HomeMy WebLinkAbout11-013Resolution
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 Ya Resolution 98-161, the Lime Saddle Community Services
District allocation of property tax revenue has been transferred to the Caunty of Butte General
Fund; and
WHEREAS, pursuant to Resolution 9$-161, the Butte County Auditor-Controller has
established a Trust Fund and placed such property tax allocation monies into said Trust Fund;
and
WHEREAS, all real and personal property of the District has been transferred to the
County of Butte; and
WHEREAS, pursuant to Resolution 98-161, the Trust Fund is designated to be used for
the implementation of the pipeline construction for the improvement of the water supply to
existing users within the Lime Saddle Community Services District and Spring Valley Schaal;
and
WHEREAS, pursuant to Resolution 9$-161, such Trust Fund was to remain in existence
for a period of three years from the passage of Resolution 9$-161 and was due to sunset in
October 2001; and
WHEREAS, the true spirit of Resolution 9$-161 was to provide adequate tune for the
use of the Trust Fund for purposes expressed therein and has been extended four times by
Resolution 01-062 until March 7, 2003; through Resolution 03-035 until March 7, 2006; through
Resolution 06-035 through March 7, 2009; and through Resolution 0$-143 through Macch 7,
2011.
WHEREAS, the Department has been in communication with Del Oro Water Company
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RESOLUTION CONTINUING THE EXTENSION OF THE TRUST FUND
ESTABLISHED PURSUANT TO RESOLUTION 98-161
GOVERNING THE EXCHANGE OF PROPERTY TAXES FOR THE
DISSOLUTION OF THE LIME SADDLE COMMUNITY SERVICES DISTRICT
THROUGH MARCH 7, 2012
regarding the anticipated completion of the project the two-mile pipeline referenced in
Resolution 9$-161 and all resolutions extending the Trust Fund and the estimated timeline
associated with completion of the project is currently estimated to be beyond the current sunset
of the controlling resolution;
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 District.
NOW, THEREFORE, SE ~T RESOLVED by the Butte County Board of Supervisors
as follows:
1. The Trust Fund established pursuant to Resolution 98-lbl, and extended by Resolutions
01-062, 03-035, Ob-035 and 0$-143 shall continue in existence until September 7, 2012.
2. Distribution of the Funds shall be made upon completion of the project and in accordance
with Resolution 08-143 as recommended by the Water Commission and adopted by the
Board, where-in the County requests that Del Oro approach the PUC to support a plan to:
a. Continue collection of the surchazge from ratepayers until the completion of the
construction of the 2-mile pipeline now underway and scheduled to conclude nud
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 mozues.
c. Set up the project contribution to accommodate far a proportionate reduction of
the equity financing prior to apay-down of the State Revolving Loan.
3. Benefits of the Trust Fund shall be limited 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 disbursement for contribution far legal, administrative and other
staff time associated with administration of the Trust Fund.
5. The Board directs the Depart€nent of Water and Resource Conservation to work with
Administration and Finance to determine disbursement of the Lime Saddle Trust Fund for
the benefit of water users within the Lime Saddle District and bring forward a proposal
far consideration by the Board prior to the expiration of the Trust Fund on September 7,
2012
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, on this
22ria day of February by the following vote:
ASS. Supervisors Connelly, Wahl, Kirk, Yamaguchi, and Chair Lamberti
NOES: done
ABSENT: None
ABSTAIN: None
Steve La ert, Chair
Butte County Board of Supervisors
ATTEST:
Paul Rahn, Chief Adm~inistxative Officer
And
By:
Extensionlstrusta912.doc
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