May 12, 1971 (8 pages)

2 The Nevada County Nugget — Wednesday, May 12, 1971 First Queen contestan y a PICTURED ABOVE are the 4th of July Queen Committee and the first entrant in the contest. Michelle Mulligan is pictured in .the center, Richard Stearns left, Robert ("Bob") Harrison, and Jerry Hurlbut, co-chairman of the.queen for two. contest. The winner will receive a trip to Hawaii NID wins decision in water price In a long awaited court case, the Nevada Irrigation District © has won a decision against Wilbur May. The case, which was tried nearly a year ago, involyed the price of water to be charged to May for his property which was formerly a portion of the Beale Air Force Base complex. May relied on a 1918 agreement with the predecessor of NID to supply water for $6 . NEVADA COUNTT NUGGET) PUBLISHED EVERY WEDNESDAY BY NEVADA COUNTY PUBLISHING CO, 301 Broad Street Nevada City, Ca. 95959 Telephone 265-2471 Second class postage paid at Nevada City, California, Adjudicated a legal news_ paper of general circulation by the Nevada County Superior Court , Juce 3, 1960. DecreeNo, 12, 406. Subscription Rates: one year, $3.00; two years, $5, 00. 1967 PRIZE-WINNING NEWSPAPER of the CALIFORNIA. NEWSPAPER PUBLISHERS ASSOCIATION } an acre instead of the $15.50 currently charged by NID for comparable service. Lawyers for NID used four arguments against compelling NID to sell the water for $6. First it was argued that the contract which specified a fixed dollar amount for water charge, even though made by a private person and not a governmental entity, could not be enforced against a successor to that private person which was a governmental entity. The reasoning was that such an obligation amounted to an unlawful delegation of the discretion of the board to fix and set water within the NID boundaries. The second argument was that to enforce such 4 contract was unlawful and against public policy because it is the public policy in California to require. the elective officials of an irrigation district to determine rates ‘}-for water supply, and that a fixed price for water written in 1918 would violate this public policy. It was also argued that because a portion of the Tarr Ditch was condemned in 1940 for Beale Air Force Base there had been a material failure of consideration in the contract “between the predecessor of NID in 1918 and the landowners: in the area, ' Finally, it was argued that because the portion of the Tarr Didtch crossing May's property had been the subject of condemnation during World War II for Beale Air Base, when May obtained the property after the war, the agreement could no longer be attributed or attached to the real property. The contract to supply water at $6 per acre could not be enforced against NID because the condemnation in 1942 merged the easement for the ditch and the underlying property. The court relied solely on the fourth argument. The written decision of the court does not deal with the other arguments, It has not been determined whether May will appeal the decision but if he does then the other arguments can still be used, separately or together. District Moose meeting here The Grass Valley Moose Lodge was host to a District 4 meeting at its headquarters on East Main Street recently. Chico Bokeko, district president, presided, All lodges in the district reported on activities. They are Sacramento, West Sacramento, Yuba City, Folsom, Fair Oaks, Placerville and Roseville. Governor Rudy Kutchar reported on the progress of Grass Valley Lodge No, 2217 for the -past year and the coming events for May. The meeting was followedby a luau and dance. ee fee ee . TA” ‘ mittee chosen for redistricting County supervisors this week appointe1 Asst, Ccunty Counsel Brian Bishop, Sheriff Wayne Brown, County Clerk Theodore Kohler Jr. and Supervisors Larry Filer and Bob’ Long to a re-districting committee. The low requires that the board appoint a committee and adopt a plan by Nov. 1, and if it does not, provides. for a statutory committe to take ov'-er the study. (Ed. Note: According tolegislation 1970, the boundaries of the supervisorial districts shall be adjusted -by the board before the first day of Nevember of the -year following the year in which the decennial federal census. is taken. If the board failstoadjust the boundaries on that date then a. commission shall do so before the 31st day of. December of the same year to be effective immediately. The commission shall be composed of the district attorney, who shall be chairman, the county assessor and the county clerk.) Re-districting on a basis of population will become effective Jan. 1, 1972, Bishop said. The Study is complicated and can not be done shortly before the deadline, he warned. Long suggested naming the committee and the board discussed proposed methods of accomplishing re-districting, The following budget transfers were approved from unappropriated reserves: --$2,810 to the county assessor for temporary salaries and office expenses caused by merging the Nevada Irrigation District and county assessment tax roles, --$600 to the court reporter because the present balance is inadequate to pay for court ordered transcripts. --$370 to the agricultural commissioner for gasoline purchased by the Nevada City School Department, with the money having originally reverted to the general fund, ' Supervisors set June 28 asthe target date for setting the preliminary budget. They will hold budget hearings with department heads next month, --By resolution closed a portion of the North Bloomfield and Relief Hill roads for the June 13 pony express relay race to be held in conjunction with the North Bloomfield Homecoming Celebration. --Accepted Bank of America's low -bid for school bonds for Pleasant Valley Sck»ol District, --Approved a property exchange of a portion of a lot at Loma Rica Air Park. --Accepted the county clerk's canvass of the Valley View Road District election. Thirty residents voted 26-4 in favor of the district. Discussed problems connected with creating special districts and noted that they increase paper work and the necessity of charging someone with keeping track of the districts, ~-Accepted with regret Joseph Aguerra's resignation from the Overall Economic Development Plan Committee and appointed Ray Smith to succeed him. Both men are from the Truckee area. --Set May 25 as-the time to hear Edwyn Tattersall's appeal of the planning commission's denial of two family residential zoning in Alta Sierra Estates No. 1, Set June 1 as the time to hear an appeal of neighboring property owners who objectto the commission's approval of a use permit for Herb Nies to locate a mobile home on Squirrel Creek Road. ~ --Tabled a.motion to appoint Michael Good, Dorothy Burille andConnie Lang to the Citizens' Committee for the Governors' Welfare Reform Program, pending determining the candidates positions concerning the pro--Re-appointed Bob Long and Ralph Buchanan. to the Local Agency Formation Commission. LAFCO recommended the action. Special tax zone approved for Wildwood Formation; of a special tax zone within the Nevada County Sanitation District No, 1 for Lake Wildwood Subdivision and annexation of the Pleasant Valley School site to the sanitation district were approved Tuesday. County supervisors sitting as a’ board of directors for the sanitation district unanimously voted for both proposals, No testimony for or against either measure was presented at the two separate public hearings held Tuesday, : County Counsel and Willard Schollerman of Lake Wildwood said that prospective property owners will be told of the tax and a notice of it will appear on the public report. The development company is in the process of selling lots with the program expected to gain momentum soon, Schollerman said. The director of public works anticipated that the service charge would be about $11 per lot, The county auditor said further study will be needed before a tax rate can be developed. The Local Agency Formation Commission approved annexation of the Pleasant Valley site to the district. Pleasant Valley will be required to pay its proper assessment, county counsel said. ANGLER'S BIG CATCH Cliff Swenson of Grass Valley was fishing on Deer Creek about 300 yards from the bridge on Bitney Spring Road when he.caught a parking meter, ‘The police said that it had been stolen from Grass Valley but they weren't sure from where as several have been stolen, Sit back and let classified ads do the selling, renting or buying for you. fue

2 The Nevada County Nugget — Wednesday, May 12, 1971 First Queen contestan y a PICTURED ABOVE are the 4th of July Queen Committee and the first entrant in the contest. Michelle Mulligan is pictured in .the center, Richard Stearns left, Robert ("Bob") Harrison, and Jerry Hurlbut, co-chairman of the.queen for two. contest. The winner will receive a trip to Hawaii NID wins decision in water price In a long awaited court case, the Nevada Irrigation District © has won a decision against Wilbur May. The case, which was tried nearly a year ago, involyed the price of water to be charged to May for his property which was formerly a portion of the Beale Air Force Base complex. May relied on a 1918 agreement with the predecessor of NID to supply water for $6 . NEVADA COUNTT NUGGET) PUBLISHED EVERY WEDNESDAY BY NEVADA COUNTY PUBLISHING CO, 301 Broad Street Nevada City, Ca. 95959 Telephone 265-2471 Second class postage paid at Nevada City, California, Adjudicated a legal news_ paper of general circulation by the Nevada County Superior Court , Juce 3, 1960. DecreeNo, 12, 406. Subscription Rates: one year, $3.00; two years, $5, 00. 1967 PRIZE-WINNING NEWSPAPER of the CALIFORNIA. NEWSPAPER PUBLISHERS ASSOCIATION } an acre instead of the $15.50 currently charged by NID for comparable service. Lawyers for NID used four arguments against compelling NID to sell the water for $6. First it was argued that the contract which specified a fixed dollar amount for water charge, even though made by a private person and not a governmental entity, could not be enforced against a successor to that private person which was a governmental entity. The reasoning was that such an obligation amounted to an unlawful delegation of the discretion of the board to fix and set water within the NID boundaries. The second argument was that to enforce such 4 contract was unlawful and against public policy because it is the public policy in California to require. the elective officials of an irrigation district to determine rates ‘}-for water supply, and that a fixed price for water written in 1918 would violate this public policy. It was also argued that because a portion of the Tarr Ditch was condemned in 1940 for Beale Air Force Base there had been a material failure of consideration in the contract “between the predecessor of NID in 1918 and the landowners: in the area, ' Finally, it was argued that because the portion of the Tarr Didtch crossing May's property had been the subject of condemnation during World War II for Beale Air Base, when May obtained the property after the war, the agreement could no longer be attributed or attached to the real property. The contract to supply water at $6 per acre could not be enforced against NID because the condemnation in 1942 merged the easement for the ditch and the underlying property. The court relied solely on the fourth argument. The written decision of the court does not deal with the other arguments, It has not been determined whether May will appeal the decision but if he does then the other arguments can still be used, separately or together. District Moose meeting here The Grass Valley Moose Lodge was host to a District 4 meeting at its headquarters on East Main Street recently. Chico Bokeko, district president, presided, All lodges in the district reported on activities. They are Sacramento, West Sacramento, Yuba City, Folsom, Fair Oaks, Placerville and Roseville. Governor Rudy Kutchar reported on the progress of Grass Valley Lodge No, 2217 for the -past year and the coming events for May. The meeting was followedby a luau and dance. ee fee ee . TA” ‘ mittee chosen for redistricting County supervisors this week appointe1 Asst, Ccunty Counsel Brian Bishop, Sheriff Wayne Brown, County Clerk Theodore Kohler Jr. and Supervisors Larry Filer and Bob’ Long to a re-districting committee. The low requires that the board appoint a committee and adopt a plan by Nov. 1, and if it does not, provides. for a statutory committe to take ov'-er the study. (Ed. Note: According tolegislation 1970, the boundaries of the supervisorial districts shall be adjusted -by the board before the first day of Nevember of the

-year following the year in which the decennial federal census. is taken. If the board failstoadjust the boundaries on that date then a. commission shall do so before the 31st day of. December of the same year to be effective immediately. The commission shall be composed of the district attorney, who shall be chairman, the county assessor and the county clerk.) Re-districting on a basis of population will become effective Jan. 1, 1972, Bishop said. The Study is complicated and can not be done shortly before the deadline, he warned. Long suggested naming the committee and the board discussed proposed methods of accomplishing re-districting, The following budget transfers were approved from unappropriated reserves: --$2,810 to the county assessor for temporary salaries and office expenses caused by merging the Nevada Irrigation District and county assessment tax roles, --$600 to the court reporter because the present balance is inadequate to pay for court ordered transcripts. --$370 to the agricultural commissioner for gasoline purchased by the Nevada City School Department, with the money having originally reverted to the general fund, ' Supervisors set June 28 asthe target date for setting the preliminary budget. They will hold budget hearings with department heads next month, --By resolution closed a portion of the North Bloomfield and Relief Hill roads for the June 13 pony express relay race to be held in conjunction with the North Bloomfield Homecoming Celebration. --Accepted Bank of America's low -bid for school bonds for Pleasant Valley Sck»ol District, --Approved a property exchange of a portion of a lot at Loma Rica Air Park. --Accepted the county clerk's canvass of the Valley View Road District election. Thirty residents voted 26-4 in favor of the district. Discussed problems connected with creating special districts and noted that they increase paper work and the necessity of charging someone with keeping track of the districts, ~-Accepted with regret Joseph Aguerra's resignation from the Overall Economic Development Plan Committee and appointed Ray Smith to succeed him. Both men are from the Truckee area. --Set May 25 as-the time to hear Edwyn Tattersall's appeal of the planning commission's denial of two family residential zoning in Alta Sierra Estates No. 1, Set June 1 as the time to hear an appeal of neighboring property owners who objectto the commission's approval of a use permit for Herb Nies to locate a mobile home on Squirrel Creek Road. ~ --Tabled a.motion to appoint Michael Good, Dorothy Burille andConnie Lang to the Citizens' Committee for the Governors' Welfare Reform Program, pending determining the candidates positions concerning the pro--Re-appointed Bob Long and Ralph Buchanan. to the Local Agency Formation Commission. LAFCO recommended the action. Special tax zone approved for Wildwood Formation; of a special tax zone within the Nevada County Sanitation District No, 1 for Lake Wildwood Subdivision and annexation of the Pleasant Valley School site to the sanitation district were approved Tuesday. County supervisors sitting as a’ board of directors for the sanitation district unanimously voted for both proposals, No testimony for or against either measure was presented at the two separate public hearings held Tuesday, : County Counsel and Willard Schollerman of Lake Wildwood said that prospective property owners will be told of the tax and a notice of it will appear on the public report. The development company is in the process of selling lots with the program expected to gain momentum soon, Schollerman said. The director of public works anticipated that the service charge would be about $11 per lot, The county auditor said further study will be needed before a tax rate can be developed. The Local Agency Formation Commission approved annexation of the Pleasant Valley site to the district. Pleasant Valley will be required to pay its proper assessment, county counsel said. ANGLER'S BIG CATCH Cliff Swenson of Grass Valley was fishing on Deer Creek about 300 yards from the bridge on Bitney Spring Road when he.caught a parking meter, ‘The police said that it had been stolen from Grass Valley but they weren't sure from where as several have been stolen, Sit back and let classified ads do the selling, renting or buying for you. fue