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HomeMy WebLinkAbout1956-04-23; Municipal Water District; MinutesMIEJUTES OF A SPECIAL MEETING OF "3 CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS HELD APRIL 23, 1956, AT 29& PI0 PIG0 BOULEVAFtD, CARLSBAD, CALIFORNIA, AT 1:p P,M, FOR THE PUR- POSE OF CONSIDERING THE IMPROVEMENT DISTRICT AMD BOND ISSUE, Chairman Fry called the meeting to order at 1:35 P.M. and directed the &ecutive Secretary to call the roll: Present: Directors Ewald, Fry, Rogers, Zahler, Kelly Absent: None Directors' Chairman Fry called for a motion to waive directors' fees for this I Fees meeting as outlined in the notiae sent to each director. The motion was accordingly made b Director hld, seconded by Director Zahler, ma mica ~wo~sl~. Chairman Fry called attention again to the fact that he will be away after Jitns 2l9 1956, when Vice President Kelly will be oblfged to conduct meetings. Publicity Director Rogers stated that he had received a letter from Director Kelly answering his "Lets Get Water - NOW!" letter of April 19, 1936, In response to Dfrector Kelly's suggestion that a third member should be appointed to the publici* committee, Director Fry appointed Director Kelly to serve on that eont- Inittee. Improvement Director Ewald reported that the news release to have been prepared by District the Attorney had not been forthcoming, Director Ewald was instructed News Release to contact the attorney and have the publicity committee meet as soon Publicity ing to Mrector Rogers some of the news releases had been inaccurate. as possible to get out this release. Director Ewald added that accord- Director bald wished to go on record as not bebg responsible for any such releases, since he had had nothing to do with them. hrth Director Rogers noted that not a single citizen fmm North Carlsbad Carlsbad had been present at the meeting at which the Improvement Mstrickwas Inqrovanent of the action to be taken, Director Kelly pointed out that if we must District get out special publicity in advance of everg meeting we would be tell- Resolution krth Carlsbad which had settled the issue rather clearly, He added & taken up and that this was possibly because they had not been notified I& ing "more than we know otzrselvesn and that a meeting had been held in k, a0 that "we have leaned over backwards to fulfill legal. requirements" eve1 to the extent of putting up notices (Resolution #a> in krth Carlsbad which was not required by law. He &d -her that if North Carlsbad fails to annex to Oceanside, they can form an Improvement District of their om and would have to be served by this District if they pay their just costs for the line. Improvement Director Rogers insisted that if North Carlsbad forms an Imprmement District District they would have to buy the Mutual assets amounting to $@,oOO. And if they build a pipline to get water it would cost another $0,000 Override In Pesponse CO a queskion from Director Zahler as to why we could no% charge North Carlsbad an override for any water we serve them, Mreotar Rogers referred to a statement by the Attorney that if the Mutw,l tries to seU. Color8 do River water to North Carlsbad we could cut off service, and that the Attorney had said we cannot sell water legally to North Carlsbad, He sdd also that Mr. Brussow has serious doubts as 'to whether EiJorth Calsbad will annex to Oceanside, I north Director Kelly said he believes the only way North Carlsbad em be de- Carlsbad ded water would be for them to withdraw from the District, Director Rogers said this is not correct. Director Ewald ref&red to the vote taken at North Carlsbad which is a strong indication that they do intend to join Oceanside, and we cannot hold up action until they make up their minds; we have to proceed with what we think is best, Diredtor Rogers disagreed and said we have no right to make any legal assumptions based upon a straw vote; we do not know whether th will annex or not, Director Zahler reminded that we are giving North Carlsbad the benefit of a hearing next month, and if noone shows up to protest we Hearing are on the right track, EEe added that there is no use mguing until "Supposing six peiple oppose and two favor the District: What will we do then?" Director Zahler suggested that we wait for the hearing before deciding that, the facts are presented at the hearing, Director Rogers asked: North Director Rogers stated that the safest and speediest thing we car. do is Carlsbad to hold an election in North Carlsbd to see if they want to be excluded Exclusion and then we can proceed with this election without them. He referred ask Horth Carlsbad to do this since if Oceanside does not agree to accept them, and if Oceanside does not take them in, is to form a separate Improvement District and we would have to serve them wahr. Director Rogers said this is impraaticd because North Carlsbad would have to w the Mutual' s assets axqd there is no provision for connecting onto the pipeline. He stated that when we went to North Carlsbad, they were told they could be served with water *ror this Improvement District an6 that may have effected how they voted at that meeting, and now the Attorney has said we cannot serve them that way (referring to the minutes of 4- 16-56). He said that if North Carlsbad does annex to Ocebnside, this is academic, but if not, we are all in a bfnd. Director Ewald stated that we are paying an attorney who has access to the opinions of 0"elveny & Wrs, and he has recommended going ahead with the bprovement District; the Engineer has recommended the same, and the onlysafe proceedme is to follow their advict We may be faced Vitk a dozen suits, but we have to proceed wfth what we theink is rig& and not tal& chances of losing the bond electlon. We are representing the people and won' t get anyplace without them, and since they want to proceed on this bsis, that is just what we should do, The indications in North Garlsbad are OvenfhehbgZy against tbeir participating." Director Zalnler suggested we ask the attorney to clariPg just what he did say about sem ing North Carlsbad and go ahead with the hearing on the 16th. If noone shows up, we would be justified in forming the Iinprovement District, North Director Rogers reported that according to Mr. Lilley it will be july 15% Carlsbad before an election can be held re annexation to Oceanside. He said also, Annexation informally, that if dl is progressing well, Oceanside will not cut us off to Article 27-2 of the Act, Director Kelly said it would be unf'air to they have excluded themselves, they would be out on a limb, As it stands, their mmrse I from water. I Director Kelly said he did Rot see why we cannot get one point clarified and that is tha. North Carlsbad can form an Improvement District of its own and be served water, Director Rogers repeated that the Attorney had advised that a fod opinion could not bl rendered at this time and said "1 contend tht the attorney was auI wet", Director Kelly, casrging through the suggestion of Director Zahler, suggested that the attorney be asked for the following information in wflting to eliminate flxrther vnt 1. Written clarification as to exactly what statements were madw with regard to the sex ing of water to North Carlsbad for an override cbge if c%B6D forms an Improvement Distri excluding North Carlsbad, and if I?orth Carlsbad in turn fonns an Improvement District to pay the override, 2, (Rogers) Can North Carlsbad be sold Colorado River water by the &tual if an Improv men% District is fod excluding North Calsbad? 3. (Zahler) How soon can an election be held in North Carlsbad excluding then from the District prividing they request to be excluded? 4. (Rogers) What is the nrinirmnn time necessary to exclude North Carlsbad from the date of action Q the CMWD? 5. (Zahler) What legal hasdships would the formation of the proposed Improvement Distr cause North Carlsbad? 6. (Kelly) Is there any reason why we cmnot form a separate Improvement District in- cluding all of Nort2 Carlsbad so CMWD can sell. water to North Carlsbad? (This question was later revised to Wan North Carlsbad benefit through the foxmation of an Improvement District and get water if our originally proposed Improvement District is formed?) A discussim:.took place follrnJbg Director Fry's statement that he could see no reason for forming two rnrovenent Districts at the same time, Director Ewald said that was no what Director Kelly had meant by his suggestion. Director Rogers said we can form both at the same tim, Director Ewald said he saw no necessity for doing SO. Mrector Kelly said all this could be accomplished in the future if North Carlsbad comes and sqs "We want water". &antime, we should let krth Carlsbad go ahead with what they propose to do. We are not handning their ability to get Colorado aver water. For a flill year we are all at the mrcey of Oceanside and "this is a tmpst in a teapot". I North Director Ewald agreed that wwe are chasing ghostsn and said he feels Carlsbad that North Carlsbad will join Oceanside, but if they do not, the problen can be solved and they will get water anyway. Director Rogers said he does not agree. €?e said that one of the provisions with Belfor Village is that they participate in any bond election; that if we are sure Hod& Carls- bad will annex within @ or 9 days, what is the objection? He pointed out that he represents North Carlsbad ant that we me putting them in a straight jacket and leaving them with no cholce but to annex to Oceanside. We have got to have the elction; it is just a question of whent'. Exclusions Director bald said to hold an election of exclusion before annexation N. c,rlsbad wndd be B reversal of pracedrrre; if North Carlsbad wants to be exduded it is up to them to initiate the action. Mrector Kelly added that ther is no way we can exclude North Carlsbad and we cannot take away theb right to form an Improvement District of' their own. Director Rogers said we have told the people of north Carlsbad these tkings: I, If th do bot amex to Oceanside they can annex to this Improvement District. 2. They can ge water from the Carlsbad Mutual b paying an override. Both3of these statements, he asserted, are fabe. Director Bwald said there had been no false statement about joinin& Oceanside and they had voted two to one to join, Director Kelly suggested that there is no chance of changing anyone's mdnd at this meet ing and urged that we get off the letter to the Attorney 2nd call another special meeti when the answers are in. I Director Rogers asked what would be the opinion if the attorney say&: 1, Marth Carl& cannot be served Colorado River water through this District, 2. That formation of m hpmvement District in North CarLsbad would not permit them to be served Colorado Rim water through this Improvement ?istrict, Director Ewald said that the attorney kd said at the last meeting that we are procee& in a safe manner and if this is a ater of lack of confidence in the Attorney that he should be fired or given a vote of confidence, Director Rogers requested tbst a copy of the questions to the Attorney should be flul& ished to each Board member. He reported that Mr. Homgren is trying to call a meeting within a week or ten days to consider building a line from the aqueduct Acqueduct to the proposed second aqueduct arsd that he wanted to know what size lirr is contemplated and that the Board's idea is .b Wild a 22 or 24 inch line with a possibility of serving water to San Marcas. At tvo-thirby P.M. , Director Ewald moved to adjourn. The motion was seconded by Dire& I &Mer and carried unanjmusly, r, e).*,* President ?Zi? the-BoaB of Diirrecto& Carlsbad Municipal Water Xstri 6 - ?# !"; x-"-& q :.+IL LI c . Secretary of the Board of Directors hrlsbad Municipal vatsr Dis%eict I April 21, 19% (To the Directors of the Carlsbad bicipal Water District; Addressed individually to each of the Directors below,) I Dear Sirs: Notice is hereby given that there will be a special. meeting of the Carl&& knicipal Water District Board of Directors on April 23, 1956, at 1:OO p.m. at 2960 Pia Pic0 Boulevard, Carlsbad, California, hwpose of such meeting is to discuss the Improvement x&rict and Bond Issue, Directors fees are to be waived. %is notice 2s being delivered to each mmbep twentr-fm horns in advance of 1:OO P.M., April 23, 1956, I To : Billy C, Fry, Tamarack Avenue, Carlsbad, California Max 0. md, City Hall, Carlsbad, Wifornia Patrick E. Zahler, 1255 Laguna Drive, Carlsbad, California Allan 0. Kelly, C&o Real, Carlsbad, California William W, Rogers, 1148 Las mores, Carlsbad, California I