HomeMy WebLinkAbout00-008RESOLUTION OF THE BOARll OF SUPERVISORS OF THE COUNTY OF BUTTE
ORDERING THF. DISSOLUTION OF THE MAGALIA COUNTY WATER DISTRICT
WHEREAS, a proposal for the dissolution of the Magalia County Water District (the "District")
located in the County of Butte was heretofore initiated by the Butte Local Agency >?armation
Commission ("L~AFCo") pursuant to California Government Code 56375; and
WHEREAS, the District sold its water facilities to a private company in 1991 and since that
time has not provided services or facilities of substantial benefit to residents, landowners, or
property within the District; and
WHEREAS, the Board of Directors of the District, by unanimous vote, consented to the
dissolution of the District by Ordinance No. 26; and
WHEREAS, the Board of Directors of the District all resigned their post and requested L,AFCo
dissolve the District on June 27, 1996; and
WHEREAS, LAFCo held a public hearing and heard, discussed and considered all oral and
written protests, objections, and evidence which were made, presented or filed, and all persons
present were given an opportunity to hear and be heard with respect to this proposal and the
report of the Executive Officer; and
WHEREAS, LAFCo found the dissolution to be categorically exempt from the California
Environmental Quality Act and filed a Notice of Exemption; and
WHEREAS, LAFCo adopted Resolution 5 1998/99 approving the dissolution of the Magalia
County Water District; and
WHEREAS, LAFCo authorized the Board of Supervisors to order dissolution of the District
without an election; and
NOW THEREFt)RE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THF. COUNTY OF BUTTE, STATE OF CALIFORNIA, as follows:
1. This action is taken by the Board of Supervisors ("Board") as the conducting authority
pursuant to the CorteselKnox Local Government Reorganization Act of 1985, and in particular
the provisions thereof commencing with Section 57000 of the Government Code.
2. The change of organization being acted upon by this Resolution is the dissolution of a
district, namely, the Magalia County Water District.
3. The Board, as a responsible agency, has independently reviewed and considered the
environmental findings adopted by LAFCo, pursuant to CEQA Guidelines §15050(b), and the
Board agrees that the dissolution is Categorically Exempt from environmental review per CEQA
Guidelines §15320, which consists of changes in the organization ar reorganization of local
governmental agencies where the changes do not change the geographical area in which
previously existing powers are exercised.
4. The dissolution will occur pursuant to Government Code Section 57083, without an
election finding that:
a. The District Board of Directors has by unanimous vote consented to the dissolution,
and
b. The Board determines that the District is a non-user or corporate powers as defined in
the Cortese Knox Act and there is a reasonable probability that those powers will not be
used in the future.
5. The reasons for the proposal are to streamline the governmental structure and
eliminate a public agency that does not provide services or facilities.
6. Said Board hereby determines to approve the dissolution of the District as specified
below.
a. The dissolution shall be effective upon the date the Executive Officer records the
Certificate of Completion.
b. The County of Butte shall be designated as the successor agency pursuant to
Government Code Section 57543 for the sole and exclusive purpose of winding up the
affairs of the dissolved district.
c. The County Auditor shall pay to the Local Agency hormation Commission the costs of
dissolution proceedings from the remaining District funds.
d. All unencumbered District funds remaining after the transfer to the Commission,
including cash on hand and moneys due but uncollected, and all other remaining District
assets, shall be transferred to the County of Butte in accordance with the provisions of
Government Code Section 57457.
PASSED ANU AI)OPTEU by the Board of Supervisors of the County of Butte, State of
California, on the l ] th day of January, 2000, by the following vote:
AYES: Supervisors Beeler, 11oux,losiassen, Davis, and Chair Dolan
NOES: None
ABSENT: None
ABSTAINS: None
Dolan, hair
County Board of Supervisors
ATTEST:
JOHN BLACKLOCK,
Chief Administrative Offieer and
Clerk ofthe Board of S visors
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Deputy ~