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HomeMy WebLinkAbout1974-12-04; Municipal Water District; Resolution 325RESOLUTION NO. 325 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ORDERING THE DETACHMENT OF CERTAIN TERRITORY DESIGNATED LA COSTA VALE UNIT NO. 1-B DETACHMENT FROM THE CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 56322 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. (LA COSTA VALE UNIT NO. 1-B DETACHMENT) THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The following facts are hereby found and determined to be true: (a) The proceedings were initiated by the Board of Directors of the Carlsbad Municipal Water District pursuant to Section 56310 of the Govern- ment Code of the State of California. (b) The Carlsbad Municipal Water District com- menced the preliminary proceedings for the detach- ment of the territory described herein by filing with the Local Agency Formation Commission of the County of San Diego, Resolution No. 293, adopted January 17, 1973. (c) The territory described in said Resolution No. 293 is the territory hereinafter described in this Resolution. (d) The distinctive short form designation assigned by the Local Agency Formation Commission of the County of San Diego and the Board of Directors of Carlsbad Municipal Water District is ''LA COSTA VALE UNIT NO. 1-B DETACHMENT". A descrip- tion of the exterior boundaries of the territory proposed to be detached is attached hereto as Ex- hibit "A" and made a part hereof. -1- (e) The Local Agency Formation Commission of the County of San Diego has approved the pro- posed detachment by their Resolution adopted April 2, 1973, Ref: CO(W) 73-38. (f) The territory proposed to be detached is uninhabited. (9) All of the owners of the land within the territory proposed to be detached have given their written consent to such detachment. (h) The reasons for the proposed detachment are : (1) That the land is currently within the boundaries of the Olivenhain Municipal Water District and can be best served with water from the Olivenhain Municipal Water District. (2) The detachment of said land will be for the best interests of the District. (3) The detachment of said land will be for the best interests of the land and the owners thereof. (i) The terms and conditions of the proposed detachment are: (1) The payment by La Costa Land Company of all costs of said detachment, including, but not limited to, any ad- vertising costs, engineering fees and attorney's fees. (j) That the proceedings had for the said de- tachment were genuine and sufficient and in all respects complied with the District Reorganization -2- Act of 1965, beginning with Section 56000 of the Government Code of the State of California. 2. The Board of Directors of the Carlsbad Municipal Water District does hereby order the detachment of the territory described in Exhibit "A1' attached hereto, from the Carlsbad Municipal Water District, subject to the following terms and conditions: (a) The payment by La Costa Land Company of all costs of said detachment, including, but not limited to, any advertising costs, engineer- ing fees and attorney's fees. 3. The boundaries of the territory so detached from Carlsbad Municipal Water District are more particularly described as set forth in Exhibit "A" attached hereto and made a part of this Resolution. 4. This Resolution is being adopted pursuant to Section 56322 of the Government Code of the State of California and pur- suant to the Resolution adopted by the Local Agency Formation Commission of San Diego County by their Resolution adopted April 2, 1973, Ref: CO(W) 73-38. 5. This Resolution is being adopted without notice and hearing or without an election pursuant to Section 56322 of the Government Code of the State of California. 6. The Secretary of the Carlsbad Municipal Water District is hereby authorized and directed to: (a) Comply with the provisions of Chapter 8, Division 1 of the Government Code of the State of California, commencing with Section 56450 through 56457, inclusive. (b) Transmit to and file with the County Assessor of the County of San Diego and the -3- Board of Equalization of the State of California certified copies of this Resolution and descrip- tion of the boundaries of the territory so de- tached from the Carlsbad Municipal Water District and a map depicting said boundaries, in compli- ance with Sections 54900, et seq. of the Govern- ment Code of the State of California. ADOPTED, SIGNED AND APPROVED this 4th day of December, 1974. 4- FRED MAERKLE President of/#arlsbad Municipal Water District and of the Board of Directors thereof. ATTEST: W. D. CARf4ICHAEL Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -4- STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss. I, W. D, CARMICHAEL, Secretary of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRTCT, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Direc- tors of CARLSBAD MUNICIPAL WATER DISTRICT at a regular meeting of said Board held on the 4th day of December, 1974, and that it was so adopted by the following vote: AYES : Directors: Carmichael, Engelmann, Kelly and Maerkle. NOES : Directors: None. ABSENT : Directors: MacLeod AT W. D. CARMICHAEL Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -5- STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 SS. I, W. D. CARMICHAEL, 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 Direc- tors of CARLSBAD MUNICIPAL WATER DISTRICT at a regular meetfng of said Board held on the 4th day of December, 1974, and that it was so adopted by the following vote: AYES: NOES: ABSENT: Directors: Carmichael, Engelmann, Kelly and Maerklc. Directors: None. Directors: Mac Leo d L ~___ QAJ, &,J. $'.,LA _I_ -~- w, D. CARMICHAEL Secretary of Carlsbad Miinj cipal Water District and of lhe Board of Directors thereof.