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HomeMy WebLinkAbout72-144W~riT~: THK: e ja 8/18/72 l0e R~SOLUT~ON N0. 72-144; A RESOLUTION CA~]'VASS~.NG RETURNS, DESCRIBING BOUNDARIES, DECLARING DISTRTCT DU'L~.' ORGANIZED AND DECLARING THI1T BOARD OF SZ3PERVISORS COIVSTITU~'~S BOAl~b OF DIRECTORS OF DISTRICT T,IME SAl7DLE CpMMiTNITY SERV~CE DISTRICT RESOLVED, by the Board of Supervisors of the County of Butte, California, that WFi'EREAS, a pe~ition signed by at least 10~ of the registered 1~oters w3.thin the ~erritory therein described request3.ng that a district be formed under the Community Servic~s District Law, stati.ng ~k~e proposed,name for the district, setting forth the boundaries of the groposed district, stating bhe purposes for which the d~.s~rict is to be fbrmed, and stat3.ng that the Board of Direc- tors of said District shall be the Board of Supervisors of the County of Butte, California, has been f'~.led with the Clerk of this Board; WHEREAS, this Board, at its next regu~.ar meeting after the said petition was so f3~1.ed, duly held on Tuesday, the 18th day o~' April, 1972, fixed Tuesday, the 23rd day of May, 1972, at the hour of' 1:30 o~clock P,M, in the Chambers o~' said Board, Courthouse, in the City of Oroville, Cal3~fornia, as the time and ~lace for the hearing of the petition; WHEREAS, notice of the said hear3.ng, stating that a petition for the formation of a community serv~.ces district has been filed with the Baard of Supervisors; stating the proposed name for the district, namely, Lime Saddle Community Service D~s~rict; setting forth the boundaries of the district; stating the purposes for which the d3.strict ~s to be formed as requested by the peti.tion; stating the time and place for hearing; and stating that at sa3.d hearing protes~s wi11 be considered and Ghat requests in writing for ex- clusion from or inclusion of I.ands in the proposed dis~rict will be heard and considered, was published in the Paradise (Cali~'ornia) Post., a newspaper of general circulation, circulated within the territ.ory of the propose.d district, in the time, form and manner required by Zaw,-as appears fr'om the af~~davit of publication on ,fi1e with the County C1erk; and WHEREAS, at the time stated in the notice, the Board of Supervisors heard the petition and those appearing ~n £avor thereof and any protests m~de orally or in writing against ~he format~on of the proposed district and considered any written requests for ex- clusion of land therefrom or inclus~on of Zand therein ~nd written and oral testimony as to benefits, was heard and considered and evidence was taken on the question whether the proposed district is in the publ~c in~erest and economically feasi~le; WE~REAS, at the conclusion of said hearing the Board adopted a resolut~on fix~ng the boundaries, designating the name, and ca11- ing an election to.determine the question of forming the proposed District, which resolution was entered upon the minutes of the Board, and notice of elec~ian was duly pub~ished in the time, form and manner reguired by Iaw; WHEREAS, ~t appears that notice of 'said election was duly and~legally given., that voting precinots were properly egtablished therefor, that polling place cards and sample ballots were mailed to all registexed voters 'in the proposed District, e~ection officers were appo~nted and elecbion supplies furnished; and that in all respects said e~ec~ion was held and conducted and ~he votes cast thereat rece~ved and canvassed, and the xeturns thereof made, de~ermined and declared in time, form and manner as required by the laws prov~ding for and regulating conso~idated elections on the question of formation of a dis~rict; and WH~REAS, said Board having met this 2gth day of August, 1972, to decZare.the result of sa~d e~ection; _ 2 _ NOW, THEREFORE, IT.ZS ORDERED, FOUND and DETERMTNED, as follows: ~. That said elect'ion was duly call.ed, held and conducted in sa3.d terr~tory on Tuesday, the 15th day of August, 1972,'and the votes,cast thereat were tabul.ated and the returns made and canvassad in the time, form and mann.er as required by law, and the measure voted upon thereat was as fbllows: r`Shall' tYte Lime Saddle Community YES Service District be`formed under the Community Services Dietirict La,w as proposed? NO" 2a That at said e~.ection the total number of votes cast on the question of the formation of sa3.d comrnunity services di.strict was 4~ , of whi.ch totay number of votes cast in sa~id pxoposed d3.strict 4;~ votes were cast in favor of the adoption of' said measure and 11 votes were cast againsb ~he adoption of said measure. 3. That p_ re~istered voters, vaho expected to be absent from th.e~.r respective e~.ection precincts on the date of the elec- tion, secured ballots from the County Clerk and that p of said absentee bal~ots were returned within the ~~.me required by law. ~, That the to~a1. number of votes cast in sa~.d proposed distr3.ct for and against the measure is as follows: Precinct Absentee Tota7. ~'ar 1' 0 4?1 Against 1 0 1' 5, A Communi.ty Services District of ~he name of "LIME SADDLE COMMUNITX S'~RVxCE DISTRI.CT" has been duly organized under the Comd munity Serv3.ces District Law (Division 3, Title 6 of ~he Government Code, commencing at Sec. 61000), within the boundaries stated in the resolution ca~.l3.ng said election, which boundaries are particular~.y described in Exhibi~ "A" hereto attached and made a part hereof by _3~ reference, for the purposes as follows: (a) To supply the inhabitants of the district with water for domestic use, 3rrigation, sanitation, industrial use, fire protection, and recreation; (b~ The col~ection, treatment ox disposal af, sewage, waste and sto.rm watier of the d~str~c~ arzd ~ts ~nhabi~ants'; (c) The co~~ect~an and disposal o£ garbage ox re~use mattier; (d) Pr~tec~~on aga~nst fire; (e) Public recrea~ion by means of parks, including but nat limited to aquatic parks, and recreational harbors, playgrounds, gol~ cours~s, swimming pools or recreation buildings; ~ ` - (f) Street 11ght.3ng; (g) The equipment and maintenance of a pol3.ce department or other police pro~eation to pro'tect'and safeguard life and property; (h) The opening, widening, extending, straighten~.ng, and surfacing, in;whole,or in part of any street i.n sucki district, sub~~ct to the consent of th.e govexning body of the eountiy or c3.ty ~.n wh~,ch said improvement is to be made; (i) The construetion and improvement of br3.dges, culverts, curbs, gutters, drains and works incidental to the purposes specified in subdivi~s~on (h), sub~ect tio the consent of the governing bod,y of ~he county ar c~ty in which said improvement is to be made; (j~ The conversion of existing overhead electric and com- mun3ca~ion ~'ac3.lit~es to underground locations, which facilities are owned and operated by:e~.ther a"public a ency" or a"public uti.lity" as defined in sec~ion 5~g6.2 of the Streets and Highways Code, and to ta.ke proceedings ~'or and to finance the cost of such con- vers3.on in accordance with tYie ~ro~risions of CY~apter 28 (commencing with Section 5896.1) of Part 3 of Divi- sion 7 of the Streets and Highways Code, sub~ecb ~o the consent of the public agency or publ.ic.utility respon- sible for the owning, operation and maintenance of such faci~.ities. Nothing herein corita~.ned shal~ be construed as g~ving a d~.strict formed under~this l.aw the power to ins~all,-own ox operate such facili.t3.es as are describ~d i,n this subdivision. 6, The Board af Superv~.sors of the County of Butte, Ca~ifo~nia, shall const~tute the Board of Directiors of the Lime Saddle Commun3.ty Serv3.ce District. 7. Th3s resolution shall be ent~red in ~he minutes of the Board of Supervisors as required by the provisions of Section 61127 -~+- af the Government Code, and the County Clerk shaZ~ 3mmediately cause to be fi~ed in the office of the County Recorder of Butte County and with the Secretary of State a cert~fied copy of this xeso~ution, 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 5~g00 ~0 5~903, inclusive, of the Govern- ment Code. * ~ ~ ~ ~ PASSED and ADOP~ED by the Board of Supervisors of the County of Butte at a meeting o~ said Board duly held on the 2gth day of Augus~, 1972, by the Pol~ow~ng vote of the members of the Board: AYES: S:uperuisors~Douthit, Ladd, Madigan, Maxon and Chairman Gilmana NOES: None ABS~NT: None ATTEST: ~~4' .~~ er o sa oar (SEAL) -5-