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HomeMy WebLinkAbout1955-08-04; Municipal Water District; MinutesI I I ~~I;~JTES 03 Tb;E I<zG-ui,AFL jt~~~~~~,~~ 02 7 r;iT." ad ~~i~i2~~ 03 -~;IIE,EC~~ORS 02 r(lhE C&TL~~BAC ~,~~~-~"~ i"- r - lll. -." I L(,ly&. ~&~~&< DiSypkICy - BsL3 Augv-si; 4, 1955, at 601 &--,A -pT,';:X w n.r-7"~T" V Ai'! VY c &<L,sbv-. -, " I- -?Ahd ~;.---g i:;l,Ti+kj AT 7.30 T; 7,': > , *ALL- e-". e - *A Chairman Fry called -the meetink -to order at 7:44 p.];ie ana directed the Secre+,a.ry to call the roll: p2-7'3;" Ti7 * j-j-J-;-+E@TQ?-;i. 7."- &.:.: .,. * +. - 3i23hl" -" ,.( y 3 E&g>;j &if&j<E KYiij:LLX H 0 Gzy<S > 1 I =.&)L" f xO>:E. Also present were Attorney '.".E.Dennis, Joe Heradia re2resen- tin;, the Carlsbad- Journal, Councilman C,D.&icClellan, i;j.De Cannon anC fiobert $Garland of the Carlsbad Journal. Comesson- I. Letter from Xane Yi.'$T?leeler and Comp3ny dence dated- July 29, 1955, enclosink two proofs of the sample ballot for the special election. If no changes or corrections, to be returned with a9proval. 2. Letter from Duane 'N..Yvkeeler and Company dated August 2, 1955, Xoting difference in c0un.t of nunfoer of registered voters. Count taken from acidressed tapes includ-ing all the voters in Carlsbed- I'recincts 1 to 11 ana liorth Capls- bad along with the 5 voters who were repoyted in Leucad-fa 1, 2 and- 3. A total Of 2572 v~hich ~vili 'be the rrm'ber of envelopes which will be delivered. 5. Letter from sane X. @heeler & Go, dated August 2, 1955 encloshg absentee voter ballots Tor use in special election. 4. Letter to Registrar or Voters, 3aa Diego Gouni;y of voters and labels for saqle ballots. Early action requeste fr oi;l 's.:'. "I .! .~-~oge~s, "I Secretary, to arrange for necessary indexes 5. Letter from Guane 3. I?!?neeler &: Co. enclosing a list of polling places 2.116 election of'frfcers ivho will serve on the twelve boards for the special election, Director Rogers amoumced that the recei2ted I!iotices from inspectors h3.d been received for all but Election Precinct No, 5 headed by IW8+ Cl.arence 3a-vison who will be on vacation at that, time and a substitute will be selected, jj;p, Dennis stated that upon examination of the sanqle ballots three minor irre&ularities were noted - two sentences that were not printed ana one mistake in punctuation After dfscussion with the firm of Othielvaney and Xyers, it mas decided that the irregularities were not sufficient to neces- sitate reprinting of the ballots. 6. Letter from '13unne X. 'Kheeler dated July 2?, 195 stating that ZlectLon Officers Digests and forms appointmg tk elect2on officers who will serve for the special election are .Deing forwarded via United parcel Service. 3nC~Osln~ >eCla?a- tion of Inspector to be signed and returned. Birector Rogers stated that this docuraent had- been sfgnea and. rekurned- on August 4th. .. . . 7, Letter from 31;jane. j,$j, b'heeler and. ConpaqT dated ~ulg 29, 1955, s$ating that a. su2;ply of absen-tee voter ballote are beLng forwarded by first class mall on A~guSt 2nd and Out- lining requirerflents necessary for casting of these 'ballots. 8/'4/ 8, Letter to Duane Woeeler and Company dated July 30, 1955 from Director Rogers, enclosing the narries of registered voters fn the Ca.rls.bad Xunicipai Water District not included fn Carlsbad Precincts 1 to 11 or in North Carlsbad Precinct. &kilLng stamp for sample ballots has been obtained listed as permit No. 16. I 9. Letter from Duane :$I. 'JBeeler an& Company dated- July 28, 1955, acknowledginL the order for su2plies for the special election. 10. Mernora.n&um from Carlsbad Xutu2.l Bateer Coxgany amount of water received from Oceanside from July 15, 1955, to July 21, 1955. it was pointed out by Director Kogers that approximately ten per cent of the amount shown was channeled to Terramar . 11. Review of report su'arnitted to t'ne San Dfego County Nater Authority as requested by them, showing water prochctiofi for 1954-1955 by the Carls'load Nutual Kater Company. I 12. Letter from Nl. Guy C. Zarl, Jr., Acting Secre- tary for the Organization of the Sac Elijo Eunicfpal "$later District stating that their Xestern borders meet our Southern line. Would it be possible, on a temporary basfs, to lease some transportation facilities in proposed line so that the area immediately South 02 the Carls'bad distpict, if it gains ahission to the San Diego Xater Authority, could get water through such source? The Attorney steted that if the Xuni- cipal rents them transmission facilities, we will not %e obli- gated. It was the decision of the Board that we would be glad to furnish them water on a temporary basis when the lines are completed and will be glad to assist thein in the organization of their district in any way gossible. ljirector ENald moved that the Secretary be instructed to correspond with them along these lines. Seconded by Directdr Kelly. All ayes. Xotion carrled, Finances Treasmer ratrick Zahler presented a statei-nent of 1954 to June 30, 1955. AttentLon was called to the fact that two items, namel-y- Outside Engineerfng Services and Legal Fees were on an accrual basis with payments to be made on a yearly 'basis. it was also noted that no accrued interest for the fund-s in the Bank ha6 been listed, It was suggested by Mr. Cennis that he and Director Zahler meet vfitb the firm of Everts and Zsenoff to discuss items in question. Director Rogers moved that the Schecule of devenues and Zxpenditures be approved, subject to the comments. Seconded by Director Z-wald. All a.yes. Kotion carries. Revenues and Expenditures for the period of July 1 Letter Prom San Xego County Water Authorit$ dated Juls 28, 1355, gtatinii; thsk on or before Aurjust 25 this 'body must declare its intention if it desires to pay out of Its municipal funds the whole or a. stated GercentaLe of the amount of taxes to be derived from the area of the San Diego County YJater Authority lying wZthin our corporate entity. Attorney Geonis stated that the tax rolls will not 'be completed until about August 15th. County figures will be ava-ilable, but the State Board of Assessments will not COM- plete compu-tations until around August 1-5th. He recommended 'chat actior, on 'chfs na-tter be delayec until after this date. Zen'cicn was made that t.his district hopes to hold. the tax rate to fifteen cents (15~). Gcesnsiae 5eport of letter forwarded to City of Oceanside asking if they would be interested in enlarging the line to North Carlsbad so that it, would take care of the water su~ply f'07 severa.1 gears: dso, if it mi&t be possible to form a replenisbunent district in the San Jh5s ir'.ey Valley, .- -2- . I* 8/4/55 Reply wz.s Peceived, und-er date of July 28th, stcting t'nat the proposal was rea.6 and d-iscussed at the City Council m.eeting and. has .been referred to the iiliater Committee for study and- recormendation. &xclusion At 8:30 ?.Ei. the Board 2yoceeded with the public heming on Petition for Exclusion of' Uninhabited Territory, signed bjr Tiilliam Berkowitz, et a.1, time and place as stated in Notice of Eearing published in the Carl-sbad Journal on Jldy 14th ai?_d- July 21st. Said pu'blicatlon as ordered by resolution. Affibavit of Publication was 2resented on Xotice of Hearin, as publfshec?, in the Carls'bad Journal. President F~J' reported that a letter dated;, J'v.l..y 10, 1955, ha6 been 2'orward.ed to the 2etitioners stating the Board! s views s.nd notifying tkex of the public hearin& to be scheduled. C02y to %r. uennis. There were no protests, either oral or written, ag;a.inst the pro2osed exclusion. Cirikinal petition lists two sections to be excluded, known as Parcel 1 and Parcel 2 $ith descriptions set forth therein. - I " Directorr. Ewald raised- the question of what effect this exclusion would have on the coming bond election. AttorneJ Dennis stated thst, after conferring with the firm of OfMelvanc and- Eyers, it was their decision that no changes be made in the boundaries a.s presented, and that the legal exclusion not be made until a.fter the election. I jk. Kaynond Feist, representink the petitioners, was advised 'by Attorney Eennfs, that no obligation for the bonds :,:auld be incurred- by the area to be excluded. until actual sale of such bonds. Froperty which is excluded after 'the bond election, but ?Tior to the sale of bonds is not liable for the payment or" the bonds. Area would. still be lia.ble for all back taxes incurred before the time of exclusion. Current taxes woz-ld be payable in the same way, with 20$ tax levy for Xetro- politan District m-d lC& for the Xater Authority remaining the same. Property excluded vd.ll, after annexation, have t'ne same assessment fee to the Au-thority and Eetropolftan and will have to pay Oceanside tax and be exclud-e6 from Calsbad tax. Attorney Cennis read excerpt from the Kunicipal Yjater District Act of 1911, Sec. 23, substantiating his state- ment on lia-bility of taxes by districts excluded. ltr. Feist stated that, at the present time, all of the .groperty owners residing in Parcel 1 are receiving water &ora the Carlsbad Xuutual 73ater Coqany whereas Parcel 2 residents are receiving water through the Oceanside facilities Nention vias made of two other parcels whicn are contemplating exclusion 2nd- it was the decision of the Board that since initial steps have already been taken by &ire Feist and his clients the exclusion should proceed at this time and any other parcel-s d-esiring exclusion will be reviewed at a later date. No legal exclusion will be mad-e until after the Bond election but ?VIP. Feist will go forward. in obtaining the necessary evidence to be brou8ht before the 30ai?d prior to exclusion. I A sum of ;jZOO,OO was offered by MP. Feist for de- posit viith the Soard with the stipulation that he approve all this araount will be paid by his clients. ex2enses deduc%ed from the bond and thst any additional over Director Ragers moved that the Board accept the deposit of $200.00 from Xr, Peist to cover exgenses to this Gistrict in connection with this proposed exclusion, subject to a relfund of any and ell funds not necessary to spend. Seconded by Director Kelly. Ail Ayes. Motion carried. -3- I I I 8/4/55 Director Rogers moved thak the hearing be adjourned to Augast 18, 1955 at 12:OO noon. Seconded by Director Emald. All ayes, Xotfon carried. An. inquiry was made by Eresident Fry to Ke. Robert Garland, Ed-iter of the Carlsbad Jou-rnal as to why the i\!otice of Public Keeting aevertisement was not printed as re- quested. Director Rogers stated- that it was presented to the clerk at the Journal Office at 9:30 A.M. on 'Yiednesday mornfng. Kr. Garland stated he had not seen the comunication from Director Rogers. The advertisement will be published in the Oceanside Blade Tribuxe on Friday, August 5, 1S55, and on Mon- day, Aubust 8, 1955, inviting all citizens to this pu'blic meeti Fubl i c General discussLon vyas held regal-ding planning of Me et in.& Fublic XeetLng scheduled for August Sth, Local citi zens will be contacted to give their views on the " bond election. Director Ewald a.nd a com&"cee will rfleet tomwrc to coriiplete the plans, 3;irector Bjjalci read a draft of the 9roposed resolu- tion which vTas requested. by the CiQ Council at the time of their endorsement of the Bond issue, Resolution Director dogers read from the Minutes of the July 2 meeting a ,Resolution which wax passed. setting forth the vfews and plicy of' the Soard. Councilman 1dcClella.n stated that he felt the resolution which was requested by the Council is im- portant so that the rublic will have tangible proof of the Board * s intent . On motfon by Girector Rogers, seconded by ljirector Ehvald and apsroved as follows : "$Al$ ; uI-r ;-.r< I oiis -. ,., 1- . &yJhfilby: >JcI$iZ. " %&.'L 5 ,..! Ak,E , - $*fiL:L!y, . 7-7,- - ;<or. TL,-,a :-7- : '. .Z*irnB$* *lLqG $y;3l I iQi,,Es z C-i~~~CTORS LTcItZ ~ .-, .. --,r " q,$(-JL,u*q"(-Ji(j. 1q-c xu. .- - . 14 k KESJJ-yyJ"J-lq- @;Fa ""," -&&%&s 0%' .:..--.--,-, -q"' 1. rid ~L/I~<~,CGJUH-S OF TEjlE CA&.3;BA&D &JJ?TJGipi& - bz :Aiqli::> i i~-i B~SrD'qICcz "L<QJ-I-TJAiG Tlj&T ii - bfiak;;;cE -.-. L-JJZ Y~I THZ SO-oTH COAST :(ILL il;GT 53 CfJIq- I- & .. s;j;~-~~C:~~~~ ul<-TJij; -4 Dj2lFI$-i'i;z hETic I;S iS~~~O~,iSrJ_lpk,~~~~~ A3 7JJ~>~&.[C~~ BY kI< ai\iFO]3cmBLE CGNii;z&,CT FGR ExQuGE A. - .. ;;v*q4yj2R - ,TO jqSmTlr"Y TI.''" Afiz CC'&sTRu-CTIGN OF A s3;hj$cB LIl<E ..- tvas duly adopted and the Chairman directedi. the Secretary to enter the Resolution in the Book of Resolutions. Mutual Attorney 3emis pi-esenteci the corrtract between the Carlsbad Kutual 3ater CorFany and 'ilemamar . Price has &en filled in at :.;?LOO gejrc acre Foot. Eirector xobers moved that the President and Secretary je axthorized to execute the contract between the Carls-azd Xi7~tual Water Zom- pa.ny and the Ivunicipel '.'later Gtstric'c and to attach Exhibit k ZITJald secondeb. kil qes. &)tion cappied., E&ibit A 7.- ud E s exe cut E at tke close of the meetinh. Ze call- xent-on ~~2.s made of the ;;ro:Josed recall movement. ibctice or" such. recall has not been received by any of the 3oard meiPers e i?frectcr Xelly moved for adjournment 1 seconZed 'by " L LO agreement, zhen an6 if, Terramar executes 3xbib3.t A. ijirectc ., ,- . .. ~)i~>ecto~ 372j2,ld- at 1c OL" . A.i= i Ts .LL. " until noon August 18, 1955. 1.- /UfdLbiWLv 'I .. /? A?&-* , .secpetq~ of the Ppesie-ent of the kogj,fd " of -7" - u1recto-r.s oT the ~irectors 02 the C~$~s~~ad ~viu.~.icf~~.l '!lister aistrict o ~!~1~~ic4.-~.1 '32.te-p DL sty1 ct - ... "_ . ..