Loading...
HomeMy WebLinkAbout65-026WJML:RHH:mz 2/23/b5 12c RESOLUTION N0. 65-2b A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, CANVASSING ELECTION RETURNS AND ABSENTEE BALLOTS, DECLARING RESULTS OF ELECTION AND ORDER DECLARING DISTRICT DULY FORMED MAGALIA COUNTY WATER DISTRICT RESOLVED, by the Board of Supervisors of the County of Butte, State of California, that WHEREAS, on the 22nd day of December, 1964, at the hour of 11:00 o'clock A. M. in the regular meeting place of this Board, a petition, duly signed by the registered voters in accordance with law, for the incorporation of a portion of the territory of said County into the N1a.galicl County Water'District under Division 12 of the Water Code of the State of California (Scats. 199, ch. 274)9 as amended, was presented to this Board, together with an affidavit of publication of said petition and a notice of hearing thereon; WHEREAS, at said time and place a hearing was held on said petition and all persons interested were given an opportunity to be heard on the subject of said petition; WHEREAS, at the conclusion of said hearing, this Board adopted its Resolution in which it granted the petition for in- corporation, established and fixed the boundaries of the proposed District, and called an election at which the question of said incorporation should be submitted to the voters of said territory and the five directors of the Board of Directors of said District should be elected; WHEREAS, said Resolution ordered said election to be held on the 2nd day of March, 1865, within the boundaries as so es- tablished, and established one special election precinct for the conduct thereof, and designated the polling place and the election officers thereof; WHEREAS, in and by said Resolution said Board further directed that notice of said election should be given as required by law and that the County Clerk should issue and publish notice of said elec- tion for formation and for the election of the first Board of Di- rectors of said District in The Paradise Post for at least two weeks prior to the day fixed for said election, the form of which notice of election was set forth in said Resolution; WHEREAS, it now auly appears that notice of said election was duly and legally given by the publication of notices as by said Code and said Resolution and order of said Board directed; WHEREAS, it duly appears that said election was held and conducted an the 2nd day of March, 1865, and that the polls at said election were duly open for the hours appointed therefor, and that votes of said election were east, received and canvassed, and that the returns thereof were made and declared in the time, form and manner as required by said ].aw and by said Resolution and in ac- cordance with the law governing such election; and WHEREAS, it further duly appears that this Board has directed that the canvass be made by the County Clerk, and that on the day of N7arch the County Clerk canvassed the returns of said election, as required by law, from which it appears that the said proposition for the formation of said District was duly submitted to the quali- fied electors of said proposed District and that the number of votes cast in favor of and in apposition to said proposition are as hereinafter set forth, and five directors f^r the Board of Di- rectors of said District were elected as hereinafter set forth; NOW, THEREFORE, IT IS HEREBY FOi3ND, DETERMINED and ORDERED as follows: 1. That said election was duly called, held and conducted in the said territory on Tuesday, the 2nd day of March, 1965, and the votes cast thereat were tabulated and the returns made and canvassed in the time, form and manner as required by law, and the proposition voted upon thereat was as follows: 2 "Shall the proposition to form Magalia County Water District under the County Water District Law be adopted?" 2. That for the purpose of holding said electron one elec- tion precinct was duly established and provided which precinct in- cluded the whole of said proposed County Water District, and was designated as CONSOLIDATED ELECTION PRECINCT N0, 1. 3. That at said election in said precinct the number of votes cast at said election for the formation of such County Water District was 72 , of which total number of votes cast in said proposed district 56 votes were cast rn favor of the adoption of said proposition, and 14 votes were cast against the adoption of said proposition. 4. That 2 duly registered voters, who expected to be absent from-their respective election precincts on the day of the election, secured ballots from the County Clerk. 5. That the County Clerk has certified to this Board that _ of said absentee ballots issued or mailed by her have been returned within the time required by law. 6. That the County Clerk canvassed said absentee ballots and counted the same personally, whereupon it was found that the result of the ballots cast by said absentee voters, without re- gard to the precincts within which the voters are registered, were 2 votes for and 0 votes against said proposition, 7. That the total number of votes cast rn said District for and against the proposition is as follows: Special Election Precinct No. 1 Absentee Total For 56 2 58 Against 14 0 14 8. That at said election a majority of the votes cast within said proposed County Water District were in favor of the adoption of said proposition and the formation of said Magalia County Water District, and said proposition was duly adopted. 9. That the territory so proposed to be incorporated has been duly organized as said District under Division 12 of the Water Code, as amended, of the State of California, entitled "County Water Districts". 10. That the territory comprising said District is situate in the County of Butte, California, and particularly bounded and described in ~thibit "A" hereto attached and by reference made a part hereof. 11. The County Clerk of said County of Butte shall immed- iately cause to be filed with the Secretary of State and recorded in the office of the County Recorder of said County, each, a cer- tificate stating that said proposition for the formation of said County Water District has been adopted as provided by law, and that said County Water District has been duly formed, and shall file a certified copy thereof together with a map or plat showing the boundaries of the District, with the County Assessor of Butte County and with the State Board of Equalization, as required by Sections 54900 to 54803, inclusive, of the Government Code. 12. That the candidates voted on in said election far the five offices of directors of Magalia County Water District and votes cast for each of the candidates therefor were as follows: Votes for Absentee Director at Polls Votes for Total William J. Akister 60 2 26 Harold G. Brophy 58 2 60 Henry H. Howell 58 2 60 A. C. Richardson 39 1 40 Albert F. Taylor 50 1 51 Claud M. Wolcamott 54 2 56 Jess Whitlow 1 0 1 4 Votes for Absentee Director at Polls Votes for Total Write in Votes _7ess Whitlow 1 0 1 13. That the following candidates, William J. Akister, Harold G. Brophy, Henr H. Howell, Albert F. Taylor and Claud M. Wolcamott being the five receiving the largest number of votes cast for directors of said District, are hereby de- clared elected to the offices of Directors. 14. The County Clerk of the County of Butte, State of California, shall issue C:rtificates of Election to each of the successful candidates. 15. The County Clerk of Butte County is further directed to cause this Resolution and order to be entered in full upon the minutes of this Board as a statement of the results of said election. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, California, on the 9th day of March , 1965, by the following vote: AYES, and in favor thereof, Supervisors : supervisors Giles, Maxon, McKillop and Chairman Pryde NOES, Supervisors: None ABSENT, Supervisors : None ATTEST: JESSxE ROGERS, COTTNTY CLERK a rm s d and Clerk of said Board 5 _~ WHJM:JHH:do _ 12/24/64 EXHIBIT '~A'` 50c 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 North Range 4 East, M.D.B.& M., and more particularly described as follow?s: 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 Section 36, to the Northwest corner thereof9 thence Easterly along the North line of said Southeast quarter to the Southwest corner of the East half of the Northeast quarter of said Section 36; thence Northerly along the S~Test line o#' said East half of tine Northeast quarter of Section 36 to the Southwest corner of the Magali~. Heights Sub- division; thence along the Westerly line of said Subdivision to the North. line of said Section 36; thence Westerly along the North line of said Section. 36 to a point whickz bears North 82° 23' 45" C~iest, 650.90 feet from the Northeast corner of said Section; thence North 11° 41F 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, ~33.5o feet and South 2l° 37' 30" East, 111.35 feet to the South line of said Section 25; thence along said South line, South 82° 23' 45" East, 81.79 feet to the Southeast corner of said Section 25; thence Northerly along the West line of said Section 30 to its intersection with the j>?esterly boundary of the Southern Pacific Railroad right- of-way; thence Southeasterly, along said L~lesterly boundary line to the North line of said Section 31; thence Easterly, along said North line to the Northeast corner of the ti•Test 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 thereof9 thence continuing Southerly along the East line of thetest 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.