RESOLUTION NO

RESOLUTION NO. 2001 – 05

A RESOLUTION OF INTENTION TO CREATE

A ZONE OF BENEFIT AND TO UNDERTAKE A PROJECT

WHEREAS, the San Benito County Water District (“District”) is vested with the power to do any and every lawful act necessary so that sufficient water may be available for any present or future beneficial use or uses on the lands or for the inhabitants within the District including the storage and distribution of water for domestic, fire protection and municipal uses; and

WHEREAS, the District is further vested with the power to acquire by grant or otherwise, and to hold, use and enjoy real and personal property of every kind including land, structures and buildings, and to alter and operate any and all works or improvements necessary to carry out the purposes of the District; and

WHEREAS, the Comstock Estates Subdivision, developed by Creekbridge Homes, is the owner of water rights and water facilities which are or will be operated by a mutual water company as required by the County of San Benito; and

WHEREAS, more than 50% of the landowners in the Comstock Subdivision have petitioned the District requesting that the District take over the water rights, water system and facilities and that the District own, operate and maintain said system for the benefit and at the expense of said landowners and water users; and

WHEREAS, it is the intent of the District to establish a zone and to undertake the project set forth above subject to the public hearing and the results, if any, or any written protests against the proposed project.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Board of Directors hereby gives notice of its intention to establish a zone of benefit for an area consisting of all lands contained within the Comstock Estates Subdivision and to institute a project therein, to wit, the ownership, operation and maintenance of a public water system currently referred to as the Comstock Mutual Water Company which serves up to 42 connections in the Comstock Estates Subdivision.

2. The engineering estimate of costs to undertake such project is $6,500 exclusive of the value of the water rights and water facilities to be transferred to the District.

3. A public hearing to consider the establishment of the zone and the undertaking of the project described herein shall be held on April 4, 2001 at 7:30 p.m. at the District Office located at 30 Mansfield Road, Hollister, California.

4. A map showing the general location of the zone of benefit and general construction of said project shall be posted at a public location at the Comstock Estates Subdivision for review by any interested person.

5. Any elector in the proposed zone of benefit opposed to the establishment of the zone and/or the undertaking of the above-described project may submit a written protest prior to the conclusion of said hearing. The Board of Directors shall suspend all proceedings if written protests against the proposed project, signed by a majority in number of the electors of the proposed zone of benefit, are timely filed with the board. Protests received after the conclusion of the hearing shall not be considered by the board.

An “elector” for purposes of this paragraph 5 shall mean any person, who is qualified to vote in the State of California, is registered under the provisions of the California Elections Code in the precinct of the proposed zone and is a resident of the proposed zone as of the date of the aforementioned public hearing.

The foregoing Resolution was passed and adopted at a Special Meeting of the Board of Directors of the San Benito County Water District held on March 12, 2001, by the following vote:

AYES: DIRECTORS: Perry, Tobias, DeLaCruz, Keck

NOES: DIRECTORS: None

ABSENT: DIRECTORS: Swanson

San Benito County Water District

___/s/Douglas Keck______

Douglas Keck

Vice - President

ATTEST:

_/s/Janet L. Miller_____________

Janet L. Miller

Administrative Services Officer