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HomeMy WebLinkAbout1957-10-16; Municipal Water District; Minutesia5TJTE.S OF AN ADJOUR&TD ,%GEU-1I >TETI!.G OF TIEX BOARD OF DIR3C'T'ORIES 9F TEE C~~PLLSJ~AD MJKICIPAL $J$,.TEZ DICiTRICT XELD AT 7:30 P.M., OCTOBER 16, 1557, AT 2963 PI0 PICC DRIVE, C,kRLS3;?J), CLAIFOPXA I The meetivlg was called to order by President Fry. Directors present: 3dald,, Fry, Kelly, Rogers, Greek; absent: none. Also present were Attorney Swirsky, Engineers Clayton and Kukuk, W. Dennis idood, Col. Harry Price, City Engineer Jack Kubota, Vm. Cmnon, Paul Ecke, Dick Carboneau (Blade-TriSune) , Jack Lyman, Dan >Jiegand, C. D. Stephens Lowrie. Hearing The hearing on the proposed Improvement District No. 2, as adjourned Improvement to this time (7:30 P.M.) was d-eclared open by President Fry. Secretary District Ewald then administered the oath to Engineer Clay%on. No. 2 J%Clellanj Stewart i,Ttite:, Ressers, Fair & Chmbers, and. Executive Secretary A, Engineer Clayton stated Ynat he was familiar with the Carlsbad Ebnicipal Vater District and witl. the proposed improvertent district, the work proposed to be done and the cost thereof and that in his opinion the portion of the water district as indicated on $he nap outlining the exterior boundaries of the proposed improvement district as revised (Exhibit frG") would 5e benefited by the proposed debt for the proposed purpose. En- gineer Clayton further testified that he was familiar with the land requesteed to be excluded from the proposed iaprovement district by &. I-Iorton and that in his opinion the land of 14%. Horton would be benefited by the proposed improvements withln the said proposed irnprovement district. The Executive Secretary stated thgt no further written comications had been received concerning the proposed improvement district. The President then asked if there were my oral communications from anyone ir the audience. There were no oral zomunications fram anyone in the audience. The President then declared the public hearing on the saic ' proposed improvement district closed. 0 1 Ielveny -4 letter from O1%lveny and Neyers under date of October 11, 1957, and eyers signed by James W. Beebe, was read by the attorney, it outlined the tern under which this firm would render legal services in connection with the authorization and issuance of approximately $90,000 bonds for the proposed Improvement DistrSct. Services wocld consist of drafting of resolutions, notices and other docu- ments required in the bond proceedizgs, general supervision of proceedings, examination of proceedings step by step and dssu-ance of approving opinion to the purchaser of the bonds. The fee would be 3/Xlths of 1% of the principal amownt of the bonds authorized with the understanding that since the bonds would be sold in successive stages that a prorate proportion of the total fee would be payable following each sale. Should the bond proposition fail, the fee would be $750.00 payable following canvass of the elec- tion returns. In addition O'Melveny 2nd. Heyers would ask reimbursement for out-of- I pocket expenses which would be billed from time to time. On motion of Director Rogers, seconded by Director Ewald, the terms as outlined were unanimov.sly approved and the president authorised to notify O'Melveny and Neyers of the emplopent in accordance with the terms set fort'n in said letter. Resolution A Resolcticn of th.e '3oard of Directors of Carlsbad NJ..nicipal Water Dis- No. 65 trict determining the necessity to incur bonded indebtedness, to be pay- able from taxes lev5ed upon less than all of the district, and forming an improvement district within the boundaries of said district to be horn as Improve- ment District >To. 2 of Carlsbad Ihnicipal \+rater District was read by the attorney, On motion of Director Rogers, seconded by Director Kelly, the said Resolution, numbered %5", was adopted with a roll call vote as follows: I. Ayes: Ewald, Fry, Kelly, Rogers, Greek Noes: None Absent : None 3esolution .A Resolution of t3.e Board of Directors of Carlsbad Wicipal Water Dis- ?io. 66 trici; ordering, czlling, providing for, and giving notice of a special election to be held in Improvement District No. 2 or" said district on Tuesday, lTovem5er 19, 1957, for the purpose of submitting to the qualified voters of said improvement district a proposition of incurring bonded indebtedness and issuing bonds of said district for said impovenent district WES read by the attorney. On motion of Director Rogers, seconded by Director Kelly, the said Eesolwtion, numbered "66", was adopted with a roll czll vote as follows : -1- i, Ayes: Ewald, Fry, Kelly, Rogers, Greek Eo e s : None Absent: Xone Election The calender for the 'cond election to be held November 19, 1957, 85 Calendar outlined by of&lelveny and Xeyers was submitted to the Bomd a.s folhxJs: 257 I September 26 Octo'aer 16 (adjourned regular meeting) October 30 Kovember 4 November 6 (regular meeting) November 8 Xovember U, 1 November 19 November 26 (adjourned regular meeting) I November 27 November 29 (adjourned regular meeting) Regristration closes. conclude hearing. Adopt resolution making determinations. Adopt resolution calling election. absentee bd?lot. Last d2.y to coxnence mailing polling piace cards and saaple ballots. Keet and adjourn to Xovember 26. Last day to conplete mailing polling place cards and smple ballots. Last day car, apply for absentee ballot-hospitalized voter may secure a5sentee ballot on election day. EIBCTION DAY Canvass election returns- if all absentee ballots not returned ad j ourn to November Last day to receive absentee ballots. Canvass-a3sentees. 1st day can apply for 29. Fhrtin & The firm of Martin &c Chapmar,, Ltd., election sup?liers, was authcrized, Chapman on motion of Director 8ogers, seconded by Director Ewald, to be the supplier for t'ne election sc'nedxled for November 19, 1957. Attorney .Swirsky suggested that an experienced election clerk be employed on election day to be at the polling place in an advisory capacity. On motion of Director Kelly, seconded by Director Rogers, the employment of such a person was authorized for that date. It vas noted that r"6.s. Rhoda G. Doherty, named as a clerk in Eesolu-tion No. 66, has moved and will ?lot be eligible to vote or serve in the forthcoming election. Mr. Dan Wiegw-d of the kprovement District No. 2 Advisory Comm2ttee agreed to arrange for a rep1cxemen-t for I@s. Doherty, I Czlsbad Engineer Jack Kubota of the City of Caylsbad announced the% the City vault Connection be taking steps soon to get a connection to the pipe line in order to sen was advised that as long as the terms or" Ordinance No. 9 are complied with no trouble should be anticapted with regard to getting such a connection. The matter vas referrec to th.e Water Problems Committee and EngiEeer fm stu.Q,T and recommendations. W. Dennis Wood offered the facilities of the 1iUtm.l. Water Conpany for such a study. PEnutes OE notion of Director Zogers, seconded by Erector Kelly, the minutes of October 2, 1957, as msnded Sy- the Attorney, were approve6 unanimously. the newly mnexed lands at the sou-thern border of Carlsbad. Nr. Kubota September 4, 1957 and Septenber 16, 1'357, as submitted, and the Hinutes 01 CORX SFQOitJDENCE : 1. San Diego 'County Water Authoritx 10-3-57 -- Tabulations for September, 1957. Resolution 80. 435 establishing vote of representatives of member agencies. Enutes -L- of meeting of 9-12-57. Financial report for fiscal year ended 6=30-57, -2- Second Director Rogers stated that the first section of the second aqueduct, Aquechct costing $7,000,000 , is to be conpleted in 500 days from date of award (a'cor3-t $%rch or April, 1959). The Metropolitan Water District which delcyed in getting ov-t awards is EOV working on the section of the line north of the San Luis Rey an6 the estimated date for completion of that part is July Ist, 1959. Rogers noted that we cannot expect any increase in supply mtil the fall of 1953. Meantime, CMdD will he iird.ted to xhat it can take from %he 18" line of San 14krcos plus ow l4" line; 0c-r contract limits us to 10 acre feet per day. I Eztricts Director B.ogers said that two other Districts have requested fo:mation-- Olivenhain MJD and Ra~c'ro 21 Cajon. Authority In connection with the sale of the Water AuVTority bonds, Rogers stated Bon6s that the treasurer had estimated the b0nd.s wiLl sell for betveen 3,65 and 3.75. %.TI lbrcos Engineer Clayton said that it is expected thzt the San Yarcos Reservoir Reservoir will be completed by the first of next yeas. 2. Improvemerit District !To. 1 Advisory Committee, by W. Dennis Tdood, 33-33-57 - suggesting fifth nenber to be either Joe Brzy or Carroll Kelly. On motion of Director Rogers, seconded by Director Xwald, &. 1,Y'ood vas requested to interview both men and make a xore definite recommendation at the next meeting. The comolittee was also urged to study what wodd be the best way to furnish water to the newly acqcircd land of the m. It was suggested also that the committee look into the Hinton Damsite situation. 3ogers noted that the original proposal for the 2nd so left over monies could be used to build a reservoir, He said, however, that the City of San Diego is agitating to increase the size of the line at the lover end which would leave less for a reservoir. Rogers suggested that the people of the northerrr end of the County should be getting together on this, Director Exald speculated that the Hinton Damsite might be a5le to hold rnore than the 7,000 acre feet expected and thereby take care of other Districts too, The Judson report was cited. 3. Law Offices of Luce, Forward, Kunzel & Scripps, by Leland C. Nielsen -- re l'h.tual by Ezer Brothers, Inc. Release of the check for payment Zn full to Nutual Pipe Line & Construction Company was authorized on motion of Director Rogers, seconded by Director Ewald. - aqueduct was for $30,000,000 but that the County had urged an increase to $35,000,000 I Pipe Line & Construction Coo (11)-8-57} authorizing release of stop notice executed I 4. Irrigation Districts Association, 10-8-57 - swnmzry of legislation (1957) of inter est to members. The document was ordered circulated among Board members. Einton Director Rogers reported that the Water froblems Comrriittee had met yes- Damsite terday, having invited protestants to the proposed Hinton Damsite. The by J, D, TYlcCarthy and Howud Hudson), It was concluded that it might be possible for only protestant to Se represented was the Tootsie K Ranch (represented the CTGvi and. this protestant to reach an agreement which would cause the said protes- tant to dismiss the protest. It was agreed that approximately six months might be needed to complete s-ac'n negotiations, It was noted that the other protestants (Dasrson family) are located upstream from the Damsite and their water rights would not be ef- fected by the application. Since a large part of the proposed damsite is on the proper of the Dawsons, they wou-ld be cornyensated by damages when and if the District builds the proposed dm, wether through agreement or by condemnation action. The Committee therefore recornended that wA additional period of six months be requested of the State Mater Rights Bard for further settlement with the one protestant below the site. -4 letter to this effect was au-th.orized on notion of Director Rogers, seconded by Director Kelly, with copies to be sent to all protestants. Fred The Executive Secretary reported that Fred William of San lkcos had Williams complained by telephone regarding damage to i5s property by contractors on a further investigation and report to the Board at a later meeting. working on "ne District's pipe line. Engineer Clayton agreed to carry Bond The Ekecutive Secretary reported that Everts & Esenoff had recommended Files certain filing form for the bond coupons. On motion of Director Ewald, seconded by Director Greek, the Xxecutive Secretary was instructsd to get prices on these forms and report at the next meeting. -3- Audit The audit report of Everts & Esenoff for fiscal year 1956-1957 wes to ask Mr. McCarthy to be present at that meeting if possible. President Fry declzred the meeting adjourned at 9:30 P.M. 'ordered held for the next meeting and the Executive Secretary instructed I .".. , .- < .>" ., I^ ,J.' "':.."; ,.4 ;/ r ;> Ici.i/.:"-<), .'$ j i .' < ,"./< he/, c-4 ,. &,' / ,.. President of the Bobd of Diredors C~ARLSEAD MJNICIPAL ~ATER DIS&CT ATE ST : I%- 69, &J Secretary of the Board of Directors CARLSBAD- MJNICIPAL VATER DIT?ICT I u .. -4- ._I