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HomeMy WebLinkAbout12-071RESOLUTION AUTHORIZING A CONTRIBUTION IN AID OF CONSTRUCTION (CIAC) TOWARD THE REGIONAL INTERTIE PROJECT FOR THE EXCLUSIVE BENEFIT OF THE RATEPAYERS WITHIN THE LIME SADDLE DISTRICT FROM THE TRUST FUND ESTABLISHED PURSUANT TO RESOLUTION 98-161 AS RELATED TO THE DISSOLUTION OF THE LIlVIE SADDLE COMMUNITY SERVICES DISTRICT AND THE TRANSFER OF ASSETS OF SAID TRUST FUND 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 (Lime Saddle 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 Lime Saddle 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 School; and WHEREAS, pursuant to Resolution 98-161, such Lime Saddle 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 true spirit of Resolution 98-161 was to provide adequate time for the use of the Lime Saddle Trust Fund for purposes expressed therein and has been extended five 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 March 7, 2011; and Resolution 11-013 which extended through September 7, 2012; and WHEREAS, the Department has been in communication with Del Oro Water Company regarding the completion of the two-mile pipeline project referenced in Resolution 98-161 (also known as the Regional Interne Project} and all resolutions extending the Lime Saddle Trust Fund and the associated costs of such project; and WHEREAS, preliminary project cost numbers are being submitted to the CPUC in the mint Petition for Modification of Decision 0-8-OS-032 by DeI Oro Water Company which will result in an audit and approval of final project cost numbexs by the California Department of Public Health, the CPUC, the State Revolving Fund and Del Oro Water Company; and WHEREAS, the Water Commission recommended and the Board approved specific distribution of the assets of the Lime Saddle Trust Fund under Resolution 08-143 to the exclusive benefit the ratepayers within the Lime Saddle District once the casts of the project were identified; and NOW, THEREFORE, BE IT RESOLVED by the Butte County Board of Supervisors as follows: 1. Direct the Department of Water and Resource Conservation to review and comment on the Joint Petition for Modification of Decision 0-8-05-032 to the California Public Utilities Commission (CPUC) to reflect a Contribution in Aid of Construction {CIAC) toward the Regional Intertie Project which totals $1,073,907.66 {$1,193,230.73 in the Lime Saddle Trust Fund minus 10% for legal, administrative, and staff time incurred by Butte County staff) for the exclusive benefit of the ratepayers within the Lirne Saddle District. 2. Direct the Auditor-Controller to close out the Lime Saddle Trust Fund effective July 1, 2012 and transfer the balance to the General Fund. 3. Direct the Auditor-Controller to make two payments: $443,966.98 toward the Equity financing and $629,940.68 toward the State Revolving Fund financing upon review and approval of the Joint Petition for Modification by the California Department of Public Health, the CPUC, the State Revolving Fund, and Del Oro Water Company for the exclusive benefit of the ratepayers within the Lime Saddle District. 4. Approve the retention of approximately 10% of the balance of the Lime Saddle Trust Fund in the General Fund for reimbursement of legal, administrative, and other staff time incurred by Butte County staff. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, on this 12~' day of June, 2012 by the following vote: AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert NOES: None ABSENT: None ABSTAIN: None ATTEST: Paul Hahn, Chief Administrative Clerk of the Board Sf' Supervisors Steve Lambe hair Butte Coun oard of Supervisors