Loading...
HomeMy WebLinkAbout1958-01-30; Municipal Water District; MinutesMINUTES OF AN ADJOURNED FWXLAR MEETING OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNI- CIPAL WATER DISTRICT HELD JANUARY 3, 1958 AT 4:OO P.M. AT 2%0 PI0 PIC0 DRIVE, CARLSBAD, CALIFORNIA The meeting was called to order by President Fry. Rogers, Greek; Engineer Kubota, Donald Ayres, Stewart White, Col. Harry Price, md Messrs. Schlack & Walker of the Bank of America, and Executive Secretary A. Stephens Lowrie. - This being the time and place fixed for the opening of bids for the $350,000 bonds of Carlsbad Municipal Water District for Improvement District No. 2, San Mego County, 1 California, designated BONDS OF CARLSBAD MJNICIPAL WATER DISTRICT FOR IMPROVEMENT DIS- TRICT NO. 2, ELECTION 1957, SERIES 1 and numbered 1 to 393, inclusive, the following bid received pursuant to notice of sale was publicly opened, examined and read: Directors present: Ewald, Fry, Kelly, absent: none. Also present were Engineer Short, Attorney Swirsky, City Bank of America, N.T.& S.A. Taylor & Company Jones & Cosgrove & Miller bid par, accrued interest to date of delivery and a premium of $29.00 for bonds bearing interest payable annually the first year and semiannually thereafter at the rate of: Rate - Year Sk 1958 to 1988 under "Alternate A" (not subject to call or redemption prior to maturity) T he bid was accompanied by a good faith check in the amount of $lO ,500. There being no other bids received, the bid was then referred to a committee headed by Director Rogers and includfng Director Greek and Attorney Swirsky for checking and computation, a report thereon to be given to the Board of Directors later in this meeting. 7 President Fry declared a recess at 4:08 P.M. for whatever period would be required for checking and computing the bid. the following Directors answering roll call: The meeting was called to order again at 4:U P.M. with Ewald, Fry, Kelly, Rogers, Greek. The Committee appointed to check and compute the bids on the bonds for which bids were opened previously during this meeting reported that the bid of Bank of Amrica, N.T.& S.A., Taylor & Company, Jones & Cosgrove & Miller is the bid yielding the lowest net cost and recommended that the bonds be issued as non callable in accordance with the bid. After consfdering the report thereof, it was moved by Director Ewald, seconded by Direc- tor Rogers, that the following resolution as read by the Executive Secretary be adopted and set forth in full on the minutes: AYES : Directors Ewald, Fry, Kelly, Rogers, Greek NOES : Directors None ABSENT : Directors None RE3OIUTION NO. 30 RESOLUTIOR OF THE BOARD OF DIECTORS OF CARLSEAD MUNICIPAL WATER DISTRICT PROVIDING FOR TIE ISSUANCE OF BONDS OF SAID DISTRICT FOR IMPROVEMENT DISTRICT NO. 2 TIBREOF IN THE AMOUNT OF $350,000 FOR THE ACQUISITION AND COMSTRUCTION OF A WATER TRANSMISSION PIPELIPU'E WITH APPURTENANCE3 AND APPURTENAtJT WORKS. WHEREAS, pursuant to the Municipal Water District Act of 1911, as amended, and pursuant to Resolution No. 66 of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT a special election was duly and regularly held on the 19th day of November, 1957, in that territory included within the boundaries of Improvement District No. 2 of CARLSBAD MUNICIPAL WATER DISTRICT -I- at which election there was submitted to the qualified voters of said district the following: BOND PROPOSITION: Shall the Carlsbad Municipal Water District incur bonded indebtedness for Improvement District No. 2 thereof in the principal sm of $soO,OOO for the purpose of the acquisition and construction of water trans- mission pipe lines with appurtenances and appurtenant works from the existing facilities of the Carlsbad Municipal Water District located along the El Camino Real Road to points within the Carlsbad Municipal Water District covering gener- ally the most southerly 18,000 feet of the Carlsbad Municipal Water District, including works, machinery and other property (including lands and easements) useful and necessary to store, convey, supply and otherwise make use of water for the lands and inhabitants within the exterior boundaries of said Improve- ment District No. 2, and including expenses of all proceedings for the authorization, issuance and sale of the bonds? and WHEREAS, more than two-thirds of the votes cast at such election were in favor of and assented to the incurring of such indebtedness? and all and singular the requirements of the Constitution and laws of the State of California have been complied with in the holding of said election, and the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT is now authorized and empowered to provide for the form of bonds of said district and for the issuance of any part thereof for the purpose provided for in the aforesaid resolution, payable, principal and interest, from taxes levied exclusively upon the taxable property within said c IMPROVEMENT DISTRICT NO. 2, except to the extent that such principal and interest may be paid f'rom water revenues as permitted or required by law; and WHEREAS, it is proper and the necessity therefor appears that part of said bonds in the amount of three hundred fifty thousand dollars ($350,000) be issued for the purpose hereinabove stated, and in the form and manner hereinafter provided. NCSW, THEREFORE, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. That bonds of CARLSBAD MUNICIPAL WATER DISTRICT FOR IMPROVEMENT DISTRICT NO. 2 in the sum of $340,000 be issued for the purpose state in the propos,tion set out in the recitals hereof, and that said bonds shall be designated "BONDS OF CARLSBAD MUNICIPAL WATER DISTRICT FOR IMPROTTEMENT DISTRICT NO. 2, ELECTION 1957, SERIES 1". Said bonds shall be three hundred and fifty in number, numbered 1 to 350, both inclusive, and shall be of the denomination of $1,000 each. and shall be payable in consecutive numerical order on March 1 in each year of maturity in the amounts for each of the several, years as follows: Said bonds shall be dated March 1, 1958, -2- Principal Years Amount Inclusive $ 5,000 5,000 - 5,000 5,000 5,000- 5,000 I 5 ,OW 5,000' I fD ,000 10 ,000 900 10,000 10,000 10 ,000 m,Ooo 1959 1W 1961 1%2 1%3 1964 1%5 1966 1967 1968 1%9 140 1971 1972 1973 c Principal Ye ars Amount Inclusive 19'74 19'75 19'76 1977 1978 1419 1990 1981 lqS2 1983 194 1985 1986 1987 1988 Said bonds shall bear interest at the rate of 5% per annm, payable semiannually, except that interest for the first year shall be payable at the end of said year. Said bonds and the interest thereon shall be payable in lawful money of the United States of lEmerica at the office of the Treasurer of the district, Carlsbad, Cali- fornia, or at the main office of Bank of America National Rvst and Savings Association in Los Angeles, California, or San Francisco, California, or at any fiscal agency of the district in Chicago, All of the bonds issued hereunder are bonds of Illinois, or New Pork, New Pork, at the option of the holder. CARLSBAD MUNICIPAL WATER DISTRICT and shall be issued in the name of the said district, but any taxes levied to pay the principal thereof and interest thereon shall be levied exclusively upon the taxable property in IMPROVEmNT DISTRICT NO. 2 OF CARLSBAD MUNICIPAL WATER DISTRICT. Section 2. That the President of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof and the Peasurer of said district are authorized and directed to sign all of said bonds, and the Secretary of said district and of the Board of Directors thereof is authorized and directed to countersign said bonds and to affix thereto the official seal of said district, and the Treasurer is hereby authorized and directed to sign the interest coupons of said bonds. President and Treasurer may be printed, lithographed or mechanically reproduced, except that the signature of the Secretary to said bonds shall be manually affixed. All such signatures of the The interest coupons to be attached to the bonds shall be numbered in consecutive numerical order beginning with coupon No. lwhich shall be for the annual interest due March 1, 1959. Section 3. That the proceeds of the sale of said bonds shall be placed in the treasury of CARLSBAD MUNICIPAL WATER DISPRICT in a fund to be designated c_ "CARLSBAD MUNTCIPAL WATER DISTRICT, IMPROVEMENT DISTRICT NO. 2, ELECTION 1957, BOND CONSTRUCTION FUND," and shall be expended only for the purpose for which the indebtedness was created (set forth in the recitals hereof) except as provided in Section 17 of the Wcipal Water District Act of 1911. Section 4. The Board of Directors, so far as practicable, shall fix such rate or rates for water in the district and in Improvement District No. 2 as will result in revenues which will pay the operating expenses of the said district and Improvement District No. 2, provide for repairs and depreciation of works, enlargements, pay the interest on any bonded debt (including the interest on the bonds herein provided for) -3- If the revenues of the district, or of Improvement District No. 2, are or in the judgment of the Board of Directors will probably be inadequate for any cause to pay the principal of or interest on the bonds herein provided for as said principal and interest become due, and the amounts above set forth, the Board of Directors must cause a tax to be levied, as provided in the Municipal Mater District Act of 1911, sufficient to provide for such deficit and to pay the amount of such principal and interest as will become due before the proceeds of a tax levied at, the next gen- eral tax levy will be available. The Board of Directors shall determine the amounts necessary to be raised by taxation during the fiscal year for the payment of interest on said bonds and providing of a sinking or other fund for the payment of the principal of such bonds as the same may become due, and shall fix the rate or rates of tax to be levied which will raise the amounts of money required by the district for such pur- poses, and within a reasonable time previous to the time when the Board of Supervisors is required by law to fix its tax rate, the Board of Directors shall certify to the Board of Supervisors the rate or rates so fixed and shall furnish to the Board of Supervisors a statement in writing containing the following: (a) and estimate in writing of the IIlinimum amount of maney required to be raised by taxation during the fiscal year for the payment of the principal and interest on the bonds herein provided for, as will become due before the proceeds of a tax levied at the next general tax levy will be available, and (b) an estimate of the minimum amount of money required to be raised by taxation during the fiscal year for all other purposes of the district. The Board of Directors shall direct that at the time and in the manner required by law for the levying of taxes for county purposes such Board of Supervisors shall levy, in addition to such other tax as may be levied by such Board of Dupervisors, at the rate or rates so fixed and determined by the Board of Directors, a tax upon the taxable property within said IMPROVEMENT DISTRICT NO. 2 OF CARLSBAD MUNICIPAL WATER DISTRICT for the said purposes, and it is made the duty of the Board of Supervisors to levy the tax so required and it shall be the duty of all county officers charged with the duty of collecting taxes to collect such tax in time, form and mer as county taxes are collected and when collected to pay the same to the district. I I j All such water rates and taxes for the payment of principal of and interest on such bonds shall be established, levied and collected as provided in the Municipal Water District Act of 1911 (Stats. 1911, p. 1290, as amended) . All moneys derived from such taxes for the payment of principal and all other moneys allocated and designated for payment of sad bonds and the in- terest thereon shall be placed in a fund of the district designated "CARLSBAD MUNICIPAL WATER DISTRICT, IMPROVEMENT DISTRICT NO. 2 ELECTION 1957 SERIES 1, BOND INTEFEST AND SINKING FUND," and until all of said bonds and all interest thereon have been fully paid the moneys in said fund shall be used for no other purpose than the payment of said bonds and the interest thereon. Section 5. Said bonds and the coupons for the interest thereof shall be printed, lithographed or engraved in substantially the following form: U-WTED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN DIEGO BOND OF CARLSBAD MUNICIPAL WATER DISTRICT FOR IMPROVEMENT DISTRICT NO. 2, ELECTION 1957, SERIES 1 No. Under and by virtue of the Wcipal Water District Act of 1911, as amended, Carlsbad Municipal Water District in the county of San Mego, State of California, promises to pay the bearer on the 1st day of March, 19-, the sum of ONE THOUSA?JD DOLLARS, with interest thereon at the rate of percent ( per annum, interest for the first year payable at the end of said year and iaerest %I -4- thereafter payable semiannually on the first days of September and March of each and every year until this bond is paid, upon presentation and surrender of the interest coupons hereto attached. Both principal and interest are payable in lawful money of the United States of America at the office of the Treasurer of the district, Carlsbad, California, or at the main office of Bank of America National Trust and Savings Association in Los Angeles, California, or San Francisco, California, or at any fiscal agency of the district in Chicago,Illinois, or New York, New York, at the option of the holder thereof. water revenues of said Municipal Water District or Improvement District No. 2 thereof as permitted or required by law. bond and the interest hereon shall be levied exclub*ely upon the taxable property in Municipal Water District nor any officer thereof is holden for the payment thereof otherwise. The principal of this bond and the interest hereon may be paid from - Taxes levied for the payment of the principal of this I Improvement District No. 2 of Carlsbad Municipal Water District, and neither Carlsbad IT IS HEREBY CERTIFIED, FtECITED AND DEXLBRED that all requirements of the Con- stitution and laws of the State of California have been fully complied with by the proper officers in the issuance of this bond; that the issue of bonds of which this is one has been authorized by a vote of mom than two-thirds of the duly qualified voters of said Improvement District No. 2 of Carlsbad Municipal Water District voting on the question of such issue at a special election duly and regularly called, held and con- ducted in said Improvement District No. 2 November 19, 1957, and that as authorized by law provision has been made for the collection of an annual tax upon the taxable property within said Improvement District No. 2 of Calrsbad Municipal Water District sufficient to pay the interest on this bond and the issue of which it forms a part, as said inter- est falls due, and also to constitute a fund for the payment of the principal thereof as it may become due. IN WITNESS WHEREOF, said district has caused this bond to be signed by the President of said district and of the Board of Directors thereof and by the Treasurer of said district by their printed, lithographed or engraved facsimile signatures, and countersigned by the Secretary of said district and of said Board of Directors and sealed with the official seal of said district, and the coupons hereto attached to be signed by the Treasurer by his printed, lithographed or engraved facsimile signature, and this bond to be dated this first day of March, 1958. - &/L[J /-+I President of /Carlsbad,Nhicipal Water District and ofithe Board of Directors thereof Treasurep'of Carlsbad Municipal Water District COUNTERSIGNED: . Secretary of said District and of said Board (SEAL) -5- (COUPON FORM) Coupon No. On the first day of CARLSBAD MUNICIPAL WATER DISTRICT 19- will pay to the bearer hereof at the office of the Treasurer of the district, Carlsbad, California, or at the main office of Bank of America National Trust and Savings Association in Los Angeles, California, or San Francisco, California, or at any fiscal agency of the district in Chicago, Illinois, or New York, New York, at the option in lawful money of the United States of America, being the interest then due on Bond No. of said district. Taxes levied for the payment of this coupon shall be levied exclu- sively upon the taxable property in Improvement District No. 2 of Carlsbad Municipal Water M strict. of the holder hereof, the sum of rlb Dated March 1, 1958 Municipdl Water District ADOPTED, SIGNED AND APPROVED this 30th day of Januq, 1958. President df the d of Directors of ~arf&6ad Municipal Water District ATTEST: h Secretary of the Board of Directors of Carlsbad Mmiclpal Water District (SEAL) STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 88. I, MAX 0. EWALD , Secretary of the Board of Directors of Carlsbad Municipal Water District, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Directors of said district at of said Board held on the 30th day of regular meeting January it was so adopted by the following vote: (SEAL) APES : Directors Ewald, Fry, Kelly, Rogers, Greek NOES: Directors None ABSENT: Directors None Secretary of Carlsbad Munioipal Water District and of the Board of Directors thereof. After considering the bid and the report thereon, it was moved by Director Rogers, seconded by Director Kelly, that the following resolution be adopted and set forth in full on the monutes: APES: Directors Ewald, F'ry, Kelly, Rogers, Greek NOES: Directors None ABSENT: Directors None RESOLUTION NO. - 71 RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT AWARDING $350,000 BONDS OF SAID DISTRICT FOR IMPROVEMERT DISTRICT NO. 2 THEREOF TO THE BEST BIDDER AND €EJECTING ALL OTHER BIDS. WHEREAS, at the time and place fixed for the opening of bida for the $350,000 bonds of Carlsbad Municipal Water District for Improvement District No. 2, designated BONDS OF CARLSBAD MUNICIPAL WATER DISTRICT FOR IMPROVEMENT DISTRICT NO. 2, ELFXTION 1957, SERIES 1, and numbered 1 to 350, inclusive, all bids were publicly opened, examined and read, and a tabulation thereof has been entered in the minutes; and WHEREAS, the bid of the bidder hereinafter named is the best bid made by a responsible bidder for said bonds; NOW, THEREFORE, the Board of Directors of fkklsbad Municipal Water District does hereby FESOLVE, DETERMINE AND ORDER as follows: Section 1. That the bid of Bank of America National Trust and Savings Association, Taylor & Company, and Jones & Cosgrove & Miller offering par, accrued interest to date of delivery and a premium of bonds to bear interest payable annually the first year and semiannually thereafter at the rates of: c $29.00 for said I Rates - Years 5% 1958 to 1988 is the bid for said bonds yielding the lowest net interest cost. accepted and the bonds awarded to said best bidder in accordance with the terms of the proposal. Said bid is hereby -7- Section 2. That all bids other than the one accepted in Section 1 hereof are rejected and the Secretary of the district is directed to return the check ac- companying said rejected bids to the respective bidders. at the rate(s) stated in Section 1 hereof. Section 3. That the interest rate(s) on said bonds is (are) hereby fixed Section 4. The Treasurer of the district is hereby directed to deliver said bonds to the successful bidder upon the payment of par, accrued interest to date of delivery and the premium above stated. - ADOPTED, SIGNED AND APPROVED this 30th day of January, 1958 0 Water District and&f the Board of Directors thereof. ATTEST: Secretary of Carlsbad Municipal Water District and of said Board. (SEAL) STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. I, MAX 0. EWALD , Secretary of the Board of Directors of Carlsbad Municipal Water District, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Directors of said district at an adjourned regular meeting of said Board held on the - 30th day of January, 1958, and that it was so adopted by the following vote: AYES : Directors ESIALD, FRY, KELLY, ROCfERS, GREEK NOES: Directors NONE ABSENT: Directors NONE sei?qYf 67 cwis Water District and of the Board of Directors thereof. 1 On motion of Director Rogers, seconded by Director Kelly, Jeffries Banknote Co., was authorized to print the bonds for Improvement District No. 2. The Executive Secretary was thereupon instructed to deliver certified copies of botb Resolutions to W. Schlack of the Bank of America, Oceanside. Minutes Minutes of the meeting of 1-13-58 were approved as corrected on motion of Director Rogers, seconded by Director Ewald. Correspondence : 1. Notice of luncheon and premiere showing of the "Story of the Feather River PTojectw, Monday, Febm 3 (28 minute film) at U.S. Grant Hotel ($1.75) - sponsored -8- San Diego Chamber of Commerce. Greek, all Directors wishing to attend were so authorized. 2. On motion of Mrector Rogers, seconded by Director Crane Co. -- Notice of claim against Hallmark Construction Co. for $2,824..61. Attorney Swirsky pointed out that the time for filing of legal stop notices had expired. provides authority for the District to withhold payments to cover past due charges. Engineer Short stated that this appears to be a dispute between the contractor and supplier and advised that the District should not become involved except as legally He stated, however, that the contract entered into by the Mstrict c I necessary. I On motion of Director Rogers, seconded by Director Greek, the Secretary was instructed to acknowledge the document. 3. Hallmark Construction Co., 1-28-58 -- stating complaint against service of Crane. Co, 4. County of San DiePo - application for service connection for Palomar Airport. Master plan map attached. This was ordered placed on the 2-5th agenda. 5. San Mego County Water Authority, 1-28-58 I Notice of meeting of Operating Heads, Feb. 6, 1958, l0:OO A.M. and request for estimated water production figure for 1958. On motion of Director Kelly, seconded by Mrector Greek, Director Rogers was author- ized to attend the meeting and to offer 300 acre feet of water as previously agreed upon. by Mrector Kelly, Boyle Engineering was authorized to negotiate with the City on behalf of the District and get the job done. 6. City of Carlsbad, 1-29-58 - re R, L. Watson. On motion of Director Rogers, seconded 7. Walter,Woody & Heimerdinger, 1-27-58 - stating interest in negotiating for purchase of Improvement District Mo. 2 bonds. 8, City of Carlsbad, 1-30-58 -- Enclosing Resolution lO56-A approving annexation of South Carlsbad No. 1.2" and plat map of same. - Ordered filed. I Bond Re gi s t er register. On motion of Director Bogers, seconded by Director Ewald, Attorney Swirsky recommended that the Board order a permanent bond the Secretary was authorized to purchase same. Reservoir Leak should be done. was no leak in evidence and that it is possible that the recent rains are responsible for the water in evidence. Engineer Short reported an apparent leak in the reservoir which would result in a loss of about a acre feet per year. his firm is in process of investigating and will advise later as to what He added that during the first three or four months of operation there He stated that Short stated that there is nothing to worry about. Mutual Pipeline & Const. Coo would contact Mr. Hollopeter on the subject within a few days, Bond Fund District No. 1) to cover interest payments due March 1st ($49,3ZO less amount to be paid by Mstrict on registered bonds). Engineer Short reported that he has not yet had response from Mutual. Pipeline & Construction Co. regarding the clean-up work requested of them in line with notice from the State Righway Dept. He stated he On motion of Director Rogers, seconded by Director Ewald, authorization was granted to transfer sufficient funds to Bank of America (Improvement Hospital The Executive Secretary was authorized on motion of Director Rogers, sec- onded by Mrector Greek, to investigate and get information on California Physicians Service with a view to securing coverage through the Irrigation - Insurance Districts Association, On motion of director Ewald, seconded by Director Rogers, bills through January 3Cth were approved. Don't Waste Director Rogers reported on the Don't Waste Water Committee stating that Water R. Hardin is local chairman and Rogers, vice-chairman. He stated that a meeting will be held 2-13th to discuss the campaign and that Mr. f. Smith had suggested a tour of San Mego County reservoirs by members of the committees and others. The Mutual Water Co. has agreed to stand half the expense of such a tour, Mr- ector Rogers reported. On motion of Director Rogers, seconded by Director Kelly, the CMWD Board agreed to contribute to the cost of such a trip fn an amount not to exceed $75.00 . Engineering The contract as previously submitted by Boyle Engineering was reviewed with respect to percentage requested for Engineering. Engineer Short explained that it was actually less than recommended by the schedule of the American Society of Civil Engineers and the fact that it is more than the charge for work on Improvement District No. 1 is a reflection of the difference in the size of the project. Director Kelly suggested possibly calling for bids on engineering. Attorney Swirsky concurred with Engineer Short that bids are not required for such pro- fessional services. 7 Director Rogers moved that in view of the fact that Boyle Engineering ' had done all the work so far in tkds connection and had done acreditable job, and that another firm would have to start from the beginning making the work more costly in the long run, the contract as submitted by Boyle Engineering be authorized by the Board with the proper officers empowered to execute same. The motion seconded by Director Ewald, Carried. Bond Printing On motion of Director Rogers, seconded by Director Kelly, Jeffries Ranknote Co. was authorized to print the bonds for Improvement District No. 2. Construction Engineer Short stated that plans and specifications can be ready on March Bids 5th and bids could be opened on March 26th at an adjourned or special meeting. He said that construction of the line could be completed in ninety days and that it could be in operation by July 2nd although it would take about six months to complete the reservoir. Improvement District No. 2 to determine what connections would be required prior to completion of plans and "specst1. said a definite schedule would be presented on February 5th. The meeting was declared adjourned at 5:38 P.M. He agreed to work with the Committee representing He agreed to see if the schedule could be advanced and I /'? . d2>L( i 'i L2>, ' President ofthe Directors CARLSBAD ATT EST: Ql )/* Secretary of the Board of Directors CARLSBAD- MUNICIPAL WATER DISTRICT