RESOLUTION NO. 2001-14

 

A RESOLUTION ESTABLISHING ZONE NO. 102 AND

UNDERTAKING A PROJECT THEREIN

 

WHEREAS, the SAN BENITO COUNTY WATER DISTRICT (²District²) 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 Estates Subdivision 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; (the “PROJECT”) and

 

          WHEREAS, on March 12, 2001, the Board of Directors of the District adopted a Resolution of intention to create a zone of benefit and undertake said project; and

 

          WHEREAS, on June 25, 2001, the District Board of Directors held a public hearing, published and posted in compliance with Water Code Appendix §70-15; and

 

          WHEREAS, at said public hearing the Board considered all written and oral evidence pertaining to the creation of a zone of benefit and institution of the project described herein within said zone; and

 

          WHEREAS, a majority of the electors within said proposed zone did not file written protests against the proposed project prior to the conclusion of the hearing;

 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

 

          1.       The Board of Directors of the District hereby establishes a zone of benefit for the Comstock Estates Subdivision, which zone shall be known as ²Zone No. 102.²  Zone No. 102 is established for the purpose of owning, operating and maintaining water rights, water production and service facilities previously owned and operated by the Comstock Mutual Water Company (the “PROJECT”). 

 

          2.       A metes and bounds description of Zone No. 102, together with the map describing the zone boundaries, are attached to this resolution as Exhibits ²A² and ²B² respectively.

 

          3.       Rates and charges to be assessed within said zone for the purpose of operating, maintaining, extending, repairing, or otherwise improving the system, and for service of water within said zone, shall be established by ordinance of this District subsequent to the adoption of this resolution.  Further, the District and Comstock Estates Subdivision shall enter into an Agreement transferring the water production and service facilities to District.  This resolution shall not become effective unless and until the ordinance establishing rates and charges is adopted and a Transfer Agreement has been signed.

 

          4.       After the effective date of this resolution, a majority of electors, as defined in Resolution No. 2001-05, may petition the Board of Directors in writing to terminate the project.  Should such a petition be filed with the Board, the Board shall, subsequent to a hearing thereon, terminate the project and order the transfer all property and facilities, to the appropriate entity for Comstock Estates Subdivision. The transfer shall not be effective unless and until the entity and the transfer are approved by the State of California Department of Health Services.  Concurrently with the termination of the project, the District Board shall dissolve Zone No. 102 in accordance with the procedures set forth in Water Code Appendix Section 70-12.2.  Thereafter, the District shall be relieved of any further liability or responsibilities with regard to said water system.

 

          5.       The District shall conduct a public hearing at least annually and report to the Board and Zone No. 102 constituents as to the condition of the system.  The Ordinance establishing rates and charges shall also be reviewed and modified, as necessary, at said annual meeting.

 

          6.       It is hereby determined that the Project described in this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the Project has no environmental effects not already studied and fully mitigated in the environmental documentation prepared for the development of the Comstock Estates Subdivision.  Further, the Project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines.

 

          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 June 25, 2001, by the following vote:

 

AYES:         DIRECTORS:       Perry, Tobias, DeLaCruz, Swanson

NOES:         DIRECTORS:       None

ABSENT:    DIRECTORS:       Keck

 

 

 

_____/s/Robert M. Swanson____________

Robert Swanson, President

 

 

ATTEST:     ___/s/Janet L. Miller___________

                   Janet L. Miller

                   Administrative Services Officer