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HomeMy WebLinkAbout99-174BOARD OF SUPERVLSO-R~ COUNJTY QF BUTTE, STATE ©F CALtFORN1A Resolution No. 99-174 RESOLUTION CALLING AN ELECTION FOR TWO TRUSTEE' POSI'T'IONS ON THE GOVERNING BOARD OF RECLAMATION DISTRICT N0. 833 ~tiiHEREAS, an election was scheduled for November 2, 1999, for two positions on the Reclamation District No. 833 (the "District") Board of Trustees; and WHEREAS, the District published two notices, namely, a "Notice of Election" and a "Declaration of Candidacy Available", on September 3, 1999; and Vv'HEREAS, the two incumbent trustees whose terms were expiring timely filed nomination petitions; and 6ti1HEREAS, two would-be challengers attempted to file nomination petitions but said petitions were rejected by the District as being untimely; and WHEREAS, the District has taken the position that the Board of Supervisors should re-appoint the two incumbents pursuant to [nJater Code Sections 50740 and 50741 as the only two "nominees", without an election being held; and WHEREAS, the notices published on September 3, 1999, by the District did not comply with the requirements of Water Code Section 50731.5 and did not clearly and correctly state the deadline for the filing of nomination petitions; and WHEREAS, the Board of Supervisors has concluded, in view of the non- compliance with the notice requirements of Water Code Section 50731.5, that Page 1 the District did not take steps necessary to the holding of the regular District election. NOW, THEREFORE, BE IT RESOLVED, that: 1. A special election is hereby called, pursuant to Elections Code Section 10004, within Reclamation District No. 833 for the election of two members of the District Board of Trustees; 2. The said District election shall be held not later than 90 days from the date of this resolution. The election process shall be begun anew, and the election shall be conducted by the District i.n the same manner as required for regular district elections pursuant to T~n7ater Code Section 50730 et seq., including but not limited to the publication of a new notice, as required by Water Code Section 50731.5; 3. The cost of the election shall be borne by the District, pursuant to the requirements of Elections Code Section 10004. 4. The District may hold the election by mailed ballot pursuant to Water Code Section 50707, as a cost-saving measure. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 14 th day of December 1999 by the following votes: AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan NOES : None ABSENT : None NOT VOTING : None '~. C _~~ ~-_~_ -- --~-____-__ ~ T- :%- _ ; JADE'DOLAN, Chair Butte County Board of Supervisors ATTESTED: ~~ l JOHN BLACKLOCK Chief Administrative Officer and tie ,Clerffk of the Board i ~ Page 2