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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 01/20/1975 EAST SAN BERNARDI'NO COUNTY WATER DISTRICT NOTICE OF SPECIAL MEETING JANUARY 20, 1975 A Special Meeting of the Board of Directors of the East San Bernardino County Water District has been scheduled for 5:30 p.m., January 20, 1975, at the District Office, 1155 Del Rosa Avenue, San Bernardino, CA. The purpose of the meeting is to discuss the Annexation of Tract 8827, 31 Lots, John C. Heers, Developer, requesting the receipt of both water and sewer service from the District, and any other matters that may come before the Board at that time. Harold G. Rickert, Secretary Board of Directors AFFIDAVIT OF POSTING Notice of Meeting of the Board of Directors of the East San Bernardino County Water Di]strict. STATE OF CALIFORNIA SS COUNTY OF SAN BERNARDINO HAROLD G. RICKERT, BEING FIRST DULY SWORN, DEPOSES AND SAYS: That he is and at all times herein mentioned was the duly qualified Secretary of the Board of Directors of the East San Bernar- dino County Water District, San Bernardino County, California; and that he caused to be posted on or near the door of the meeting place of the Board of Directors of said District a copy of the Notice of a scheduled Special Board Meeting of the Board of Directors of the East San Bernardino County Water District. Said posting was commenced on January 17, 1975 and re- mained posted to the time of the Meeting, said~J~eeting being Jan- Secretary Board of Directors Subscribed and sworn to before me this 20th day of January, 1975. Notary Public in and for the State of California ~ ~ CALIFORNIA EAST SAN BERNARDINO COUNTY WATER DISTRICT SPECIAL MEETING JANUARY 20,.1975 MINUTES CALL TO ORDER The meeting was called to order by President Forrest at 5:30 p.m. PLEDGE OF ALLEGIANCE The President led those in attendance in the Pledge of Allegiance to the Flag of the United States of America. DIRECTORS PRESENT: Forrest, Disch, StaIlwood, Littleton DIRECTORS ABSENT: Wall OTHERS PRESENT: General Manager Rickert, Attorney Robert J. Farrell, Auditor Hendricks DISCUSSION OF REQUEST FOR LETTER OF ASSUR- The President stated to the Board Members ANCE FOR WATER AND that this Special Meeting had been called SEWER SERVICE IN TRACT to discuss the providing of water supply 8827 and sewer services to Tract 8827 (31 lots) being developed by John C. Heers, Inc., of Hesperia. He asked the General Manager to give further details of the matter. The General Manager stated the District had been requested by the Bank of California National Association, who is providing the construction financing for the tract for a letter of assurance since the annexation of the Tract to the District had not been completed. The General Manager explained that Mr. Heers had filed a request for annexation and paid the fees for annexation of the 7.6 acres and it was discovered by District Staff that the transaction was in escrow and the title was not vested in John C. Heers, Inc. He advised the Board that he had talked with Attorney James Edwards who represents the vested owner and is willing to request annexation and sign the necessary annexation papers and that he would also sign a mequest for annexation of the additional lands being annexed (45 acres total, including the 7.6 acres) as well as sign a Deference Agreement statTng the additional land being sold to Mr. Heers would meet the water formula (3 acres feet/acre) if and when the land developed and required water and sewer service from the D~strict. The General Manager asked Attorney Farrell to comment on the matter. He stated he did not foresee any legal problems in the request in that in accordance with the law, the District could serve water outside the District with the surplus water, that the Districthas available. The Board determined a surplus supply of water does exist and such request for water and sewer service would be a benefit to the District. MOTION Director Staltwood moved, du}y seconded by Director Littleton authorized the Secretary 1/20/75 -1- ' and legal counsel to prepare a letter of assurance to the Bank of California National Association approving the execution of the letter of assurance by the Secretary, assuring the Bank of California National Association that the District would pro- vide domestic water and supply sewer service to Tract 8827. That Attorney Edwards shall provide and execute a proper request for annexation of lands (45 acres, more or less) being purchased by John C. Heers, Inc., and that a Deference Agreement be prepared by the District's Legal Counsel on the acreage over and above the 7.6 acres being develop- ed as Tract 8827 indicating Superior Orchards, Inc. and/or John C. Heers, Inc. will meet the District water formula when the land is developed and requests water and sewer service. That the Agree- ment with the bank become null and void after the annexation has been fully completed. There being no further business to take up, as ADJOURNMENT this was a special meeting for a noted purpose, a motion to adjourn by Director Disch, duly seconded by Director Stallweod and unanimously carried by those Directors present, the meeting was adjourned by the President at 6:05 p.m. J H~rold G. Ricke~, Secretary N6rman WL Forrest, Pres~/deht -2- 1/20/75