HomeMy WebLinkAbout93-183:. _a~
~esalufion IVo. 93-183
RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS
DECLARING THE FORMATION OF THE
RICHARDSON SPRINGS COMMUNITY SERVICES DISTRICT
WHEREAS, an Application and Petition for the formation of a
Community Services District, to be known as the Richardson Springs.
Community Services District ("District"), was submitted to the
Executive Director of the Local Agency Formation Commission
{"LAFCO") pursuant to Government Code sections 61100, 61101, 61102,
61103, 61104 and 61105; and,
WHEREAS, a description of the boundaries of the proposed
District is set forth in exhibit "A" to this Resolution; and,
WHEREAS, the Executive Director of LAFCO reviewed the
application and petition for sufficiency and found such documents
to be sufficient pursuant to Government Code section 61.105 and duly
filed the same pursuant to Government Code section 61104; and,
WHEREAS, the petition was then circulated to the registered.
voters residing with the boundaries of the proposed District; and,
WHEREAS, the proposed District lies wholly within
unincorporated Butte County; and,
WHEREAS, mare than 80% of the registered voters residing
within the area to be included within the proposed District signed
the petition filed with the Executive Director of LAFCO; and,
WHEREAS, specifically, the signed petition for formation was
submitted to the Butte County Department of Elections far review
and the Elections Department determined that 87.8% of the resident
registered voters had signed the petition; and,
WHEREAS, the signed petition was then submitted to LAFCO,
which subsequently commenced proceedings on the petition pursuant
to Government Code section 56836; and,
WHEREAS, as part of those proceedings, on October 7, 1993, a
duly noticed public hearing was held before LAFCO pursuant to
Government Code sections 56825 et. seq. in order to give
consideration to the formation of the District; and,
WHEREAS, LAFCO heard, discussed and considered all oral and
written testimany and information regarding and concerning the
formation of the proposed District; and,
WHEREAS, LAFCO did consider the matter and issued a
resolution {LAFCO Resolution No. 93-40: a true and correct copy of
which is hereby attached and formally incorporated into and made a
functional part of this resolution) approving the formation of the
District pursuant to Government Code section 61110, and
specifically designating the name of the District, setting forth
the limited and enumerated powers of the District, and describing
the geographic boundaries of the District; and,
WHEREAS, this LAFCO Resolution was then transmitted to the
Butte County Board of Supervisors pursuant to Government Code
section 56853; and,
WHEREAS, the petitioners in favor of and in support of the
formation of the District {the "applicants" before LAFCO) now
request the Board of Supervisors to act to declare the District
formed under Government Code section 61111, to dispense with an
election, to adopt the necessary resolution pursuant to Government
Code section 61117 and to appoint the initial Board of Directors of
the District pursuant to Government Code section 61120;
NOW, THEREFORE, THE BUTTE COUNTY BOARD OF SIIPERVISORS~ ACTING
IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE COUNTY OF BUTTE,
DOES HEREBY RESOLVE AS FOLLOWS:
1. The above-referenced findings of LAFCO Resolution 93-40
are incorporated by reference herein generally, and
specifically as to the powers, purpose, name,
limitations, and geographic boundaries of the District;
specifically, that:
a. LAFCO has approved the formation of the District;
b. The purpose of the District is to provide a funding
mechanism for the operation and maintenance of a
community wastewater system;
c. All other- powers shall be considered "latent"
powers;
d. The Sphere of Influence shall be co-terminus with
the District boundaries;
e. All funds being held by Butte County in trust for
CSA 130 shall be transferred to the District, less
expenses incurred prior to the time of transfer;
f. There shall be no transfer of property tax from
Butte County to the District;
2. That, in light of the findings set forth above and
pursuant to Government Code section 61111, the Board of
Supervisors dispenses with an election and, pursuant to
Government Code section 51117 declares:
a. The Richardson Springs Community Services District
is hereby a district duly organized under Title 5,
Division 3 of the Government Code.
b. The district shall be known as the Richardson
Springs Community Services District.
c. The purpose of the District shall be limited to the
design, construction and maintenance of a community
wastewater treatment facility, the design of which
is currently underway; provided, however, that
included within this purpose is the District's full
and complete assumption of, instead and in place of
the County and/or CSA 130, the obligation of the
construction and/or maintenance of the wastewater
treatment facility.
d. The boundaries of the District are as described and
set forth in exhibit "A" to this Resolution.
3. The formation of such District for the purposes
specifically enumerated, will be in the best interests of
the residents within the District and to the county,
generally.
4. The District sha11 assume full and complete
responsibility for the construction and operation of the
wastewater treatment facility instead and in place of the
County and/or CSA 130 as soon as is practicable. Tt is
the intent of the Board of Supervisors to dissolve CSA
130 once the District has assumed the full and complete
obligation in place and instead of the County and/or the
CSA for the construction and maintenance of the
wastewater treatment facility. Nothing herein shall be
construed as an admission by either the County ar CSA 130
that either the County or CSA 130 have any obligation to
construct or maintain the wastewater treatment facility.
5. Pursuant to Government Code sections 61111 and 61120, the
Board hereby designates the fallowing persons as the
members of the Board of Directors of the District:
a. Lori Matthias
b. Dennis Snyder
c. Harry Caulombe
d. David Clawser
e. Steve Gregor
6. Upon the adoption of this Resolution, the Clerk of the
Board of Supervisors shall transmit a certified copy of
the Resolution to the Executive Director of LAFCO who
shall complete the proceedings pursuant to Chapter 8
(commencing with Section 57200) of Part 4. Any fees or
costs incurred in such completion shall be the sole
responsibility of Applications in support of formation of
the District.
The foregoing Resolution was adopted by the Board of
Supervisors of the County of Butte, acting in its capacity as the
legislative body of the County of Butte, at it meeting held on the
9th day of November ~ 1gg3, by the following vote:
AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair Houx
NOES : None
ABSTAIN: None
NOT VOTING : None
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~' d /1
Mary An Houx, Chair of the
Butte County Board of Supervisors
ATTEST:
John S. Blacklock
Officer and Cle of the Board
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