, " L. Bine is corning just east of CaLavera Lake, and from our standpoint in the District, the area that is going to use the most water is apparently going to have to use pumped water, Director Rogers said that he had talked to-Mr. Short, engineer for Boyle Engineering who are representing -~ -the Carlsbad Municipal Water District, and asked him whether it could-be brought closer, HIS esiirnat; of the cost is a little over $5,000,0bO~9 and-based an &the capacity the pipeline - c. q Y r: r - %, c r ,~ .. r , ,- B . 1 , I ,< A?,. ,L .. . ,_ cr -c -? v c - i' ,c I- " " r n ~, - will have, he figures $50 an acre foot, Director Rogers asked whether the Corniany has any thoughts- OrrrecornmeHdations they would like to rnake'.as to where the-linezsught to'. go, and said that the Company should be taking more interest in the matter, Cirector Anthony then left the n?ee-ting-. .- ,. , r r,.' - s ?' 7 " Q u. . ~ - 3 - ~ ~ ~. i v r , .. I, ~ 0' q v I_ -, I. ~ .- ~~. . L LI r2 There being' no-further business to-cone before the Board, upon p~t.rzper motion; correctly seconded, tHe-meeting was adjourned at 5:30 P. Me ,,- q r " c v /. r. *- c -, r .- r .: , ,.,- c. I ,.' , ., ,. / II 1.' n- /- ~ ,\ -. K r r " \~ MINUTES OF THE REGULAR MEETING of the -> . , BOARD OF DIRECTORS ,-, "! v - ' h' c of ".the r ,.,- - -, ,. - c WRLSBAD MUTUAL WATER COMPANY Regular Meeting . \. - The regular meeting of the Board of Directors of February 15, I 11955 ," " - the Carlsbad MutualaWater Company was held 'i'n'the office of the Company in the City of Carlsbad, Countycof Satidliegoo r, . ' ,. ,- State (of .California or3 Tuesday, FebruaPy 15, 1455 at ltOO P. M. r Ed 'G, Hagen C, A. Anthony W, W, Rogers TI, R, Robinsdni' Alss presePlt ;wer6 C, E, Tryg9, Secretary, Mr. Fa2 :of the"Carlsbad q, C, He Ingels . : Directors' \ -, 2, Journal and' Maribee Balcom, c' stenographer; P L. " 356 The Chair called the meeting to order at 1:03 P. M. Minutes The President stated that if there were no corrections or changes, the minutes of the Regular Meeting of January 18, 1955, would stand approved as written. Director Rogers d&the following changes made: reqdested that Subject: Oceanside water meter:in paragraph following quotation from Manual of Water Meter: Quote: "**such foreign matter caught in the meter would cause it to over-register," Add %r. 'under- regisfer," Same subject: following page, paragraph 3. Add: "50 that it could be forwarded to Oceanside by the District without modification, because some of the conclusions were critical of Oceanside,rl Subject: Proposed 1955 Budget to be Financed by Assess- ment & Depreciation: In the 23rd paragraph, second sentence change the words "entire budget" to "Entire list of expenditures,1t Subject: Managerrs Pay Increase, Delete approximately two pages of comments by Directors, Wlr.Trygg and Mr. ,. Byrl Phelps, engineer. Subject: Motion 55-94: First section "* * "for use by the Manager," Add "and the Company,'I The President then stated that if the minutes as so changed were acceptable, they would stand approved. Hearing no objections, they were approved, InvoicesI Director Anthony then moved, seconded by Director Rogers and carried unanimously: , ., ?, 8 'r 55-95 - '"BE IT ORDERED that the invoices for January, 1955 in the amount of $8,525.27 be appm.wed.'t. ,. T, Bruce Smikh, attorney, then entered,the meeting. (" Stock ~ Attorney Sm.it.h ,presented his letter of February 15th, ~ Transfer Procedure which letter is made part of these minutes, explaining that the By Laws 'would permit ssock once made appurte- , ,- P nant to land to-be releasedrbyptwo means qr.1~. 1st; Action by the Board of Directors taken by the resolution of the majority of the i, . .. ... T. BRUCE SMITH ATTORNEY AT LAW 580 ELM AVENUE GARLSBAD, CALIFORNIA 3: ~ TELEPHONE 7655 February 15, 1855 Carlsbad Mutual Water Company Carlsbad Caiifornia Gentlemen: Pursuant to your recent request for the manner in which stock is removed from its appurtenancy to land, and the manner in which it is then made appurtenant to land, the following opinion is submitted: Stock that has been once made appurtenant to land can be released from such appurtenancy by two means only, to wit: I, Action by Board of Directors taken by the resolution of the majority of the entire Board; 2. Sale of stock for delinquent assessments shall also serve to free stock from its appur- tenancy to land, without any board action being taken. Stock that is non-appurtenant to land may be located .. .... .,.I.... ..,"""*/ ..b' upon and made appurtenant to any other land within the service area of the Carlsbad Mutual Water Company by action of the Secretary, provided that there are adequate service facilities upon the land which is proposed to be appurtenant with the stock, If these are no adequate service facilities upon the land proposed, then the Secretary may not make any stock ap- purtenant to such land, and such land can only have stock ap- purtenant by action of the Board of Directors. The foregoing opinion is digested from the general context and tenor of Article XV of the By-laws of the corporation. The foregoing opinion relates only to transfer of stock, and is not intended to create any entitlement for service except with due compliance with the By-laws, rules and regulations of the Carlsbad Mutual Water Company that relate to service entitlement. Respectfully submitted, T. BRUCE SMITH TBS :ma 3 .. 3 entire Board;' and 2nd, stock purchased for' delinquent assessments is automatically' freed from its appurtenancy to land without any board action being taken. Stock that is non-appurtenant to land may be loGated upon and maae appurtenant to any other land within ., .~ .- ^^ ~. - ,. c i ,. the 'service area ok the Rutual' provided there are adequate service -, - ' C' ~r - r nI facilities available. 7 Director Roge5s then recommended a'.change ~i; the By laws to .. .~ . ,. ** ,~ ,- - .. '. c," allow the Manager' to orser transger of stock when 'land is over- .. . f' stocked. Also he would like a change in tli; By Laws in Article XVI which woulk permit the fransfel- of stock without the payment of assessments already ievied upon'them but not yet delin&ent, ,. He said: "According to the way the By-Laws now read; I wou'ld *have ,. .. -< ,* \< - ,. . ,~ , to pay assessmeAi on 24 shares I have just purchased before they I," could be' transferred to me." _I - -e - (-- - .- v .-. ~ " . ' Director Ingels remarked that pprope?ty taxes levied upon property were edllected through escrow,. but Director Rogers said while they were prs-rated 'through escrow, they were' not paid unless delinquent, . .* , " n ~ ,^ , I\ Director Rogers moved, seconded 'by Director Robinson and rr " ?, -. ,. . Carrie6 unanimousiy: '_ ' "BE If OGERED that Section XVl of the By:Laws of the 55-16 Caxlshad Mutual Water Gompany be. changed to a-uthori.ze the Secretary without reference to the Board of Directors to transfer stock where it does not result,in leaving -* any land understocked," Director Rogers then moved, seconded by Director Robinson .c rI r and carried' unanimously: ' . ,. .- "BE IT ObERED tKa< Section XVf of the 'By-Laws of 'thd 55-17 Carlsbad Mutual Water Company be changed so th?t the words "remains or .is unpaid" be deleted and the word * "delinquentyy be substitutede? ., Attorney Smith reported. on <the suit for Adjudication San Luis .Re Adjudicatio of the San Luis Rey that it is Mr. EberharclPs intention to $33 have this matter referred .. to the Pivision of Water Resources,, It was first plarqed tg have it set for February but it has,\been delayed, The,Superior Court of San Diego will take the matter up , , some Thursday soonl, ~- Everyoge.:that has been contacted seems to be, <, q - .. .. * ,, .< 8,- n ,. - , - ,_ . ?- ., 71 , Y ^r r- ,_ - -, I " 6 favorable I\ L n I ?award . ~ having the - I matter -. adjudicated, ., although, of CQU~ICS~~ q .. - we have only contacted the Barges: owners. - ~ - Directqr fiogeSs inquired whether,the Sl2,OOO we are " A- i- L \I going to put r up is the full-amount of-the cost of the,suit or . , whether it is just our shareb 2: ul .. , ,, -r r- ' .,\ , - , ^, , - - - (' .,, Attorney Smith replied ::hat a certain portion of these c " r 3 costs can~.be recoyere4 by the,Water Company-ig,%case the suit is, successflJl. .Just to serve, x<- /. the complaints will require the hiring of several individuaTs ,I for c, a two months period, That cost would be a part of the Court costs which could be recovered by th,e. IVater,~ Company. Other as,pects of. the cost could ,be recovered,.by the -Water Company, but the att~orney- c - I. fees would not be .recoverable. (- * _. < jI 2- ,e " P ,-. -* >. " v rc -, q C' :; L A, ,_ - The Directors-agreed tha,t they would like to have c c ,. r. - r -- - Attorney Eberhard come to Carlsbad for the next Board meeting and for the Annual Shareholders Meeting, ~ /. i . 0 _,., -. \ <, . v. c ,- p ,\ ,. Director Ingels inquired whether there is- any connection between the San Luis Rey Conservation suit and the adjudication sutt, and Attorney P- Smith <replied ,- I - ,~ th'at .h@ < t?ninks <. I. ~ ~ probably the 'Adjudication i- ~ *_ ,, d n ' 3- .- c c' ,\ suit would clear up the other 'suifs. '' r ,c - Walker Regarding, the suit we started against Johnson on the Johnson j ., - p :, c i, ,. " I Suit roads, Mr. Eberhard has had a request from Mr. Johnson /- . rr ?" -. - to d,rop the matter without pradjudice. Mr. Johnson has /-. .f r -- sold the land. ',Attorney:Smith s_Cat^e_d that the dismissal of the ,,< Walter Johnson suit would not prejudice is, as -we would still have the right to fire s&t against the 'netv owrkrs, " ?., ,, ~ I, 1- 3 i' : ,.- r - i\ 360 Director Rogers moved, seconded by Director Sobinson and :arried unanimously: "BE iT ORDERED that the suit of the Carlsbad 55-18 Mutual Water Company against Walter Johnson be dismissed without prejudice. The following stock transfers were presented to the Stock Transfers 3oard for action: Elizabeth Radford,1.000 share on Cert.#10606 Radford to to be transferred as follows: 0:500 shares to Madding and Eleanor Madding,a single woman,and 0.500 shares Gielish to Clarence A. 8 Concepcion L.Gielish,HW/JT. No release from pledgee and no certificate presented. In this case, the pledgee will not release the stock certificate. LTpon inquiry, Attorney Smith said that this has happened before in the Water Company when for some reason the old certificate is not surrendered so that a new certificate may be given. In this particular case, "A" sold to ItBrf, and "Ar' took back the mortgage, holding the stock certificate as pledgee. Later on, "B1' sold to I1X1' and trY1f and wanted the water stock changed, but "A" would not surrender the stock certificate so as to make the transfer. The Zivil Code says that whenever water stock is appurtenant to and it can be shown to the Secretary of the Corporation that there nas been a bonafide transfer of the land, then the Secretary can transfer the water stock. Mr. Smith feels that the Saw provides for it, but does" not want to have Mr. Trygg transfer it on his (Mr. Smithls) say-so because sometimes Mr. Smith is on the other side, He stated that the stock MUST show the same pledgee. Cancel 3ut the old Certificate and issue two new certificates showing "A" 3s pledgee, which certificates must be sent to 11A1i. This will result in the pledgee having just as much stock as he had before, Dut he will have two certificates instead of ones Director Rogers then moved, seconded by Director Robinson and carried unanimously: 351 55-19 BE IT ORDERED that the Secretary is hereby authorized and directed to cancel Water Stock Certificate #lo606 for 1.000 share in the name of Elizabeth Radford, showing James B. Hamilton as pledgee; and BE IT FLRTHEF. ORDEREI) that he reissue two certificates in its stead, both certificates showing James B. Hanilton as pledgee, one certificate to Eleanor Madding a single woman, for 0.500 shares and the other to Clarence A 8 Concepcion L. Gielish, husband and wife as joint tenants for 0,500 shares; and BE IT FURTHER ORDERED that the Secretary is hereby authorized and directed to send both certificates to the pledgee, James E3. Hamilton. The reporter from the Oceanside Blade-Tribune then entered the meeting* Tizarro Director Rogers then moved, seconded by Director Robins to Pizarro and carried unanimously: 55-29 BE IT ORDERED that the Secretary is hereby authorized and directed to transfer 0.210 shares of stock on Cert. $8817 in the names of B. Ortega and Sally Ortega Pizzaro with Narciso and Estefana Patron as pledgees, to said B. Ortega and Sally Ortega Pizarro without pledgee, Request for transfer accompanied by release of pledgee's rights signed by Narciso G. Patron and the death certificate of Estefana Patron. Novak Director Robinson then moved, seconded by Director. to Novak Anthony and carried unanimously: 55-21 BE IT ORDERED that the Secretary is hereby authorized and directed to transfer 0,200 shares of stock on Cert. .#8626 in the names of Frank and Mabury A.Novak showing Anna S, Nehring as pledgee, New certificate to be in the names of Frank and Mabury A, Novak, showing Continental Auxiliary Corporation as the pledgee. Application for transfer accompanied by death certificate and pledgee release by Executor of the will of Anna S. Nehring. Secretary Director Rogers then moved, seconded by Director authorized to reissue Robinson and carried unanimously: certain stock 7-7 33-22 BE IT ORDERED that the Secretary is hereby authorized and directed to transfer the remainder of the stock on the agenda for the Regular Meeting of February 15th without further Board Action, as per Motion 55-16, which stock consists of 5b, South Coast Land dL ")F Company to Rodriguez, Becker and Mitchell to be made appurtenant to Carlsbad property, the re- mainder-to be reissued to South Coast Land Co. to Yourell, UNASSIGNED. , ,. .: i' 3 . ._ UNASSIGNED; and 5c, Yourell to Potter, balance Correspondenc Letter from California Mutual Water Companies California Association stating that their scheduled Mutual Water meeting at Riverside has be'en cancelled. Co . .AssT n Two letters from the San Diego County Hater s. D. County Authority, one showing 75 feet of water in Water storage for the Carlsbad Municipal Water Dis- Authority trict in San Vicente Reservoir; the other one announcing a meeting on February 17th at 7:30 P. Me when the attorneys will discuss the Feather River project. . Letter from the City of Oceanside reporting City of that T-est Well f13E was 28.00, or -7.29 below Oceanside sea . level . Letter from Fallbrook Public Utility District L Fallbrook stating there was no diversion from the San Pub.Utility Luis liey River during January, 1955. Letter from the Department of Veterans Affairs Department 01 regarding payment of assessments. Veterans Af f q The Manages recommended that it would be best, both as to cost and public relations for the Company to issue new certificates showing the veteran as owner and the Department as pledgee, Director Rogers moved, seconded by Director AEthony and carried unanimously: 55"23 BE IT ORDERED that the Manager is hereby directed and authorized to issue new certificates showing the Veteran as owner and the Departmefit of Veterans as pledgee, such transfer to be made without charge when the old certificates are received froin the Department of Veterans. 'Fieport from the Weather Modification Corpora- Weather tion, Ordered .filed. Modification The Manager stated that several persons have Sale of Company stoc been in the Office inquiring about the purchase of the water stock which the Company bought in during the sale of stock for q?-q di3d delinquent assessments. Some wanted to bay it to assign to their own property; others wished to hold it unassigned. After some discussion, Director Rogers moved, seconded by Director lngels and carried unanimously: r- .- 33 - 24. BE iT ORDERED that the Manager is hereby authorized to sell Company stock at the book value as of December 31 , 1954, Oak Street The Manager reported that he had told the shareholders Pipeline Agreement on Oak Street east of the Freeway between the property of Shareholder Wharton and the Freeway that i€ they would pay for a 6" line, the Company would install an- 8"'line; also that we would begin construction when SO?? of the money is in. The Company is to pay the-difference between the cost of the 5" line and the 8" line. Mr. Trygg stated that this agreement had been tenta- tively- approved by the Board of Directors at an earlier date, but he was presenting this matter now in order that the Board might y again express their desires in case there was any change in policy. The Directors discussed the matter and expressed their approval of the agreement, Ocean The Manager said that there is no pipeline on kean Avenue between Grand and Elm, We have no tie-in betweeA Granville Park and the Palisades. There is just one old 4" line up on the highway. The Manager reported that he had told Mr. Morris and Mr. Becker that the Board's attitude has been that they would authorize the Manager to proceed when one half of the cost of a 6'' line was in the possession of the Company. A11 parties connecting to the line later will pay a fee according to the Rules and Regulations. The money is in escrow. Director Rogers moved, seconded by Director Anthony and carried unanimously: 32 BE IT ORDERED that the proper officers of the 55--25 Corporation be and they are hereby authori.zed and directed to execute a pipeline contract to cover the installation of a 6 inzh pipeline on Ocean between Grand and. Elm; and BE IT FURTEER ORDERED that the Manager. is directed to install said pipeline when money has been received by the Company covering 5cPA of the cost of said line. The Manager presented the laboratory reports Laboratory 1 ': : Reports of Dr.. Carl Wilson. Everything was good except one sample of raw water taken January 26th. The samples are bec*oning better, the Manager stated, because we are getting more chlorine in the water. The County is taking' half a dozen checks per week, $!e are getting chlorine downtown and we are Chlorine getting it on Highland, but it is notxarrying through No.3 Reservoir or Ellery. Director Anthony reported that the City is just Elm Avenue waiting for the plans to advertise for bids on the paving of Elm Avenue, The Board authorized installation of the new pipeline several months ago, Cirector Robinson moved, seconded by Director Anthony and carried unanimously: BE IT'ORDERED that the Manages is hereby 55-26 authorized and directed to proceed with the installation of the 6 inch line on Elm from Roosevelt to 'che Freeway as soon as the City is ready. The Manager stated that the Schramm Conparay had Air Compressor sent their representative to Carlsbad, and that he had examined the old compressor and said that it would not cost more than $200 to fix it. After the17 had. received it in Los Angeles, however, they telephoned back that it would cost $420 to repair it. If we.buy one the same size as the old, it would cost $2200 and they WGU~C! allow $400 in trade. Their figure for repair includes overhauling the old one and reboring the block. 0- a ab5 Director Robinson moved, seconded by Director Anthony and carried unanimously: 55-27 BE IT GRDERED that the Manager is hereby authorized and directed to proceed with the repair of the old compressor. Manaqer's Report on Expenditures: Leaks The Manager reported that we have had so many leaks this month that we haven't been able to .do much work.^ We had 21 leaks. Today we have had two leaks on the mainline,- the section from California north to Grandview, which was put in in 1946.- This section is concrete with chicken wire for c reinforcement; has no steel shell and is of rigid construction so that if +it moves, it breaks. We also had 7 leaks on Highland Saturday, carlsbad The Manager said that.Gallinger brought his money in Estates but we hav e had to wait until the sewers are in 'before starting our pipeline. We have the pipe and have ordered the fittings, Gallinger paid for all the pipe which is now in the yard. N evv Mr. Trygg said that we have ordered two automobiles Cars and planned to pay for them on the time plan, The cars have not been delivered yet, It will take a,month for delivery on the Flymouth and two weeks on the Chevrolet, The Security Bank will give a lower rate on the Time Plan than AM or any of the other financing companies, Work There followed a general discussion of the work to be done on Maple, Adams9 Oak, Harding and Grar,d, Erector Rogers moved, seconded by Director Anthony and carried unan- imously: 3fj[ BE IT ORDERED that the Manager is hereby 55-28 authorized to make expenditures of $6,000 in' addition to the $10,000 authorized in Jamary, for the purchase of materials and labor for priority work. Mr. Trygg reported that we have ^obtained the school Annual Shareholders auditorium for the night of the third Tuesday in March, Meeting which is March 15th, Erector Rogers moved, seconded by Director Ingels and carried unanimously: BE IT ORDERED that the Manager is hereby author- 55-29 ized and directed to cause tG have printed 2350 copies of Notice of Annual Shareholders' Meeting with blank proxy cards attached; and BE IT FURTHER ORDEXED that the names of all "the Directors as well as a blank space be inserted on the proxy card; and BE IT ALSO ORDERED that the Manager is hereby directed to cause to be mailed to each shareholder -at his last known address proper Notice of the Annual Shareholders' Meeting, with blank proxy card attached.. Director Anthony then Left the meeting, The Manager said that he had talked with Mr. Carne Security Bank Loan concerning our $20,000 loan which is due on the 20th. The Bank is interested in getting the interest. Our finances would probably permit paying $5,000 on the loan and the interest which is due, pirector Rogers moved, seconded by Director Ingels and carried with four ayes, Director Anthony being absent: BE IT ORDERED that the Manager is hereby author- 55-30 ized and instructed to pay $5,000 on the principal and also pay the interest on our $20,000 loan from the Security Trust & Savings Bank of San Diego, Carlsbad branch. The Manager reported that Mr. Browning has been Pacific Mutual Loan very ill but is improving and hopes to have his report Proposed finished soon, He plans on having the representatives of the insurance company go to his home to see him. Normally the insurance company plans about two months between the time they au I get the report and the time they decide on the loan. Director Robinson stated he would like to have the matter pushed. If Mr. Browning is ill, maybe the report is far enough along,so they can get the thing started. Water Director Rogers said that he would like to have the Rates minimum on our water bills lower on the first 1500 feet, Director Robinson replied that he thinks we are going to have varying opinions on the matter of lowering rates, There follonred a general discussion'of water rates in Rlutuals and in cities, Highland The Manager brought up the subject of cleaning and re- lining the Highland Avenue line, This would amount to roughly $5,000 out of the assessment money, This -is the low pressure line from Chestnut to 82 Reservoir9* varying in size from 14 inch to 18 inch, Director Rogers ITIQV.~~, seconded by Director Robinson and carried with four ayes in the absence of Director Anthony: 55-34 BE IT ORDERED that the Manager is hereby authorized and directed to order the cleaning and relining of the low pressure line on H-ighland between Chestnut and #2 Reservoir, with the work to start in mid-March and be cornpleted'by mid-April if possible, * Stock Director Rogers stated that he :has purchased 24 shargs ts Lease -of Company stock from the State Highway Department and desires to .lease it in order to encourage the use sf more water in places where it would not involve any obligation on the part of the Board, Proposed Director Rogers discussed the proposed Mater Authority Via t er Authority Pipeline, stating that apparently the Vista Way line Pipeline which had=been proposed has been dropped, It'may be necessary to build a line along Camino Real. He said he feels ..- -. . c i the District ought to run a line along the whole length of Camino Real, possibly as far as North Carlsbad, Eiscussion x followed . There being no further business to come before the Board, on motion by Director Ingels, properly seconded, the meeting was adjourned at 3:40 P. M. Secketarv / L MINUTES OF THE REGULAR MEETING of the of the BOARD OF DIRECTORS CARLSBAD MUTUAL WATER COMPANY The regular meeting of the Board of Directors of Regular Meeting 1955 the Carlsbad Mutual Water Company was held in the office March 15 of the Company in the City of Carlsbad, County of San Diego State of California on Tuesday, March 15, 1955, at 1:OO P.M. E. G. Hagen C. H. Ingels Re R. Robinson W. Ill. Rogers . C. A. Anthony Directors Present Also present were C. E. Trygg, Secretary, T. Bruce Smith, Attorney, reporters from Carlsbad -Journal, .Oceanside Blade-Tribune and San Diego Union, and Maribee Balcom, stenographer. President Hagen called the meeting to order at 1:07 Minutes P. M. and stated that if there were no corrections or changes, the minutes of the Regular Meeting of February 15, 1955, would stand approved as written, Director PLogers asked that the word r'Ordered" under "Kinutes" be changed to "requested" so that the sentence would read "Directcr Rogers requested that * * * *Ir The Fresident then stated that if the minutes as so changed were acceptable, they would stand approved. Hearing no objections, they were approved.