HomeMy WebLinkAbout1955-05-19; Municipal Water District; Minutese i+.
AFFIDAVIT RE NOTICE OF - * SPECIAL MEETING
I, C. E. Trygg, hereby certify that written notice of a Special
Meeting Special Meeting of the Board of Directors of the-Carlsbad May 19,
1955 Mutual Water Company called for 1O:OO A. M. Thursday, May
19,=1955 by the President of the Corporation, was deposited
in the Post Office of the principal place of business of the
Corporation, postage prepaid, addressed to each Director at his
last known address on or before Tuesday morning, Kay 17, 1955,
which is not less than thirty six hours before the time set for
such meeting.
Special meeting on the above mentioned date was called by
authority of Article XI1 of the By-Laws of the Corporation Which
provides for Special Meetings of the Corporation.
A MINUTES OF THE SPECIAL MEETING
of the
of the BOARD OF- DIRECTORS
CaRLSBAD hKJTUAL WATER COMPANY
A Special Meeting of the Board of Directors of the Special
Meeting Carlsbad Mutual Water Company was held in the office May 19,
of the Corporation in the City of Carlsbad, Count;y of
San Diego, State of California, on Thursday, May 19, 1955
at 1O:OO A. M., said meeting being called under Authority of Article
1955
12 of the By-Laws of the Corporation, which provides for special
meetings of the Corporation.
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Directors C. H. Ingels Present 'dv. W. Rogers
R. R. Robinson C. H. Brilhart
Director Absent (at time of opening of meeting) C. A. Anthony- 1
Also present were C, E. Trygg, Secretary-Manager of the Corpor-
ation, Attorney T. Bruce Smith, reporters from the Carlsbad
Journal and the San Diego Union, and Maribee Balcom,stenographer.
President Ingels called the meeting to order at 1O:lO A.M.
Minutes of Director Rogers requested the addition in paragraph Regular Meeting 3 under the subject "Water Requirements" of the April 19, 1955 words 'la minimum ofrf which would make the sentence
read It* * contract with Oceanside provides that a
minimum of LC$ of the amount we are receiving lr * *. In the 5th
paragraph of the same subject, Director Rogers requested the
addition of the following: "He (Director Rogers) also said. that
the Manager had no authority to deliver more than 10% when we
were short and trying to fill the Lake."
Director Rogers then moved, .seconded by Director Robinson and
carried unanimously:
55-69 BE IT ORDERED that the minutes of the regular meeting of April 19th be gapproved with the additions requested.
Invoices The Directors discussed approval of the invoices
and Director Rogers moved, seconded by Director
Brilhart and carried unanimously:
55-7'9 BE IT ORDERE,D that the invoices for the month
of April and' for the following months be referred to an Auditing Committee for check before the regular Board meeting, and that formal action be taken by the Board at each. meeting. Invoices for April are to be checked by the Auditing Committee and are hereby approved, subject to approval of the Committee,
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President Iqg,eols then appointed the following Com- Committee for . ." Audit of .ttee for the audit of invoices: Invoices
Director R. R. Robinson
_. Director Arnold Brilhart
le Manager stated that the invoices would, be available any time
?tween the 10th of the month and the meeting.
The Directors discussed the financial report for the Financial
- Report )nth of April. Director Brilhart moved, seconded by
.rector Robinson and carried unanimously: . ..
. ..
BE IT ORDERED that the Financia1,Report 55-71 for the month of Aprilabe .approved, subject to approval of the invoices for April by the Auditing Committee.
The Manager announced to the Board that one bid had Bids on
?en received in response to the advertisement concern- Carlsbad
rg Lots 45 and 46, Carlsbad Highlands No. 2. The bid
IS then opened in the presence of the Board and was found
Lots 45 8 46,
Highlands #2
) contain a certified check for $325 and 'a bid in the sum
r $3010 for Lots 45 8 46, Carlsbad Highlands No. 2. After some
scussion, Director Rogers moved, sec.onded by Director Robinson
rd carried unanimously: .I
BE IT ORDERED that the bid of Carroll Kelly 55-72
Lots 45 and 46, Carlsbad Highlands No. 2, be accepted, subject to any exclusions and easements as of record, buyer to pay one half of escrow fees; and
BE IT FURTHER ORDERED that the proper officers of the Corporation are hereby authorized and directed to proceed with the consummation of the sale. ~ .
.in the sum of $3010 for the purChase of
The Manager presented.a request from the South .. Coast Release of Easements md Company da'ted 5-18-55' fpr the release of. easements
1 Lots 49 and 56 and other lots in Carlsbad Highlands No. 2; ..
P r <D 5 s. 2,
Director Rogers moved, seconded by Director Brilhart and
c,arried unanimously:
55 -73 BE IT ORDERED that the Manager and proper officers of the Company are hereby authorized and directed to release any of these easements which they con- sider of no further value to the Company.
Correspondence:
Letter from the City of Oceanside showing reading on Test Well 13E to be 27.58,
Letters from Sheridan N. Hegland regarding Assembly Bill
on San Luis Rey Rights
Letter of May 10th from Division of Water Resources :re our Water Application #12808.
Letter from California Mutual. Water Companies' Association regarding Assembly Bills,
Senate Senate Bill #1557 provides that "each person who Bill after 1955 extracts ground water in excess of #1557 25 acre-feet each year shall file with the Division a Notice of Extraction and Diversion of Water,
Director Rogers moved, seconded by Director Robinson and
carried unanimously:
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55-74 BE IT ORDERED that the Board of Directors hereby unanimously go on record as approving Senate Bill #1557, and
BE IT FURTHER ORDERED that the Manager is hereby directed and instructed to so notify Assemblyman Sheridan.N. Hegland and our Attorney Ray C, Eberhard,
Assembly Assembly Bill 2908 provides for the organization Bill of Replenishment Districts to recharge our under- #2908 ground basins.
The Board of Directors of the Carlsbad Mutual Water Company
has already gone on record as approving A,B,#2908,
Senate S. C, A. #29 authorized the State, district, Constitutional municipality and public agencies to own stock Amendment of Mutual Water Companies. This will furnish a S,C,A.#29 market for stock of Mutuals that has been used on
" subdivided property,
2 Director Rogers moved, seconded by Director Robinson and
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carried unanimously: 55-75
BE IT ORDERED that the Board of Directo~rs hereby go on,record as approving Senate Constitutional Amendment #29; and
BE IT FURTHER ORDERED that the Manager ~LS hereby directed and instructed to so notify Assemblyman Sheridan N. Hegland and our Attorney Ray C, Eberhard,
Senate Bill - Sb1877 would amend Section 1005,l and Senate Bill 1005.2 of the Water Code by including SI31877 - certain conserved waters within the wa-ter- shed of use in addition to imported water,
Director Rogers moved, seconded by Director Robinson 55-76
,.
and carried unanimously:
BE IT ORDERED that the Board of Directors hereby go on record as disapproving Senate Bill 4877; and
-BE IT FURTHER ORDERED that the Manager is hereby directed and instructed to so notify Assemblyman Sheridan N. Hegland and our Attorney Ray C. Eberhard,
AB1033 amends the Statutory Procedure of Assembly Adjudication in the Water Code to include Bill AB1033 underground water,
The Board*of Directors ,instructed the Manager to ask our
Attorney Ray C, Eberhard about this bill,
AB3458 would prevent the State Compensation Assembly Insurance Fund from soliciting any insu:rance Bill AB3458 business.
Director Rogers stated that he does not believe we need to
take any action on this bill.
Letter from California Mutual Water Companies Association and letter from Escondido Mutual Water Company regarding Colorado River Association. They asked whether we wish to send the information out to our shareholders,
The Directors discussed the matter and decided not to take any
action.
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Lots 2 & 5 Letter from Emmett Roberts asking permission Shangrila to build within 5 feet of the center Sine of our Tract easement on Lots 2 and 5.
Director Rogers moved, seconded by Director Robinson and
carried unanimously:
55-77 BE IT ORDERED that the Board of Directors will permit the building,of a limited portion on the easements on Lotss2 and 5 of the Shangri1.a Tract, providing that the ground is not disturbed within 5 feet of the center line of the pipe; and further providing that the purchasers be properly notified and that no easement rights be jeopardized.
Carlsbad Letter dated May 6th from Mr. Fry to the City of Municipal Oceanside regarding renewal of contract.
Sale of The Manager reported delinquent assessments in Delinquent Stock the amount of $
At the request of Director Rogers, Attorney T, Bruce Smith
discussed the sale of stock for delinquent assessments. Director
Rogers moved, seconded by Director Brilhart and carried unani-
mously:
55-78 BE IT ORDERED that the scheduled sale of delinquent stock for non-payment of Assessment No. 48 be postponed for thirty days from this date to 11:OO A. M, Friday, June 17, 1955.
The Directors requested that Mr. Eberhard's opinion on
Article 15, Rights of Shareholder regarding transfer of stock,
be obtained before the scheduled sale of the stock.
Oceanside The Directors discussed the renewal of the contract Contract with Oceanside for the delivery of Colorado River
Water to Carlsbad and the fact that the Oceanside line was
large enough to carry more than their entitlement. Director
Rogers stated that everyone has been put on their entitlement
and if Oceanside is taking the full capacity of their line,
they are taking water they have no right to take. The question
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is whether the Water Authority figures it by the day, the month
or six months, Director Rogers said he took this matter up
with the Water Authority at a recent meeting,
Director Rogers reported on a meeting be$ween the Carlsbad
Municipal Water District and the City of Oceanside held on
May 18th on the renewal of the Oceanside contract,
He also reported on the proposed new pipeline into the
Carlsbad Municipal Water District.
There was some discussion of the chlorinator that, Chlorination
would be required and the cost of same if Oceanside should
decide to ask us to remove the chlorinator from their plant
in the San Luis Rey. The Directors asked that we get a letter
from Dr, Carl Wilson setting forth the amount of chlorine that
should be used in drinking water.
Director Anthony then entered the meeting Director Anthony
The Directors discussed the formation of the San Diego California State Water County Committee for California State Water Plan, First Plan
Unit: Feather River Project. Director Robinson moved, seconded
by Director Anthony and carried unanimously:
BE IT ORDERED that the Manager, C, E. Trygg, 55-79 be appointed Director of the San Diego County Committee for California State Water Plan to represent the Carlsbad Mutual Water Company.
The Manager said that the laboratory reports have been Laboratory Reports fairly good, We did have one bad. one on which Dr. Wilson
notified us by telephone,
Mr. Trygg presented pipeline proposals for Harbor Pipeline Agreements
Subdivisions Villas #1, Harbor Park and Knowles Park. Director Rogers for new
moved, seconded by Director Anthony and carried unanimously:
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55-80 BE IT ORDERED that the proper officers of the Corporation are hereby directed and instructed to sign the standard pipeline agreements-with Harbor Villas #1, Harbor Park and Knowles Park subdivisions,
Gallinger Attorney T. Bruce Smith presented the Gallinger Easement & Title Easement for access to the pumping plant, Lot 28,
Carlsbad Estates, and title to the property.
Director Robinson moved, seconded by Director Rogers and
carried unanimously:
55 -* 84 BE IT ORDERED that the Easement from Gallinger for access to the pumping plant, Lot 28, Carlsbad Estates and that the title to the property be accepted,
Tree The Manager stated that the trees should be removed Removal from our lot east of the Water Company buildings and
that an adjoining property owner had complained that one of the
trees was leaning over his house and requested its removal.
After discussion of the cost of removal and of the matter of
insurance, Director Rogers moved, seconded by Director Robinson
and carried unanimously:
55-82 BE IT ORDERED that the matter of removing trees from the Company's lot east of the Company buildings on Elm Street be postponed until the next meeting.
Water The Manager reported that Oceanside is giving us
Supply
. about 35 acre feet per day. He stated that we have
cleaned the 18" and 24" pipelines in the Valley of growths of
iron bacteria. This deposit is caused by living organisms
which utilize iron which is absorbed in the water. In order
that the 24 inch line in the Valley may be protected in the
future, it is the plan to move the chlorinator from #s Booster
Station to the sump.
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t,. AFFIDAVJT OF PUBLICATION
'ATE OF CALIFORNIA 1 lunty of San Diego f ss.
-"-".~Ob.~~t~-.D-,-~.-~a,r.l~nd--~-..-, being duly sworn, says that he is the ....... cP.wb~-.ish-e~----~~"--""
The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in
3 Gity of Cadsbad, County of San Diego, and State of California, and that the notice of
ich the annexed is a true copy, was published.--.-.~----------.times in said newspaper, commencing
the .......... -26%-h ___.____ day of ______._______ Nay- ""-.---""---, A. D. 195-5--, namely on the following dates:
- LEGAL NOTIC- '
I I
Resolution
Passed by the Board of Dirwtors of the Carlsbad Mutual Water Campany at the Board meeting held on May 19, 1955: BE IT RESOLVED that the scheduled eale of delinquent stock for non-payment I of assessment No. 48 be postponed tC 11 :00 a.m. Friday,: June 17, 1955. C. E. Trygg Secretary-Manager Published May 26. 1965
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562
The Manager said that the Commitkee on the proposed New Well well has contacted several people. We have a letter- ,from
Dr. Thiele stating that he will not go out and .locate a
single well. The entire job would consist of 70 to 80 holes and
he will locate about five holes each day, The total cost would
be between $2,,000 and $3,000.
Director Rogers said he feels we should postpone any action
on the new well until we see what happens on the contract with
Oceanside,
The Manager reported that Morrison Well Drillers will Drilling
drill a new well on the same contract they had in 1953, and
that they will drill on ten days notice if we get caught in a
bind.
Director Rogecs moved, seconded by Director Anthony and carried
unanimously:
BE IT ORDERED that the matter of drilling a new 55-83 well be postponed until the next meeting.
President Ingels stated that the Government has author- Salt Water ized $10,000,000 for ten years for work on salt water Conversion
conversion, There was some discussion and Director Rogers
stated that Mr. W. 9, Cannon has already offered a site for the
new sea water conversiorf plant. Director Brilhart said that he
felt we should go on record as being interested in this proposition.
The Manages reported that he is looking around for Finances
financing, as instructed, and has contacted three firms.
Director Rogers said he thinks we should try to worry along with
what money we have for the present.
President Ingels stated that the pumps at the #s 13ooster Station
553
should be taken out of the sump, It will cost about $8500
to change them, The Manager stat-ed that we had four leaks on
Highland in one day. He said we will have to have some money "
to continue the necessary pipeline replacements, He has talked
to several lending agencies and they have emphasized that we
should get some local money to help the system along.
Director Rogers said he thinks it would be a very serious
error to make an assessment now if we are going to come up with
a proposed bond issue.
President Ingels stated that in order to balance things and
pay our debts, we would have to have a $25 assessment.
Director Rogers said he thinks we should go down to the Bank
and try to borrow the money, Ask them about a loan of $75,000.
and pay off the Berkeley loan and this other loan. Iie thinks
we should cut down on the help around here,
Director Brilhart said that a loan like that woul.d only be
of temporary help; that we would soon be in the same position
again,
Director Robinson stated that he thinks it all boils down
to a question of what is to become of the Mutual - whether it
is taken over by the City or the Municipal, He agrees that we ..
should hold our improvements down to a minimum until. the matter
is clarified,
Director Rogers said that he realizes that a Lot of fixing
needs to be done but financing it is difficult, He thinks we
should operate "hand to mouth,"
President Ingels said that we are obligated to the share-
holders to operate and maintain the system as it is, regardless
of who takes it over,
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Director Anthony said that the problem now is to get by until
such time as we can decide what we are going to do, But as he
understands it, we do need money nowa He cannot see where sell-
ing the lots and the increase in water will raise $16,000. Nho-
ever is running the Company has to pay their bills.
President Ingels stated that we have the notes for $7,000
and $15,000 at the bank, plus this $16,000. A $25.00 assessment
will just about clear this up, no matter who takes over,
Director Anthony said if there is any way we can figure out
to keep away from an assessment, he would like it;; but a business
cannot be operated without money,
Director Rogers then discussed Mr. Browning's report and its
effect on the loaning agencies. He 5aid that if it is possible
to postpone half of the work listed in Mi. Browning's report,
99% of it can be postponed,
Director Anthony stated that he cannot see going into debt
instead of assessing ourselves .
Director Rogers said that the assessment would be for im-
.. provements, and if you are going to make improvements, you should
borrow capital to do it and not ask the shareholders for it.
There was some further discussion and then Di:rector Rogers
moved, seconded by Director Anthony and carried unanimously:
BE IT ORDERED that the proper officers of the 55-80. Company go to the Security Trust & Sa,vings Bank and try to borrow enough money to pay off the Berkeley notes and consolidate the loan they have, and provide an operating fund which would be used as such,
The Manager discussed the advisability Of replacing Sari Luis Re1 Pumps
the pumps in the River. It takes at least a year in some
5 6 5
cases to get delivery of pumps. There was a further discussion
of finances.
President Ingels then said that he agreed to cut down the
expenses to a point, but there are certain things you have to
do. He is not advocating improvements that are not necessary,
but we certainly want to protect the investments.
Buena The Manager stated that the next thing we ought to Vista do is Buena Vista, as we are havirg leaks steadily
on this line. He would like authorization for $3,600 so he
can order the material for it.
Highland The Manager said that we have received a great many
complaints because of the poor pressure at the south
end of Highland. There have been a great many leaks.
Director Rogers moved, seconded by Director Anthony and
carried unanimously:
55-85 BE IT ORDERED that the Manager is hereby directed and authorized to order pipe for the replacelment of the line on Buena Vista in the sum of $3,.600.
There being no further business to come before the Bloard, upon
proper motion, duly seconded, the meeting was adjourned at 1:15 P.M.
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CONSEI\TT .AND Yd'AIVER OF NOTICE OF' SPECIAL i&ETING OF THE DEGCTORS 03 THB CARLS3.b-D LkTTUAL TiATEa CQiiiPAI'y
Ne, the undersigned, being all of the Direcotrs of the
Carlsbad iiutual Water Company, do hereby waive notice of the
time, place and purpose of the meeting of said Corporation
herein provided for, and do hereby consent and agree that a
meeting thereof may be held at the office of the Carlsbad
itiutu.al Water Company in the City of Carlsbad, County of San
Diego and State of California, on the 27th day of Gay 1955,
at 3:30 P, K.
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WITNESS our hands this 27th day of LLiay 1955.
I.- I &Up "2' &d/
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