RESOLUTION NO. 2002-19

 

A RESOLUTION AMENDING RESOLUTION NO. 2002-17

A RESOLUTION ESTABLISHING ZONE NO. 103 AND

UNDERTAKING A PROJECT THEREIN

 

          WHEREAS, on October 29, 2002, the Board of Directors of the San Benito County Water District (“District”) adopted Resolution No. 2002-17 a resolution establishing Zone 103 and undertaking a project therein; and

 

          WHEREAS, Resolution 2002-17 provides that “If a majority of electors protest the adoption of rates and charges, or the parties fail to enter into a Transfer Agreement within sixty (60) days from the adoption of this resolution, all proceedings to create a zone of benefit and a project therein shall terminate”; and

 

          WHEREAS, certain obstacles and delays have been encountered which were unanticipated and beyond the control of the parties.

 

          NOW, THEREFORE BE IT RESOLVED THAT, Resolution 2002-17 is amended to read as follows:

 

          3.       Rates and charges to be assessed within said zone of the purpose of operating, maintaining, extending, repairing, or otherwise improving the system by ordinance of this District subsequent to the adoption of the 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 until the publish hearing pursuant to the California Construction, Articles XIII C and D, has been conducted without a majority protest, and ordinance establishing rates and charges has been adopted and a Transfer Agreement has been signed.  If a majority of electors protest the adoption of rates and charges, or the parties fail to enter into a Transfer Agreement within by February 27, 2003, all proceedings to create a zone of benefit and a project there under shall terminate.

 

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 December 18, 2002 by the following vote:

 

AYES:          DIRECTORS           Swanson, Tobias, Keck, Perry, De La Cruz

NOES:                   DIRECTORS           None

ABSENT:      DIRECTORS           None

 

 

                                                          ___/s/Douglas Keck______________

                                                          Douglas Keck

President

 

ATTEST:       __/s/Janet L. Miller__________

                   Janet L. Miller

                   Administrative Services Officer