RESOLUTION NO. 2002-17
A
RESOLUTION ESTABLISHING ZONE NO. 103 AND
UNDERTAKING
A PROJECT THEREIN
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, CANYON VIEW OAKS,
INC., AND PHIL PEARCE (“Owner”) are the owners of land, water
rights and water facilities which are operated and maintained by Owner
as required by the County of San Benito; and
WHEREAS, more than 50% of the
landowners in the Harmony Hills 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 and rehabilitate same for the benefit and at the expense of said
landowners and water users; and
WHEREAS, the project covered by
this resolution is for the transfer of water rights, land rights and water
facilities to the District and continued operation and maintenance of
same; and
WHEREAS, on June 26, 2002, 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 October 29, 2002, the District Board of Directors held a continued 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 Harmony Hills Subdivision, which zone shall be known as “Zone No.
103.” Zone No. 103 is established for
the purpose of owning, operating and maintaining water production and service
facilities previously owned and operated by the Owner (the “PROJECT”),
and for the restoration and rehabilitation of these facilities to meet current
standards of public health and safety under the California Safe Drinking Water
Act.
2. A
map describing the zone boundaries, is attached to this Resolution as Exhibit
“A.”
3. Rates
and charges to be assessed within said zone for the purpose of operating,
maintaining, extending, repairing, or otherwise improving the system, for
service of water within said zone and for repayment of debt, shall be
established by ordinance of this District subsequent to the adoption of
this resolution. Further, the District,
Owner, and Harmony Hills Landowners shall enter into an Agreement
transferring a fee interest and other interests sufficient to accomplish the
purposes of the PROJECT in land, all springs and well sites, tank sites,
pipeline and facility rights of way, water rights and water production, storage
and service facilities to District.
This resolution shall not become effective unless and until the public
hearing pursuant to the California Constitution, Articles XIII C and D, has
been conducted without a majority protest, an ordinance establishing rates and
charges has been adopted and a Transfer Agreement has been signed. If a majority of electors protest the
adoption of the rates and charges, or the parties fail to enter into a transfer
agreement within 60 days from adoption of this resolution, all proceedings to
create a zone of benefit and a project therein shall terminate.
In addition to other terms for the
transfer of land and facilities, the Transfer Agreement shall provide that Owner
and Harmony Hills Landowners shall indemnify, defend and save harmless the
District and it officers, employees and agents from all claims,
liabilities, causes of action, and damages, including reasonable attorney’s
fees, arising from the condition of the facilities, quality and quantity of
water (including the system’s failure to meet California Safe Drinking Water
standards), and operation and maintenance of the water facilities prior to the District’s
assumption of ownership of the land and water facilities. The hold harmless set forth in this
paragraph shall continue after the District assumes ownership as to
claims relating to Owner’s operation and maintenance of the facilities
prior to such assumption by the District and which claims are made after
the District assumes ownership.
4. Pursuant to Water Code Appendix Section 70-16 and 70-17, Zone 103 shall be included in the Administrative Assessment Zone. This Resolution shall not become effective unless and until the District has successfully negotiated an agreement with the County of San Benito to apply the current Administrative Assessment Zone share in the 1% maximum tax on real property under Article 13A of the California Constitution to the lands of Zone 103.
5. After
the effective date of this Resolution, a majority of electors, as defined in
Resolution No. 2002-11, 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 of all property and
facilities, previously conveyed to District, together with all assets
and loan obligations of the Zone to the appropriate entity for service to all
lands within Zone 103. The transfer
shall not be effective unless and until the entity and 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. 103 in accordance with the
procedures set forth in Water Code Appendix Section 70-12.2. Thereafter, the District shall be
relieved of any further liabilities or responsibilities with regard to said
water system.
6. The
District shall conduct a public hearing at least annually and report to
the Board and Zone 103 constituents as to the physical and financial condition
of the system. The Ordinance
establishing rates and charges shall also be reviewed and modified, as
necessary, at said annual meeting. The District
shall meet with the landowners and customers of Zone 103 or their
representative at least 15 calendar days before the public hearing.
7. It
is hereby determined that the PROJECT described in this Resolution, to
wit, the transfer of ownership of water facilities and the continued operation
and maintenance of these facilities, is categorically exempt pursuant to
Section 15301(d) of the CEQA Guidelines.
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 October 29,
2002, by the following vote:
AYES: DIRECTORS: Keck, Tobias, DeLaCruz
NOES: DIRECTORS: None
ABSENT: DIRECTORS: Swanson,
Perry
_____/s/Douglas
Keck__________________
Douglas
Keck
President
ATTEST: __/s/Janet L. Miller___________
Janet L. Miller
Administrative Services
Officer