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HomeMy WebLinkAbout64-158WxJM:Jxx:ao 12/16/4 -~~c RESOLUTION N0. 64-158 A RESOLUTION OF THE BOARD OF SUPERVISORS OF TxE COUNTY OF BUTTE, STATE OF CALIFORNIA, GRANTING - PETITION FOR INCORPORATION, ESTABLISHING AND , FIXING BOUNDARIES, CALLING ELECTION FOR FORMATION AND FOR BOARD OF DIRECTORS, AND DIRECTING NOTICE THEREOF MAGALIA COUNTY WATER DISTRICT RESOLVED, by the Board of Supervisors of the County of Butte, State of California, in regular session thereof, that ti+WEREAS, a petition in writing has been duly filed with the County Clerk of this County, signed by 46 duly qualified petitioners who were electors and registered voters of Butte County, State of California, residing 5~rithin the boundaries of the territory therein described, praying and petitioning that a portion of said County, as ire said petition particularly described, be incorporated as a County T,~ater District in ac- cordance with and pursuant to the provisions of Division l2 of the T•:rater Code of the State of California, entitled "County Water District", approved May 14, lg4g, as amended; WHEREAS, said petition set forth and described the partic- ular boundaries of the area proposed to be so incorporated, prayed that it be incorporated into a district and proposed that the name of the district shall be Magalia County ~~'ater District WHEREAS, upon receipt of said petition, the County Clerk verified the signatures thereon fur sufficiency of registration and residence and has filed a certificate to the effect that the number of registered voters residing vaithin the proposed district, who signed said petition, is equal to more than ten per cent (lOf) of the votes cast within said territory for the office of Governor at the last gubernatorial election; WHEREAS, upon said determination, the County Clerk caused said petition, together with a Notice of Hearing thereon, to be published in the Paradise Post on December ~ , 196?+~ and December 11 , 196.-, as shown by affidavit on file, vrhich notice set foxth that the said petition would be presented to said Board of. Supervisors at a meeting of said Board to be held at the hour of 11;00 o'clock A.M, on December 22, 1g64, wrhen said petition would be considered and all persons interested therein would be heard, all as provided by law; TdHEREA.S, it appears that said petition, signatures there- to, notice and publication thereof are each and all of them sufficient; WHEREAS, at the aforesaid hour of 11:00 o'clock A.M, of the 22nd day of December, 1864, and at a regular meeting of said Board of Supervisors, and in the chambers thereof in the Court House, Oroville, California, said petition was presented to this Board and witnesses upon behalf of the petitioners mentioned in said petition were duly presented and testified before this Board in support of said petition, and testified to the genuine- ness of the signatures thereto, the qualifications of the signers thereof and the truth of the recitals therein, and in the afore- said notice, and further testified that said petition was circu- lated, sig ned, published and presented in the manner and form required by said Division 12 of the tiiater Code and by law and that each of the said recitals and allegations in said petition contained vrere true and are true, genuine and sufficient; WHEREAS, ~_ applications/for the exclusion of lands was presented by a person ~rhose lands were included in the petition, and who presented proof that such lands will not be benefited by the proposed districty YdHEREAS, proof was offered as to whether each and all of 2 the lands included in the area hereinafter described would be benefited by the proposed distract; T+dHEREAS, said petition and the evidence oral and document- ary in support and opposition thereof offered and presented in connection therewith has been heard and fully considered, and being fully advised in the premises, and UTHEREAS, said Division 12 of said T~later Code, as amended, requires that the Board of Directors of said proposed district shall be elected at the same election as is the proposition for formation of such a district to be voted on; NOYd, THEREFORE, IT IS FOUND, RESOLVED, ORDERED and DETERMIITI;D, as follovas 1. That each and all of the recitals, allegations and averments set forth and contained in said petition and the said notice are true and correct, and that said petition and such notice were duly and legally published in the manner and form and for the time xequired by lave; that the petition was duly signed by a sufficient number of registered voters of said County residing within the boundaries of said proposed district and the boundaries as hereinafter fixed and established by this Board, and that said petition was duly presented to this Board and was heard, and that the same complies ~~rith the requirements of Division 12 of the j~Tater Code of the State of California (Stats. 19~+g, ch. 27T+) as amended, and that this Board has heard all competent and relevant testimony in support of or in opposition to said petition, and that the said petition and the aforesaid notice are genuine and sufficient; and further that said petition shall be and the same is nova hereby granted. 2. That the text of the aforesaid petition, with five of the names affixed thereto, together with the above mentioned notice stating the total number of qualified signers of said 3 petition and the time and place of the meeting at which the same would be presented, eras duly published once a vreek for at least two weeks before the time at ti~rh.ich the same was to be presented, in the Paradise Post, a newspaper printed and pub- lisped in said County, and that said notice duly stated that all persons interested might appear at said time and place and be heard. 3. That all lands included in the proposed district in the petition that are not within the boundaries hereinafter described will not be benefited by the district, and all lands included in the boundaries hereinafter described will be benefited by the proposed district. 4. That all of the lands that vaill be benefited by the proposed district are described in the Novice of Election hereto attached, and -that the said County ?°later District shall consist of all that portion of said County of Butte, State of California, the exterior boundar~r of which is defined, established and de- scribed as set forth in the Notice of Election hereto attached and by reference incorporated herein. 5. That this Board determines and finds that the proposed County T~Tater District is in the public interest and a special election shall be and the same is hereby called and ordered to be held within said boundaries, as so established and defined, on Tuesday, the 2nd day of March , 1865, for the purpose of determining whether or not the said proposed_County Water District shall be incorporated within the boundaries as above set forth, and submitted to the qualified electors of and within said proposed County Water District shall be the follow- ing proposition; "Shall the proposition to form Magalia County Water District under the County Water District Law be adopted?" 1# and for the election of the first Board of Directors of said proposed district. &. Five directors to constitute the Board of Directors of the Magalia County Water District shall be elected according to Division 12 of the Water Code, as amended, and the Elections Code, at the election above ordered, and shall take office if the proposition for the formation of said proposed district be approved by the electors within the boundaries of the proposed district at said same election. Nominations for the five offices of Director constituting said Board of Directors shall be made according to law and to said Water Code, and shall be filed with the County Clerk of said County not later than the ~9~h day of Januarys 1965. 7. That for the purpose of holding and conducting said special election one special election precinct is hereby estab- lished within the boundaries of said proposed County Water District, which .precinct is to be known as Consolidated Election Precinct No. 1 comprising all those portions of Butte County precincts as last established by the Board of Supervisors of the County of Butte for the conduct of general elections in said County insofar as they fall wholly or partially within the bound- aries of said proposed district. S. That the election officers for said precinct shall be one inspector, one judge, and two clerks, who are hereby appointed to serve at said election, and are designated as follows: Inspector: Mrs. Isabelle K. Gilfillan Fudge: Mrs. Thelma Sharp ~~~ ~. C~arcl.-,er Clerk : Mrs . ~iixu~~--C . Wolgamett Clerk: Mrs. Autumn E. Andersen 9. That the polling place for said precinct shall be Magalia Fire House, Magalia, California. 5 10. That said special election is hereby called and ordered to be held and conducted, and votes cast thereat shall be can- vassed and the results declared in the same manner as provided by law in respect to general elections insofar as applicable, except as in said Division 12 of said T=later Code otherwise provided. 11. That the polls shall be opened at 7;00 o'clock A.M. of said day and shall. be kept open until 7:00 o~clock P.M. of said day when the polls shall be closed, except as to voters in line as provided in Section 14436 of the elections Code. 12. The County Clerk is hereby authorized and directed to procure supplies necessary for the proper conduct of said election. 13. Notice of said election shall be given as prescribed by law and as herein provided, and the County Clerk is hereby directed to issue ,and publish notice of said election in the Paradise Post at least once a week for at least two weeks prior to said election. Said notice sYzall be substantially in the form attached hereto and incorporated herein by reference as if fully set forth herewith at length. 14. At the next regular meeting of this Board, which is five or more days after said election is held, this Board shall, pursuant to Section 30296 of said ti~7ater Code, as amended, canvass the returns of said election and declare the result thereof. ~ ~ ~ ~ ~ 6 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, California, on this 22nd day of December , 196 ~, by the following vote: AYES, Supervisors: Giles, Steinegger, McKillop, Pryde, Alldredge NOES, Supervisors: None ABSENT, Supervisors: None Chairman o aid Board ATTEST: ~ ~~~ ~ _, Clerk of .a' Board __ _ __ __ ~1nIJM:JHH:do L2/2~•/6~ 50c EXHIBIT "A'` All that certain real property situate in the County of Butte, State of California, described as follows: Being a portion of Sections 25 and 36 of Township 23 North Range 3 East, and Sections 30 and 31 of Township 23 Narth Range ~ East, M.D.B.& M., and more particularly described as folloY~•rs: Beginning at the Southeast corner of said Section 36; thence along the South line of said Section, Westerly to the South quarter corner thereof; thence Northerly, along the West line of the Southeast quarter of said Sectian 36, to the Northwest corner thereof; thence Easterly along the North line of said Southeast quarter to the Southt~rest corner of the East half of the Northeast quarter of said Section 36; thence Northerly along the t•Test line of said East half of the Northeast quarter of Section 36 to the Southwest corner of the Magalia I~eights Sub- division; thence along the Westerly line of said Subdivision to the North line of said Sectian 36; thence Westerly along the North line of said Section 36 to a point vrhich bears North 82° 23' 45" C~iest, 650.90 feet from the Northeast corner of said Section; thence North 11° 41' East, 563.65 feet to the center- line of Skyway; thence along said centerline, South 58° 23' East, 33.19 feet, South 36° 56' East, 533.50 feet and South 21° 3`7' 30" East, 111.35 feet to the South line of said Section 25; thence along said South line, South $2° 23' 45" East, 81.79 feet to the Southeast corner of said Section 25; thence Northerly along the tidest line of said Section 30 to its intersection with the Zr?esterly boundary of the Southern Pacific Railroad right- of-way; thence Southeasterly, along said Westerly boundary line to the North line of said Section 31; thence Easterly, along said North line to the Northeast corner of the L•lest half of the Northwest quarter of said Section 31; thence Southerly, along the East line of said West half of the Northwest quarter of Section 31 to the Southeast corner thereof; thence continuing Southerly along the East line of the T;~est half of the Southwest quarter of said Section 31 to the Southeast corner thereof; thence Westerly along the South line of said Section 31 to the point of beginning.