Loading...
HomeMy WebLinkAbout08-143~~4 V~~~~~~~~~~ ~~~ ~ * ~ ~~ M~L'~ ~. may. .Y ~ _ pp~~ *~' CQUNTY OF BUTTE; STATE ~F CAtIF~RNIA •,a • +~ ~, :;~ ~'+' Resolution No. os- i43 RESOLUTION CONTINUING THE EXTENSION OF THE TRUST FUND ESTABLISHED PURSUANT TO RESOLUTION 98-161 GOVERNING THE EXCHANGE OF PROPERTY TAXES FOR THE DISSOLUTION OF THE LIME SADDLE COMMUNITY SERVICES DISTRICT THROUGH MARCH 7, 2011 AND PROVIDING FOR RESTRICTIVE USE OF THE TRUST FUNDS WHEREAS, the Lime Saddle Community Services District was dissolved pursuant to the will of the people as expressed in the March 7, 2000 election; and WHEREAS, pursuant to Resolution 98-161, the Lime Saddle Community Services District allocation of property tax revenue has been transferred to the County of Butte General Fund; and WHEREAS, pursuant to Resolution 98-161, the Butte County Auditor-Controller has established a Trust Fund and placed such property tax allocation monies into said Trust Fund; and WHEREAS, all real and personal property of the District has been transferred to the County of Butte; and WHEREAS, pursuant to Resolution 98-161, the County General Services Department was directed to proceed with the sale of the property and building located at 5291 Pentz Road, Paradise. All monies derived from the sale of the property and buildings were placed in the Trust Fund established by Resolution 98-161. WHEREAS, pursuant to Resolution 98-161, the trust fund shall be used for the implementation of the pipeline construction for the improvement of the water supply to existing users within the Lime Saddle Community Services District and Spring Valley School; and WHEREAS, pursuant to Resolution 98-161, such Trust Fund was to remain in existence for a period of three years from the passage of Resolution 98-161 and was due to sunset in October 2001; and WHEREAS, the time period for use of the trust fund has been truncated by the late date of the election regarding the dissolution of the Lime Saddle Community Services District; and 1 WHEREAS, the true spirit of Resolution 98-161 was to provide adequate time for the use of the Trust Fund for purposes expressed therein and has been extended three times by Resolution 01-062 until March 7, 2003; through Resolution 03-035 until March 7, 2006; and through Resolution 06-035 through March 7, 2009; and WHEREAS, the two-mile pipeline referenced in Resolution 98-161 and all resolutions extending the Trust Fund is not finished; and WHEREAS, the true cost of the project cannot be determined until the project has been. completed; and WHEREAS, the Board will need this information to perform the benefits analysis to equitably disburse the monies of the trust fund to the benefit of the ratepayers in the Lime Saddle area. WHEREAS, the estimated timeline associated with completion of the project is currently estimated to be beyond the current sunset of the controlling resolution; and WHEREAS, the Butte County Water Commission considered this issue at their September 2, 2008 and voted to bring forward recommendations to the Board; NOW, THEREFORE, BE IT RESOLVEll by the Butte County Board of Supervisors as follows: 1. The Trust Fund established pursuant to Resolution 98-161, and extended by Resolutions 01-062, 03-035 and 06-035 shall continue in existence until March 7, 201 1. 2. The County shall request that Del Oro approach the PUC to support a plan to: a. Continue collection of the surcharge from ratepayers until the completion of the construction of the 2-mile pipeline now underway and scheduled to conclude mid 2009 as outlined by the PUC in the Settlement Agreement. b. Upon completion of the project, request that the PUC reallocate the surcharge based on a reimbursement to the Lime Saddle District for a portion of the construction costs through a project contribution using the Trust Fund monies. c. Set up the project contribution to accommodate for a proportionate reduction of the equity financing prior to a pay-down of the State Revolving Loan. 3. Restrict benefits of the Trust Fund to the users within the Lime Saddle District. 4. Reimbursement shall be made to the County General Fund of 10% of the Trust Fund balance at the time of the project contribution for legal, administrative and other staff time associated with administration of the Trust Fund. 2 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, on this 21st day of October 2008 by the following vote: AYES• Supervisors Connelly, Dolan, Kirk, Chair Josiassen and Yamaguchi NOES: None ABSENT: None ABSTAIN: None :~ ,~ Curt Josiassen, Chair Butte County Board of Supervisors ATTEST: C. Brian Haddix, Chief Administrative Officer And Clerk of the Board of Supervisors By: Extensiontrust 1 l .doc