RESOLUTION NO. 2002 – 11

 

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 Harmony Hills Water System, System No. 3500503, is the owner of water rights and water facilities, which are subject to significant sanitary hazards; and

 

          WHEREAS, the State of California, Department of Health Services has declared it’s intent to petition the Court for the appointment of a receiver for the Harmony Hills Water System if no decision regarding the transfer of ownership is reached by September 30, 2002; and

 

          WHEREAS, more than 50% of the landowners in the Harmony Hills Water System area have petitioned the District requesting that the District study, design and develop a water system to meet the needs of the Harmony Hills Water System area; 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 Harmony Hills Water System area and to institute a project therein, to wit, the study, including the development of a financing plan, design, development, ownership, operation and maintenance, and replacement of a public water system serving the Harmony Hills Water System area.

 

2.          The engineering estimate of costs to undertake such project is approximately $410,000 exclusive of the value of the water rights, real property interests and existing 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 August 21, 2002 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 Harmony Hills Water Service area 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 Regular Meeting of the Board of Directors of the San Benito County Water District held on June 26, 2002, by the following vote:

 

AYES:          DIRECTORS:          Perry, DeLaCruz, Swanson, Tobias

NOES:          DIRECTORS:          None

ABSENT:          DIRECTORS:          Keck

 

 

San Benito County Water District

 

 

 

_____/s/Kenneth Perry_____________

Kenneth Perry

Vice - President

 

ATTEST:

 

 

____/s/Janet L. Miller_____________

Janet L. Miller

Administrative Services Officer