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HomeMy WebLinkAbout73-200COUNTY OF BUTTE BUTTE CQ~NTY SERVICE AAEA N0. 26 RESO~t3TI0N N0. '~`~•~d G RESOLUT70N CAT~LING A SPECIAL BOND ELECTION FOR THE PURPOSE OF SUBM~TTING TO QUALIFTED ELECT03?S OF BUTTE COiTNTY SERVICE AREA N0. 26 A MEAS~TRE FOR INCUR~iING A BONDED INDEB~EDNESS OF SATD COUNTY SERVICE AREA FOR THE ACQUTSITZON, CONSTRUC'I'TON AND COMPI,ETION OF A SELVER SYSTEM FOR SAID COUNTY SERVICE AREA; DECLARING THE NECESSI'f~`~ ~'OF~ INCOR- RZNG SiTCH INDEB2EDNESS; STATING THE PURAOSE THEREOF; DECLARING THAT THE NJHQLE 0~' THE COUN~Y SERVTCE AREA ~+JILb BE BEP~FEFITED ~'HERESY; S~R.T:~NG THE AP~fOUNT OF' THE INDEBTEDNESS TO BE IAFCUT~~ED, THE MAXIMUM TEAM THE BONDS TO BE ISSUED°SI3ALL RUN BE~ORE MATURIfiY, AND THE RATE OF INTEREST TO B~ PATD THE~QN; FIxTNG THE DATE OF ~AID ELECTION AND TIiE MANNER OF HOLDING mHE SA~'I~ •, ESTABT,ISH~N~ THREE ELECTT~v PRECINCTS AND POLLING PLACES ~'OR SATD EF,ECTION AND APPOINTING OFFICERS fi0 CONDUCT SAID EF,ECTION; AND PRO~T~DING ~'OR Y~O~'~CE THEFiEO~'. WHEREAS, the Board of Su.perv'isors of Che County of Butte has duly passed and adopted a resolution deciaring the necessity ~'or Butte County Service Area No. 26 i~o incur a banded indebtedness, stating the purpose for which '~he proposed bonded inflebtedness is proposed to be incurred and ~he amo-~~2t thereof, and f3.xing a time and place o#' hearirig thereon; and; .~ ~.. WHEREAS, notice of such hearing has been duly given and said hearing has been duly held in ~he raanner and for the time prescribed by law; and WHER~AS „ this Board of Supervisors, by resolution duly passed and adopted, has determined that the whole of the co~nty service area would he benefited by the accomplishment of the pur- pose th~rein s~ated. WHEREAS, The Board of Supervisors have entered into a Joi~t Powers agreement between the County of Butte, County Service area No. 26 and the ThermaZ3to Irrigation Districti for ~~nancing construction and aperation of sewage facilfties serving the area within Butte County Service area No. 26; and NOW, ~HEREFORE, B~ IT RESOLVED BX THE BOARD OF SUPERVTSORS QF THE COUN~Y OF BUT~E, AS FOLLOWS: 1. The foregoing recitals are, and each of bhem is, tru~ and eorrect and this Board so finds and determines. 2. This Board deems it necessary ~o incur a bonded indeb~~dness in the amount of $1,500,000 far the purpose hereinafter set for~h; and th3s Board so finds, de~ermines and declares. 3• The purpose for wh~ch said proposed debt is ~o be incurred is to provide, within the county service area sewage serviee, r~~uiring the constructian and installa~ion of facilit3es for the collection, treatment and disposal of sewage of Butte County Service Area Np. 26 and its inhabitants, compr3s3ng treat- ment facilities, outfall lines, pumps, machinery, trunk 13nes, co~lector sewers, lands, easements, rights of way, and other works, property or s~ructu~es, useful or necessary for the collection, treatmen~ or d~sposal of sewag2 of sa~d Bu~te County Service Area No. 26 and its inhabitants. 4. The whale of the county service area will be benefited by the accomplishment of said purpose and by the incurring of said -2- . .. _ . ~: ~ ,_f~ ' _ ` -- boncled indebtedness, all in accordance with the determination of the Board as earlier expressed. 5. The principa~. amount of the debt to be incurred far said purpose is $1,500,000. 6. The maxi~num term the bonds to be issued sha11 run before maturity shall be UO y~ars after the date of said bonds. 7. The ra'te of xnterest to be paid on sai.d bonds shall be seven per cent (7~) per annum, payab~e annually fbr the first year and sem3.-annually therea~'ter; provided that sa3d bonds may be n~fered for sa}.e at any lower rate of in~erest, but not in ~xcess of seven per cer~t (7~) per annum, payable as aforesaid. 8. '~he measure to be subm~.tted to the e3.ectors vf the county service area shall be as ~'ol~.pws: MEASURE: Sha~.]. Buicte County Service Area ~o. 26 incur a bonded indebtedness in the sum af $].,500,000.00 for the purpose o~' the acquis~tion, eon~ stx~uetion and comp~etion of fac3.lities for the collection, tre2,tment and d3sposal of sewage a~' But~e County Service Ar~a No. 26 and its inhabitants, compris~.ng treat- ment faeilities, outfa].1 13.nes, intercepting lines, collector sewers, trunk lines, pipes, pumps, r~aehin.ery, ].ands, easements, rights of way, anc~ other works, property or struc- '~ures, use~'ul or rzecessary for the col3.ection, trea'~ment ar disposal of ~ewage of said Bu'tt~ County Service Area iVo. 25 and its inhabitants? 9. A special bond election is hereby called and ordered tio be held in the county serv3ce area on Tuesday, March 5, 1974, at which election there snall be subm3tted to the quali- fied electors of the county service area the measure hereinabove ~et forth. This Board does hereby submit to the qualified e~.ec'Gors of the county service area a'~ said special bond elec'tion, the said measure a~d designa~es and refers thereto in the ballot hereinafter prescribed for use at said election. ~.0. The polls at the po111ng place herelnafter ment~.oned shall be opened ~.t seven o'clock A.M. and sha11 be kept open con- -3- tinuo~sly thereafter until eight a'elock P.M. on the day of said election, when sa3d polls sha11 be closed (exaept as provided in Section 1~436 of the E1ec~ions Code of the State of California}, and the election officers shall t~ereupvn proceefl ~o canvass the ballats cast thereat. 1~. Said special bond election shall be he~d and conducted a~d ~he votes therea~ canvassed, and the returns tihereof made, and the resu~t .ther~of aseertained and determ~ned as herein provided. Tn all particulars not prescribed in this resolution said election shall be he~d in aceordanee with the general election laws of the 5tate of California so far as the same shall be applicab2e. The returns of said el~ction shall be made aut and signed by the election officers and shall be by them depositied with the County Clerk of the County of But~e, together w3th the ballots cast at said election, and this Board shall meet and canvass said returns on i~s first regular meeting after said election, to wit: Tussday, March 12, 197~, at the hour of 11:00 A.M. Upon such canvass, ~f 3t shall be found that said measure carried, then bonds of the county serv~ce ar~a in the aggrega~e grincipal amount so approved sha11 be issued and sold by the Board, and if i~ sha11 be found that sa3d measure fa3led to carry, the result thereof shall be entered aceord3ngly. 12. For the conduc~ of said Special Bond Election, Su~t~ County Service Area 26 shal~ be div~ded 3nto three consolidated election precincts, and the general State and County election pree~ne~s inta which said Service Area is divided for general ~tate and County election purposes are hereby consolidated as hereinafter provided, to wit: The general eleetion precinets hereinafter des- ~gnated by number are the election precincts as now established of record by the Board of Superv~sors of Sutte County respec~ively for general State and County eleetion purposes in said Service Area, and ~he conso~idated Special Bond Election p~ecinets hereinafter designated by number consisti of one or mpre of said general election -4- precinets so number~d and designated for general elect3on purposes 3n said service area by sa~d Board of Supervisors. Sa~d election precincts and th~ polling places there~n and the election officers who sha1l serve at said polling places in said precinc~s are and shall bs as hereinafter set forth: SPECIAL BOND ELECTTON CONSOLIDATED PRECINCT N0. 101 SHALL INCLUDE ALL THE AREA EMSRACED N BUT~E CQUNTX ELECTTON PRECINCTS NUMBERED A~D D~SZGNATED 1006 . ~. ` POLLING PLACE: Nelson Avenue Schvol, Nelson Ave., and 6th St., Orovi~le, Cali#'. Tnspector: Mrs. Lucille G. Helzer, Dem. Judge: Gary Paul Nielsen, Dem. Clerk: Mrs. Caro]. Cathers, Rep. C1erk: Mrs. Jane't M. Scholey, Rep. SPECIAL BOND ELECTION, CONSOT,IDATED PRECINCT N0. 401 SHALL INCLUDE ALL~THE AREA EMBRACED~IiV BUTTE COUNTY EL~CTTON PRECTNC3`S NUMBERED AND DESTGNATED 4042.1, 4043, ~+044 POLLING PI~ACE: Poplar Avenue School, 2ath and Poplar Ave., Oroville, Ca11f. Inspec~or: Mrs. Ethel N. Kent, Dem. '.Tudge: Mrs. Ber~ha Rebish, Dem. C].erk: Mrs. Elsie R. Stoffel, Dem. Clerk: Mrs. Dora M. Wright, Dem. SPECIAL BOND ELECTION CONSOI,IDATED FRECFNCT N0. ~02 SHALL INCLUDE ALL TffE AREA EMBRACED IN BUTTE COUNTY ELECTION PRECINCTS NUMBERED AI3D DESIGNATED 4008.1, ~4008.~, 4045, 40~46, 40~+7 POLLiNG PLACE: Sierra Avenue School, 1050 Sierra Avenue Inspector: Mrso Th~lma A. Glixom, ftep. Judge: Mrs. Edna L. Griffith, Rep. C~.erk: Mrs. t~ae Sir,jesse, ~ep. Clerk: Nixs. Elizabeth Ann Samprucc~, M.1'. 13. ~he ballots to be used a~ said special bond election shall be substantially in the following form, to wit: _5_ No. (~his nu~ber shall be torn MARK CROSS (X} ON BALLOT oPf by Znspector and 4NLX WITH RUBBER STAMP: handed to the Voter) NEVER WITH PEN OR PENC~L. No. (ABSENTEE BALLOTS NiAY BE MARKED WI~H PEN AND INK OR PENCI~.) ~ - - {Fold Ba11ot to ~his perforated line, leav3ng top margin exposed.) .. ........................-.,........................... oF~zcza~ B~~~o~ SPECIAL BOND EL~CTION BU~TE COUN~Y SERVICE AREA N0. 26 BUTTE COUNTY TUESDAY, MARCk 5, 197~• INSTRUCTIONS TO VOTERS: To vote on any measure, stamp a cross (X) in ~he voting square af~er the word "YES" or after the word '°NO". A11 marks except the cross (X) are forbidden and make the ballot void. If you wrvngly stamp, tear or d~face this ba11o~, re~urn it to ths Inspector of E1ec.tion and obtain another. On absent voter ballots mark a cross(X) wibh pen t+r pencil. MEASURr, SUBP+IITTED 2'0 VOTE OF VOT~RS MEASURE: Sha13 Butte County Serv3.ce Area No. 26 incur a bonded indebtedness in the sum of $I,500,000.00 for ~he purpose of ~he acquisi~ion, cor~- struction and completion of fac313.ties for the co].lection, treatment and disposal YES of sewage of Butte County Service A~ea No. 26 and its inhabi.tants, comprising treat-. ment facilities, ouicfal~ lines, intercepting lines, collector sewers, trunk lines, pipes, pumps, machinery, lands, easements, rights of way, and other works, property or struc- tures, useful or necessary for the collection, NO treatment or disposal of sewage of said Butte County Service Area No. 26 and itis inhabitan~s? ~-6-- , ! ~ : _ ~ _ ~: . - ' _ ~ __ ~._._ _..._. ].4. AIl persons who reside within the county service area and who possess al~ af the qualifications requ~red of electors under the general election laws of the State of California shall be qualified and entitled to vvte at said special bond election. 15. In the event that the foregoing bonds are issusd, this Board af Supervisors hereby deelares that it in~ends to pro- ceed with the construction of facilities in cooperation w3th Therma- lito Irrigation District pursuant to an agreement entitled "Jo3nt . Powers Agreement Between County of Butte (County 5erv~.ce Area No. 2b) and Therma],ito Irrigation District for Financi.ng Construction and Operation of Sewerage FAeili~ies Serving the Area Within Butte County Service Area No. 26", a copy of which is on file with the County C1erk of Butte Coun~y, avallable ~'or inspeet3.on by any 3nterested person, which agreement shall b~ amended to ~.ncorporate by reference this resolution and current deve].opments in the pro- posed groject; that this Board of Supervisnrs inter~ds to use the proceeds from the bonds, if issued, for this purpase. 16. The County Clerk of the County of Butte is hereby directed to cause notice of said special bond election hereby called to be g3.ven by causing a z~otice o£ said election eontaining ~his reso~.ution to be published once a weelc for two (2) successive seeks pursuant to California Goverriment Code Section 5066, in the Orovi].3.e-Mercury, a newspaper of general circulation circulating wi'thin the county serviee area. i7. This resolution shall take effect immedia~ely. PASSED AND ADOPTED TH~S 18th day of December , 1973, by the following vote: AYES: Supervisors Cameron, Gilman, I,add, Madigan & Chairman McKillop NO~S : None ABSENT: None ~ ATTEST: rman of the~ oard o Supervisors \ ~,. ~~ m y..rL of ~he County of Butte ~.~ ul~a ~.eL~C. ~OU-NTY ~LEF ~`3( f the Coun'~y of But~e -7- I, Clark A. Nelson , County Clerk of the County of Bu~te, California, do hereby certify as follows: ~he foregoing is a full, true and correct copy of a resolution duly adopted by the Bpard of 5uperv~sors of said County, at a regular meeting of said Hord duly and regularly and legal~y held at the regular meeting place thereof on December 1$ , 1973, of which meeting all of the members of said 3oard had due notice and at which a ma,jority thereof was presen't. At said meeting said resolution was introduced by Supervisor Ladd and read in fu~.l, and was thereupon, upon motion of Superv3.sor Ladd seconded by Supervisor Cameron , adopted by the following vote: AYES : Superv'isArs Cs~¢eron, Gilman, Ladd, Madigan & Chairman McKillop VOES : None ASSENT : None I have carefully compax~ed the same with the original minutes of said meet~.ng on file and of record in my office and said resolution is a fu].1, true and correct copy o~' the original resolution adopLed at said meetin~ and entered 3.n said minutes. The original resolution has not beer~ amended, mod3.fied or reseinded since the date of its adop~3on and the same is now in fu11 force and effect. Dated: - , ].973 • County C3.erk of the County of Butte [SEAL} -8-