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HomeMy WebLinkAbout1955-04-11; Municipal Water District; Minutesw (:J =" 7 ;r -.. 1- mA 3 MINUTES -OF THE SPECIAL MEETING of the of the BOARD OF DIRECTORS CAilLSBAD MUTUAL WATER COMl?ANY Special Pursuant to notice dated April 5, 1955, by Meeting April 11, authority of Article XI1 of the By Laws of the 1955 Corporation, duly signed by the Secretary and certified by him as to mailing or personal delivery not less than 36 hours before the time set for such meeting; and pursuant to consent and waiver signed by all five Directors of the Carlsbad Mutual kYater Company changing hour of such special meeting from 1O:OO A. M. to 4:OO P. M., a special meeting of the Board o€ Directors of the Carlsbad Mutual Water Company was held in the office of the Company in the City of Carlsbad, County of San Diego and State of California on Monday, April 11, 1955, at 4:OO P. M. Directors C. H. Ingels R. R. Robinson W. TN. 2ogers Present C. A, Anthony Arnold Brilhart Also present were C. E. Trygg, Secretary-Manager, Attorneys Ray C. Eberhard and T. Bruce Smith, Mr. Pai of the Carlsbad Journal and Maribee Balcom, stenographer. I President Ingels called the meeting to order at 4 P. M. Browning The Manager read a letter from Mr. Browning in Report reply to the Company's letter concerning his report. After a brief discussion, the matter was postponed until the next regular meeting of the Board. Pacific At the request of the President, Mr. Eberhard took Mutual the floor and stated that at the meeting with Mr. Harper and Mr. Houston of the Pacific Mutual, they said that they do not think we are now in position to get a - - -.. . r rn p t3 Lit3 loan, There is too much to be done to the system, and it will require too much money at the present time, They think the Company ought to run along for two or three years with comparatively high assessments and put some money into the system so that we may have a better basis for borrowing money. They think the Company hasn't made all the effort it should have made, In past years,, it has not jone enough, They feel that in the past three years, we have done ?retty well, It was before that we were letting things go, until the system has gotten into a condition where it requires more money han can be loaned us, They think we should have a couple more [ears of high assessments which would be better financial manage- nent. At the present time, they do not think there is any possibility If getting the money, Mr. Eberhard said that it seems to him that we should find out 'rom some other loan agencies whether it would make any difference .f we became a Public Utility. He said he would %&XM to the Pacific 'utual about the matter. He also suggested the- possibility of orrowing from a bond company, if$IT i 'c. e Attorney Eberhard said that Attorney Starke has San Luis Rey Adjudication equested that the San Luis Rey Conservation District sit against us be set for trial for May 3rd, but Mr. Eberhard s going to try to have the adjudication tried at the same time the an Luis Rey suit is tried, If the Court denies that, he will make motion for continuance of the SLR Conservation suit, He said concerning the Adjudication that he has-been having a It of correspondence and consultations among the attorneys sepre- mting the different interested parties. They have all agreed to )operate in getting the report from the Division of Water Resources, ? said Mr. Starke is opposed to the Division of Water Resources, ~- Jd 2 ~ i‘9 (7 but Mr, Eberhard is inclined to think that the attorneys will outweigh Mr. Starke very seriously, Pending Mr. Eberhard then discussed some of the pending Legislative Bills Legislative bills. No, 2908, the Replenishment Bill, he stated he would be glad to get behind and push if the Directors wished him to do so. He said that he is in favor of this bill, He also discussed No, 1538, the 5an Luis Rey Authority bill which he said has never been a going concern but someone in the future might want to put some teeth in it and keep it. It would then become dangerous, Also No, 1539 which would permit the San Luis Rey Con- servation District to acquire underground water rights, Mr. Eberhard thinks this bill shouldj be opposed as vigorously as possible, He suggested - that the Board of Directors adopt a r, !2 ’” li -7 resolution against No,]1538 and NL71539 and send it to Mr. Hegland . Director Robinson moved, seconded by Director Anthony and carried unanimously: 55-43 BE IT ORDERED that the Board of Directors of the Carlsbad Mutual Water Company hereby ex@ esses it,s2disapproval of the pending bills No’,, F 1538 and No,/1539; and BE IT FURTHER ORDERED that a letter be sent to Sheridan N. Hegland, Assemblyman for the 77th District, telling him that we are definitely opposed to the passage of either or both of these bills , Director Robinson moved, seconded by Director Anthony and carried unanimously: 55-50 BE IT ORDERED that the Board of Directors hereby approves the passage of Replenishment Bill@Z% 2c)Dg; .. " 5; Mr. Eberhard, Mr. Smith and Mr. Brilhart then left, the meeting. Director Rogers then brought up the matter of' a Delinquent Bills delinquent bill in the sum of $50 which one of our shareholders had recently received. There followed a discussion of procedure when tenants allow water bills to become delinquent. Director Rogers said that if the owner is living in the house, some delay might be all right, but that when there is a tenant, notice should be served as soon as the :bill is delinquent, He stated that he wished to protest the Kirmse bill. The Manager said that he would official authority from the Board to change the whole procedure, Director Rogers then moved, seconded by Director Anthony and carried unanimously: WHERUS, in the past there have been a con- 23-51 siderable number of shareholders who ha.ve allowed their bills to become delinquent; and WHEREAS the amount of the penalty heret.ofore added to delinquent bills appears to be insuf- NOW THEREFORE i3E IT ORDERED that the following amendments be made to the Rules 8, ReguLations of the Corporation: P-T n ficient to cause the shareholder to pay such bills: I, . ,. "Me RENDERING BILLS, As soon as practicable after the date of meter reading, the Company will mail or deliver to each consumer at the address given the Company by the shareholder, -tenant or agent, a statement of the bill for the period between the date of last meter reading and the date of previous meter reading, which hill shall bear the date of the last meter reading." "#24. DELINQUENT BILLS, All water bills shall be due and payable upon presentation. Bills shall I be paid within 20 days following the date shown on the bill, If not so paid, a penalty charge of 1oo/o per month on the unpaid balance of each month's unpaid balance, or 50$ per bill, whichever is greater, may be added to the bill, Water service c9 p$ ;; “3 / may be discontinued without notice to either the consumer and/or shareholder if the bill is not paid within 20 days following the date shown on the bill.*’ Director Rogers then movedl seconded by Director Anthony and carried unanimously: 55-52 WJ3ERWS .in the past it appears that due to the transient nature of tenants occupying property of shareholders that in some cases the tenant has moved without payment of the water bill and that such non-payment of bill has caused concern both to the shareholder owning the property and to the Mutual Water Company; NOW THEREFORE BE IT ORD€BE;D that if a water bill owed by a tenant is not paid by the time of the issuance of the succeeding bill, that the owner and the tenant be notified that unless the bill is paid within ten days that the water service will be discontinued without further notice,” There was a discussion of exceptions to these rules and regulations in the case of certain owners at certain times and the Manager was authorized to use his own best judgment, Stock Director Rogers requested the approval of the Board Transfers to transfer temporarily 12 shares of stock from the Tarry-Rogers Hooker- Watanabe were transferred permanently, there would be a charge to Carlsbad area into the Ellery inclusion area. If it of $70.00 per share. Director Rogers is leasing the stock for one year and three certificates will be necessary, or a total cost of $7.50. Director Robinson moved, seconded’by Director Anthony and carried unanimously: - 215.-53 BE IT ORDERED that the-temporary leasing of 12 shares of stock from the Carlsbad area into the Ellery inclusion area for one year be approved, the total cost to. be $7.50 for the, three certificates involved. 1 Request from Chassie 3. Chapman accompanied by Chapman Af€idavit of Lost Certificate #8630 €or the re- to issuance:...of certificate in the same number of Chapman shares, but without pledgee. Approved by the Board. Request by Cleofas & Joefa Martinez accompanied .Martinez by Affidavit of Lost Certificate for the transfer to of 0.100 shares to Nacho & Lupe Herrara. Herrara Approved by the Board. Director Rogers suggested an increase in domestic ' Increase in from 154 to 25$ for the 1st 1000 cubic ft; 15s for the Domestic 100.water rates./ After some discussion, the subject was-. Rates tabled untid the next meeting. There being no further business to-come before the Board, upon proper motion by Director Rogers , duly seconded, the meeting : was adjourned at 4:57 P. M. (/ y, - 4T/ qp ,a"c"- ;,.;f/ L." 3 i Secre ar p/hI+ L/ - -0" J" President d MINUTES OF -THE REGULAR MEETING of the BOmD OF DIRECTORS of the CMLSBAD ItlUTUAL WATER COMPANY The regular meeting of the Board of Directors of Regular Meeting 1955 the Carlsbad ,Mutual Water Company was held in the April 19, office of the Company in the City of Carlsbad, County of San Diego, State of California, April 19, 1955 at 1:OO P.M. C H. Ingels W, W. Rogers R,R,Robinson Direc%ors C, A. Anthony Arnold Brilhart Present Also present were C. E. Trygg, Secretary-Manager,'Carroll Kelly, Mr. Pai of the Carlsbad<Journal and Maribee Balcorn, stenographer. The Chairman called the meeting to order at 1:lO P. M.