Resolution No. _______________

Board of Supervisors, County of San Mateo, State of California

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Resolution Creating the Edgewood Sewer Maintenance District and Levying the Cost of the Maintenance of the Sewer Collection System of Said District as a Charge on the Properties within said District - Edgewood Estates and Rathgar Court Subdivisions, et al. - San Carlos Area

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, this Board approved the subdivision of properties known as the Edgewood Estates and the Rathgar Court Subdivisions (Subdivisions); and

WHEREAS, the conditions of approval for the Subdivisions require that a sewer collection system be constructed to serve the properties in the Subdivisions; and

WHEREAS, the general area west of Edgewood Road where the Subdivisions are located is within the sphere of influence of the City of San Carlos; and

WHEREAS, the City of San Carlos has adopted policies that provide for transporting and treating wastewater from areas within its sphere of influence but not within its corporate limits; however, the City, by its current policies, will not maintain sewer collection systems in its sphere of influence but outside its corporate limits; and

WHEREAS, it is anticipated that said Subdivisions will be annexed to the City of San Carlos as soon as the area becomes contiguous to the City's corporate boundaries; and

WHEREAS, the Director of Public Works has recommended that a sewer maintenance district be formed to be responsible for the sewer collection system if a system is to be constructed to serve said Subdivisions and an additional parcel prior to the area being annexed to the City of San Carlos; and

WHEREAS, Section 5820 et. seq. of the Streets and Highways Code provides for the formation of sewer maintenance districts to pay for the maintenance of sewer collection systems; and

WHEREAS, Section 5820 et. seq. of the Streets and Highways Code further provides that a county board of supervisors may form a maintenance district and have all the expenses of maintaining the district's collection system to be a cost to the properties located within said district after holding a public hearing to consider any and all protests to the formation of said district.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that

1.

This Board has considered any and all protests at a duly notice public hearing which has been held for the specific purpose of considering any and all protests to the formation of the Edgewood Sewer Maintenance District (District); and

2.

Property owners representing over one-half of the area proposed to be included in said District have not protested the formation of said District.

3.

The Edgewood Sewer Maintenance District (District) is hereby formed for the purposes of:

a)

contracting for the transport and treatment of wastewater collected from the area as described in Exhibit "A" and as shown on Exhibit "B," both attached hereto and made a part hereof;

b)

accepting the collection system proposed to be constructed by the subdividers or property owners to serve said properties, once it has been constructed to the plans and specifications as approved by the Director of Public Works acting as the Engineer for said District; and

c)

maintaining the collection system once it has been accepted for maintenance by this Board, acting as the governing board of said District.

4.

This Board further determines that the expenses associated with maintaining and operating said system, including the initial funds necessary to finance the maintenance of said facilities and the cost of transporting wastewater collected by the District until annual service charges are levied and collected, shall be financed by the property owners in said district, by depositing funds with the District in an amount to be determined after the collection system has been constructed, with subsequent yearly expenses levied on the properties within the District and collected in the same manner as used by other sewer maintenance districts governed by this Board.

5.

The Clerk of this Board is hereby directed to file a copy of this resolution with the Assessor of the County of San Mateo and the Assessor shall thereafter, in making up the assessment roll, segregate the property included within said District, on the assessment roll under the designation of the Edgewood Sewer District.

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