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1966-02-08 i INUTES OI' 1HE SPEC IAI, 11!IEET IIv G OF THE BOARD OF DII-ECTORS OF THE SAN DIEGUITO IRRIGATION DISTRICT HEZD IN THE DISTRICT OFFICE IN ENCIITITAS, CAI,IFORNIA ON FEBRUARY 8, 1966 AT 9: 00 A. Td. Pursuant to Resolution R66-6 passed and ad.opted by the Board on February l, 1966 and in accordance with notice served in accordance with law, a special meeting vlas held in the District office at 9:00 A. M. on Febrvary 8, 1966. The meeting wias called to order by President IVeston. At- tendance was as follows: Present: Directors Pearson, Noonan, Bingham, Cermak and Weston; Assessor-Collec tor Taylor, Secretary-~Mlanager Mills, Attorney Cranston, and Engineer Holmgren of James NI. NTontgorr!er,y, Inc. Absent : Tdone Tne minutes of the meeting of December 14, 1965 and January 11, 1966 tivere approved and order filed. Secretary-IiIanager Pllills declined -to make a report at this time stating 'uhat a comprehensive report is being written v,rhich tivill be mailed to the Directors. Superintendent Brine reported that 2800 fEet of pipe was installed last month a._nd vrork is progressing Well on the Seaside Cardens job. Mr. Cnarles Hales, the District's representative to the San Diego County Water Authorit,y reported on the Districtts water allocation from the Authority, and on the possibilities of Saline conversion at the San Onofre Nuclear Power Station. Mr. Richard Holmgren of Ja.mes M. Montgomery, Inc. presented a report to the District on ~21e project to be financed by the proposed sale of general obligation bonds. -Q- Upon motion by Director Cermak, seconded by Director Noonan, and carried, the following resolution was adopted: RESOI,UTIOTt R66-7 RESOZUTION OF THE BOARD OF DIRECTORS OF SAN DIEGUITO IRRIGATION DISTRICT ACCEPTING ENGINEER' S REPORT AND ADOPTING PLAN FOR PROPOSED PROJECT. WHEREAS, this Board by its Resolution R66-5 has hereto- fore employed the engineering firm of Jasnes M. TVIontgomery, Inc., of Pasadena, California, to prepare surveys, examinations and drawings necessary to furnish the proper basis for makin,g an estimate of the axnount of money necessary to be raised for the acquisition and construction of a large capacit,y reservoir, filtration plant, transmission 1ine, and related facilities; and WHEREAS, said engineering firm has today submitted its report entitled "San Dieguito Irrigation iDistrict Preliminary Design and Cost Estimates for Filtration Plant, Filtered tiilater Reservoir and Main Transmission I,ine" writh reference to said matters above mentioned; and tiiINEREAS, this Board has considered said Report and Plans for said proposed project; and WHEREAS, said Report indicates that the proposed bond issue should be in an amount of $3,050,000 rather than in the amount•of $3,000,000 as contemplated by said Resolutior_ R66-5 above mentioned, NO'Id, THEREFORE, the Board of Directors of San Dieguito Irrigation District does hereby resolve, determine and order as follows : Said RePort of James N. NIontgomerY9 Inc. of Pasadena , California referred to above is hereby accepted and adopted as the Plan for said proposed project, and the air!ount o" the bond issue proposed to be submitted to the voters of the District is hereby increased to $3,050,000. Passed and adopted by the follodving roll call vote: Ayes: Directors Pearson, 1loonan, Bingham, Cermak and Westcn. Noes : None . Absent: None -10- In order to get the bond issue on the June Primary, it is necessary to have the Districts Securities Commission investi- gate the project and make a r-eport. Upoz~. motion by Director Pearson, seconded by Director Cermak, and carried, the following resolution was adopted: RESOZUTION R66-8 REQUESTING INVESTIGATION AND REPORI BY THE DISTRICT SECURITIES COMMISSION PURSUAIdT TO CHAPTER l, 1ART 9, DIVISIOPI 11 OF TIIE, WATER C ODE . WHEREAS, this Board has heretofore employed the engineering firm of James M. Montgomery, Inc., of Pasadena, California, to prepare surveys, examinations and drawings necessary to furnish the proper basis for making an estinate of the axnount of money necessary to be raised for the acquisi- tion and construction of a large capacity reservoir, filtration plante transmission lin:e, and r.elated facilities; and `iiIHEREAS, this Board has received the report oz said engineering firm, and by Resolution PTo. R66-7 adopted on February 8, 1966, approved said report and adopted it as the plan for the proposed project; and WHER.EAS, this Board is desirous oF calling a special election in the district to be consolidated witn the stateviide primary election on June 7, 1966, i'or the _purpose of authorizing construction bonds to finance the project; NOW, 1HERFORE, the Board of Directors of San Dieguito Irrigation District DGES HEREBY RESOI,VE, DETER1,iINE, AND ORDER as follovrs: - Section l. The California Districts Securities Commission is hereby requested to examine the plan for the proposed project including the making of a.ny additional surveys and examina-tions it deems proper or practicable, to issue its Report pursuant to Chapter -1, Part g, Division 11 of tne Water Code. -Section 2. The Secretary is hereby directed to certify and file a copy of this resolution with said Comsnission, to- gether with six copies of the report of Ja.mes M. Niontgomery, Inc., and a11 other docv.ments and information required by the Rules and _11- Rebulations of said Commissionm Passed and adopted by the following roll ca11 vote: Ayes: Directors Pearson, Noonan, Bingharn., Cermak and tiVeston. Noes: None Absent : None A report to the District Securities Commission must include a statement as to whether the District interlds to call For bids or to d.o the construction of the project under Lne Disi.rict's ov+m supervision. Upon motion by Director Cernlak, seconded by Director Bingham9 the following resolution was adopted: RESOI,UTIOTr R66-9 DECLARING THE SAN DIEGUITO IRRIGATIOI~1 DISTRICT'S INTENTION TO CAI,I, FOR BIDS FOR THE CONSTRUCTION OF CERTAIN tiVORK WHEREAS, this Board has heretofore employed the firm of Ja.rles N. Nlontgomery, Inc., of Pasadena, California, as engineers to prepare plans for the acquisition and construction of a large capacity reservoir, fill;ration plant, transmission line, and related facilities, and has accepted the report oi said engineers so employed, and has adopted said Report as a plan for said project; TTOV1, THERFORE BE IT RESOZVED 73Y THE BOARD OF DIRECTORS of San Dieguito Irrigation District that this Board hereby declares that it intends to call for bids for the construction of the works referred to in said Plan and does not intend to proceed to construct the works under its ovzm superiritendence. Passed and adopted by the following roll call vote: A,yres: Directors Pearsons Noonan, Cermak, Bingham, Weston. Noes: None Abaent: None. A proposal was read froln the J. B. Hanauer Co., Nlunicipal Finance Consultants, and was discussed at some lengtn. Upoi1 motion by Director Cermak, seconded by Director Noonan, and carried, the following resolution was adopted: -12- RESOI,UTIOPT R66-10 AUTHORIZING EXECUTION OF COIVTRA.CT BETWEEPI FIldANC IAI, C ON SUZTANT S J. F. HAIvAUER COPa'IPA1VY AND SAN DIEGUITO IRRIGATIOIv DISTRICT BE IT RESOI,VED BY THE BOARD OF DIR_ECTORS of Sa.n Diegvito Irrigation District that J. B. Hanauer Company, a corporation, Financial Consultants, be, and tney hereby are, emplo,yed as financial cor_sultants to render services in connection with the issuance of General Obligation Bonds of tlzis District, upon the terrns set forth ir_ a contract witr this District, a copy of vvhich proposed contract is attached to the Minutes of this meet- ing, marked 11Ex1iibit A" and by tnis reference made a part herEto. BE IT FURTHER RESOI,VED that tne ofi'icers of this District be, and they hereby are, authorized to execute said contract on behalf of the District. Passed and adopted by the following roll call vote: Ayes: Directors Pearson, Noonan, Bingham, Cermak and VVeston. Noes: None Absent : None Superintendent Brine reported on the D;strict's need for additional mobile units for field. radio coz~munications. Upon motion by Director Noonan, seconded by Director Cermak, the of- ficers of tne District were authorized -to investigate the avail- able units and to purchase those which they deem to be the most desirable. LTpon motion by Direc:i.or Pearson, seconded by Director Noonan, and carried, warrants number 20759 through 20795 zn the amount of $41,012.98 were authorized for payment. The District has purchased a substantial amount of pipe from firms which have been named in anti-trust actions. Upon motion.-by Director Bingham, secor_ded by Director Pearson, the following resolution was adopted: RESOI,U`rION R66-11 AUTHORIZING aAPI,OYMENT OI' JET~TNINGS, ENGSTRAND H:+ENRIKSON ATTORMEYS AT I,1?W, TO REPRESENT LHE DISZRIGT IiV E11TTI-1RUST AC`.CIOId AGAINST CER- TAIIv PIPE COMPANIES. -13- BE IT RESOZVED BY `.CHE BOARD OF DIRECTORS of San Dieguito Irrigation District that Jennings, Engstrand & Henrikson, attorneys at I,aw, be, and they hereby are, employed as counsel to respresent this District in al1 anti-trust actions against cer- taizz pipe companies to recover all su.ms to which this District is entitled under the Anti-Trust laws of the United States upon the terms set forth in the letter from said Jennings, Engstra.d, & Henrikson by Wallace R. Peck, directed to John M. Cranston, attor- ney for this District, dated February 3, 1966, a copy of which letter is attached to the Niinutes of this meeting, marked Exhibit B, and by this reference made a part of said minutes. Passed and adopted by-the following roll call vote: Ayes: Directors Pearson, Noonan, Bingham, Cermak and Weston. TJoes: None Absent; None. Mr. Holmgren informed the Board that Olivenhain MIunicipal jVater District had directed -their engineer, Bill Curtis of Boyle Engineering, Inc., to discuss with Nir. Holmgren the possible benefits and advantages to the Districts in inerging their interests in building a reservoir for common use. T-hG Toard authorized DTr. Holmgren to discuss any and all sub j ects whiclz rnight affect the future plan.ning of the District tivith the representatives of the surrounding districts. The recommendations arising from thepe discussions should be reported to the Manager but the District is not to be ba.und in any way during the discussion. A letter from the Department of Housing and Urban Affairs referring to the District's applica-tion for an engineering advance was read to the Board. It indicates that the Board must resolve to conform to the provisions,of the Civil Rights Act of 1964. Upon motion by Director Pearson, seconded by Director Cermak, and carried, the following resolution was adopted: -14- RESOLUTION R66-12 AUIHORIZIITG EXECUIION OF ASSURA.NCE OF COIViPZIANCE WITH THE HOUSING AND HOl!2E FINANCING AGENCY REGU- LATIONS UNDER TITLE 6OF . THE CIVII, RIGHTS ACT OF 1964 RESOZVED BY THE BOARD OF DIRECT.ORS of the San Dieguito Irrigation District tha-t President Fred B. VVeston, authorized representative, be ancl he hereby is directed by the Board of Directors to execute the assurance of compliance with the Housing and Horne Finance AgencJ Regulations of the Title 6 of the Civil Rights Act of 1964. Passed and adopted by the following roll call vote: AYES: Directors Pearson., Noonan, Cermak, Bingham and Weston. NOES: None ABSETTT : None Due to an error in advertising the meetings scheduled for Calendar Year 1966, it i:s necessary that the action taken i2 the January meeting be ratified. Upon motion by Director Cerz-nak, seconded by Director Pearson, and carried, th.e following resolutidn was adopted: RESOZUTION R66-13 ~ RATIFYING ACTIONS TAKEN AT MEETTNG OF THE BOARD OF DIRECTORS OF SAN DIEGUITO IRRIGATION DISTRICT HELD JANUARY 11, 1966. _ WHERFAS, this Board b,y its Resolution R65-46 adopted December 14, 1965, set the second Tuesday of each month at 9:00 A. M. at the office oz this Dis-Lrict, 59 East D Street, Encinitas, California, as the time and place for regular mee-(;ings of the Board of this District during the calendar year 1966; and 4VHEREAS, by error and inadvertence publication of said resolution for the time required by law was not completed prior to the rneeting of this Board held on January 11, 1966; NOW, THEREFORE I3ET'T`i RESOZVED BY THE BOILRD OI' DIRECTORS of San Dieguito Irrigation District that al1 actions of this Board taken at said meeting of Jan.uary 11, 1966, be, and they hereby are, ratified and confirmed as the actions of this Board. Passed and adopted by tne following roll call vote: Ayes: Directors Pearson, Noonan, Bingham, Cermak and Weston. Noes : None As'oent : None There being no further business, a motion was made by Director Bingham, seconded by Director Cermak, and carried that the meeting be adjournede The meeting was adjourned by President Weston. # #1 # APPROVE . i President ATTEST: S CRETARY ~ _1:G-. . . ,A ~ r . ; AGREEMENT THIS AGREEMENT, ,made in duplicate this day ~ of , 19 , by and between J: B. HANAUER & CO., a , California corporation having its principal place of business at 9300 Wilshire ' Boulevard, Beverly Hills, California (hereinafter called "Consultant"), and , SAN DIEGUITO IRRIGATION DISTRICT, County of San Diego, California (hereinafter called "District"), , WITNESSETH: I . i CONSULTANT hereby covenants and agrees to act as FINANCIAL ' CONSULTANT to the DISTRICT and the DISTRICT agrees to so employ CONSULTANT in conjunction with the financing of additions, improvements ' and betterments to the DISTRICT'S water system, as now contemplated by ' the DISTRICT, or as hereafter modified during the term of this agreement (hereinafter referred to as the "Program"). . II CONSULTANT will perform the following services, to wit: A. Preliminary Survey: CONSULTANT will confer with the Board of Directors and other District officials for the purpose of making a preliminary financial survey of the Program and to assist in the formulation of a coordinated plan to finance the Program. B. Financial Report: CONSULTANT will prepare and - furriish DiSTRICT a Financial Report for the Program, which shall include: 1) A. discussion of alternate financing.methods for the Program; • • ' , ' ~ 2) Recommendations as to the financing method to be used; • 3). An analysis of estimated interest costs which the DISTRICT will have to pay on ite obligationa; 4) A compilation of all monies needed by the DISTRICT to finance the Program, together with a study of anticipated funds available to pay operating costs of the Program, and principal and interest on the bonds; 5) tln analysis of rates, taxes, and/or special assessments required to finance the Program and an estimate of funds to be received from these sources; 6) An analysis of the basis of assessment levies . , and recommendations concerning the various means by which these assessments can be funded and sold at public or private sale, if it is decided to levy special assessments to finance all or part of the Program; 7) Detailed recommendations as to the .technical features of the bond issue or issues, including maturity schedules, call features, reserve funds, and othe r pertinent data; 8) Suggested covenants. between the DISTRICT and , its revenue bond holders, which covenants will ' enable the DISTRICT to sell its bonds most -2- . ' • i • . . , I advantageously, in the event revenue - - bonds are to be sold to finance the Program; 9). Detailed tables based on engineering , projections for the years in which the bonds are to be outstanding, which ! tables shall reflect the ability of the ~ DISTRICT to meet annual principal ; . i ~ and interest payments on the contem- , i . plated bond issue and maintenance and j operating costs of the Program. , C. Application for Loan or Grant: In the event State ' . and/or Federal funds are sought through loans . and/or grants, CONSULTANT agrees to assist in , preparation of the financial aspects of the required _ > applications including the compilation of financial and statistical data pertinent thereto. ; D. Bond Elections and Assessment Proceedings: ' CONSULTANT will furnish complete factual data , concerning the Program, which the DISTRICT, through its officials, citizens' committees, or _ civic organizations, may reproduce, disseminate, ' and distribute to fully advise the electorate.on any • 'i . . bond issue or issues andfor assessments pertaining thereto. CONSULTANT shall be available for , attendance at meetings of such citizens' committees ; -3- ' , • i or civic: organizations. CONSULTANT will, . i at the request of the DISTRICT, assist in , preparing factual statements concerning . the Program for release by District officials. • E. Municipal Bond Market: CONSULTANT will , furnish DIST'RICT with complete information concerning current municipal bond market conditions and will advise the DISTRICT on • the bond maturity schedules, funds, covenants, ~ and other features which will, in CONSULTANT'S opinion, make the proposed bonds most acceptable to prospective purchasers and therefore mar.ket- • able at the lowest possible interest rates. ~ F. Official Statement (Bond Brochure): CONSULTANT ; will accumulate and compile into an Official State- , . ~ ment for the bond issue all. pertinent economic, , financial, and statistical data pertaining to said ~ bond issue, which Official Statement shall be ' satisfactor.y to the Board of Directors. Each. Official Statement shall include the Official Notice of Sale, and shall accurately reflect the economic and financial growth. of the ' DISTRICT. " - CqNSULTANT will then print and distribute said Official Statement.in conjunction with the ' -4- ' ~ sale of the contemplated bond iasue. All costs of accumulating, compiling, printing { ~ and distributing the Official Statement.shall . be borne by CONSULTANT. G. Revision of Official Statemerit: In the event the authorized bonds for the Program are sold ~ in more than one sale, CONSULTANT will , revise the original Official Statement to . reflect changes in pertinent data which.may have occurred subsequent to the original , sale. All costs of revising, printing, and distributing such revised Official Statement , . • ~ shall be borne by CONSULTANT. . ` H. Distribution ot Official Statement: CONSULTANT will distribute copies of each of said Official ~ Statements to a minimum of 100 municipal bond underwriters located in principal cities ! throughout the United States, and in addition • • , will furnish the DISTRICT with a minimum of ~ 25 such copies. . ~ I. Financial Rating: CONSULTANT will use its ' best efforts to obtain for the DISTRICT a • ' financial rating on the bonds to be issued,,.by . Mood'y's Investors Service and Standard & Poo.r's, New York City. . -5- J. Attendance at Bond Sales: CONSULTANT will attend all meetings of the Board of Directors at . which bi.ds for bonds are received, for the purpose ' of assisting in the computation and evaluation of ' such bids. ' K. Attendance at Meetings: CONSULTANT will attend any meetings of the Board of Directors, when . deemed necessary. . ' . • . III If more than one election is necessary to obtain approval of the: : Program or in the event modifications and/or revisions of the methode and/or amounts of financing are required, this agreement shall remain in full force and effect and CONSULTANT will continue to perform all of the foregoing services. - . . , IV Nothing contained herein shall be interpreted to imply that CONSULT- , ANT intends to, or. will, perform any services which would violate the election laws of the State of California or any other, laws relating to aervices ' performed in conjunction with bond elections and/or assessment proceedings . in this State. . v . The DISTRICT agrees to provide and pay for any and all engineering; : -legal,; appraisal, property acquisition, or other technical or professional ~ services of any kind necessary to be incurred by the DISTRICT to further the , Program and the financing thereof, other than those items assumed by ~ CONSULTANT herein. ' . -6- , VI . i The DISTRICT is under no obligation or compulaion to init'iate: the ~ financing of the Program. . ' . VII . The DISTRICT will pay CONSULTAN.T the following compensation for all services to be rendered by CONSULTANT hereunder: , A. One and three-quarters per cent (1 3/4%) of the par , value of the first-$500, 000 bonds sold. or asseasments ' levied by the DISTRICT; B. One and one=quarter per cent (1 1/4°fo) of the par ' value.of the next $500, 000 bonds sold or assessments levied by the DISTRICT; . ' C. Three-quarters of one per cent (3/4 of 1%) of the par ' . : , value of all bonds sold or assessments levied by the ~ . . i DISTRICT in excess of $1, 000, 000; . D. Provided, however, that compensation specified in A, . B, and C above shall not be less than the sum of Seven . Thousand F'ive Hundred Dollars ($7, 500. 00). Said compensation shall be payable as follows; A. In the event bonds are sold to finance all or part of , the Program, then compensation based on the sale of bonds shall be due and payable by the DISTRICT . within thirty (30) days after the issuance, sale, and . ' " delivery of such bonds; , B. In the event assessments are levied to finance all or part of the Program, compensation based on auch . -7- . . • ' ~ , - . • . as s e s s ments shall be due 'and payable within, one , hundred fifty, (150) days after the date on which . , such assessments are levied; C. In the event that bonds of any type are sold in more ' than one sale, then the minimum amount of Seven . Thousand Five Hundred Dollars ($7,. 500. 00) shall . . be due and payable by the DISTRICT within thirty (30) days after' the issuance, sale, and delivery . of the bonds of said first sale; provided, however, ' that if said minimum amount is in excess of the fee schedule contained herein, such excess amount . shall be credited against subsequent compensation ' to be .pa,id. , : . The aforesaid compensation shall be due CONSULTANT only in the 'event the bond issue or issues are successfully voted at a bond 1 election held for that purpose and the bonds thereby authorized are sold, . ~ at either public or private sale or to State or Federal Agencies, or in the . . event assessments. are levied to finance all or a portion of the Program, or in tne. event the Program is financed by the municipal leas,eback method. ' The DISTRICT shall.at no time be liable for the reimbursement of , any out-of-pocket expenses or other expenses of any nature whatsopver incurred by CONSULTANT, nor shall the DISTRICT be required to pay 'CONSULTANT for reasonable value of servicea rendered hereunder.. . , -8- . . ' . ' . ' . - , . . . • , . . . , ~ VIII . . ~ The term of this agreement shall be for a period of three (3) years from the date hereof. In tlie event, however, that financing authorized durinb this three-year period for the Program has not been completed, theri . the term of this agreement shall be extended until the date of such completion and for six (6) months thereafter. Completion of ,financing is defined as. the . - issuance, sale, and delivery of bonds, or the, levying of assessments: ' IN WITNESS WHEREOF the par.ties have cau sed this agreement to ' be executed on the day and year firet above written by their officere there- ; unto duly authorizecl. . • , J. B. HANAUER & CO. By . William L. Fieldman _ Executive Vice President SAN DIEGUITO IRRIGATION DLSTRICT . By . President, Board of Directors ATTESTED: (SEAL) Secretary, Board of I}irectors ' - -9- _ . . , . • ~ . - ~ • • - . . ~ r - . . . . . ~ e ' . . Y 1 I A-- . . ~ _ , . ~ . . . - , , ♦ . . /4 y ~ LAW OFFICES /.H.JENNINGS AUL D. ENGSTRAND,.,R. JENNINGS, ENGSTRAND 8 HENRIKSON EO R. B. HENRIKSON . AUL EUGENE OVERTON 8262 UNIVERSITYAVENUE TELEPHONE469-4191 OMN H. WHITNEY POST OFFICE BOX 308 AROLO E. LANDIS AREA CODE 714 /AILACE R. PECK LA MESA,CALIFORNIA 92043 ONALD W. RAYMOND . February 3, 1966 John M. Cranston, Esq. Gray, Cary, Ames & Frye 14th Floor Bank of America Bldg. San Diego, California 92101 Re: San Dieguito Irrigation District Antitrust Action Against Pipe Companies Dear Mra Cranston: Thank you for your letter of January 25, 1966, and the summary of pipe purchases by San Dieguito Irrigation District included therewith. We have been agreeing to represent various members of the San Diego County Water Authority on the same basis that we are representing the Authority, to wit, at an hourly rate of $35.00 an hour plus $225.00 per day for each day in court and expensese Fees for services that we render on behalf of all of our cliazts will be pro rated among them. We believe that the fairest way of doing this is to apportion these charges upon the basis of the involvement of each agency as measured by its pur- chases in relation to the purchases of others. Necessarily, this means that the Water Authority will bear the great burden of these fees and expenses. Having purchases in excess of $15,000,000.00 worth of pipe, the Water Authority's share will exceed eight-five per cent of the total. At the other end of the scale is San Dieguito Irrigation District. Due to the comparatively small volume of purchases, the portion of these joint costs and expenses that would have to be shared by that district should not exceed one or two per cent. Of course, any services rendered solely on behalf of San Dieguito, such as preparation of complaints, examination of documents, interviewing of personnel, preparation of answers to interrogatories, etc., cannot be apportioned and would have to be borne solely by the districto Although it is difficult to speculate as to fees and expenses in any litigation, it is unlikely that the district would be required to expend more than $1,200.00 during the coming twelve months, should an action be instituted at this time. We endeavor _ , ' I 1 , • ~ ~John M. Cranston, Esq. . -2- February 3, 1966 to.bill monthly and thus a close check can be kept on the amount being expended. In your letter you raised a question regarding the district's pipe purchases of 1963. Since the district was fully reimbursed by the State of California for all of its expenditures, it is very doubtful that these purchases could be made part of any claim, since the district has suffered no damage by reason of the actions of the defendants. This does not mean that we would waive the point in our pleadings. However, it will ultimately be necessary for us to take a position on this and similar situations, and to be consistent we would have to admit that no damage has been suffered. The problem is analagous to the one presented , where the district purchases through contractors. The question arises as to whether the contractor or the district is the proper party to sue. The defendants will argue that the contractors are the proper parties, and we will argue that the districts are the proper parties since the price increases were passed on to the district and it is the district that suffered the damage. The potential claim of San Dieguito appears to be one of the smaller claims that will be presented from the San Diego County area. But inasmuch as these are being handled on a consolidated basis, it would not appear to be unwise for it to file at this time. Please call me if you desire any further information before your board meeting on February 8, 1966. ; Very truly, urs,. I+ I ~..--/G~`XC~-- V ~ r r \ WALLACE Ro PECK WRP/mj ' . • . , . , . eT . B. HANAIIER 8L CO. J.B.HanauerSCo.Building MUNICIPAL eoNOS 9300WiishireBaulevard Beverly HiIIs,California 90212 MUNICIPAL FINANCIAL CONSULTANTS CR3-5900 • TRB•4300 February 9, 1966 ~ Board of Directors San Dieguito Irrigation District 59 East "D" Street Encinitas, California , Gentlemen: Thank you for employing our firm to handle the financing of the contemplated improvements to the District's water system. In accordance with statements made to you yesterday, we wish to add the following, which should be inserted as a part of Section II: "Districts Securities Commission: CONSULTANT will_be available for conferences with the Districts Securities Commission and will prepare whatever financial reports are required for approval. of the bonds by that agency. " Please consider the above paragraph as a supplement to the Agree- ~ ment which was executed yesterday. Sincerely, .-/r William L. Fieldr~ n Executive Vice President WLF rh cc John M. Cranston, Esq. .B. : : oo. ; BEVERLY HILLS • SAN FRANCISCO • SACRAMENTO • FRESNO lEncinitas Coast mispatch Decreed A Legal Newspaper by the Superior f:our! of San Diego Couniy "F" STREET AT SECOND PLATEAU 3-1114 ENCINITAS, CALIFORNIA STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, ' I, ARCH I E J H ICKS, Jr., of the said county, being duly sworn, depose and say: THAT I om ond at all times herein mentioned have been a citizen of the U-nited States, over the age of twenty-one years, and that I am not a party to, nor interested in the above entitled matter; THAT, I am Publisher of The Encinitos Coast Dispatch a newspaper of generol circulation, printed and published weekly in the Town of Encinitas, County of Sqn Diego, State of Colifornia, ond which newspaper is published for the dissemination of local news and intelligence of a generol character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newsaoper has been established, printed and published at regular intervals in the said Town of Encinitas, County of San Diego, State of Colifornia, for a period exceeding one yeor next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the onnexed is a printed copy, has been published in eaeh regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: , REGULAR -„Februar,y„3,,,,,,,,,,,,,,,,,,,, 19 ,66 MEETING DATES FOR THE ' • BOARD OF DIRECTORS FoRTHE February 10, 66 CALENDAR YEAR 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . BE IT RESOLVED tha[ the regular , meeting of the Board of Directors of the SAN bIEGUITO IRRIGATION DIS- ~ 19 ~ TRICT for the Calendar Year 1966 shall i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ be held in [he District Office at 59 East "D" Street, Encinitas, California at 9:00 A.M. on the second Tuesday of each calendar month. SAN DIEGUITO IRRIGATION • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . 19 • • DISTRICT ' BY: STANLEY T. MILLS ~ ~ Secretary i . CD Feb. 3, 10, 1966 ' 19 I certify under penalty of pery'ury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of Cali- farniaonthe lOth aayotFebruary ,19_66 Pu sher -~6~-