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HomeMy WebLinkAboutMINUTES - 12101991 - H.5 I" THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on DECEMBER 10, 1991 by the following vote: AYES: Supervisors Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: Supervisor Fanden ABSTAIN: None RESOLUTION NO. 91/804 SUBJECT: Combining Oakley . Sanitary District, Oakley-Bethel Island Wastewater Management Authority and Contra Costa County. Sanitation District No. 15. RESOLUTION NO. 91/804 A RESOLUTION BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ORDERING THE REORGANIZATION AND COMBINATION OF OAKLEY SANITARY DISTRICT, OAKLEY-BETE EL ISLAND WASTEWATER MANAGEMENT AUTHORITY, AND CONTRA COSTA COUNTY SANITATION DISTRICT NO. 15 WHEREAS, Oakley Sanitary District ("OSD") and the Contra Costa County Board of Supervisors, as the governing board of Contra Costa County Sanitation District No. 15 ("District 15"), have adopted concurring resolutions (Resolution Nos. 91-25 and 91/671, respectively), proposing to reorganize OSD and District 15, so as to (a) annex all territory presently within District 15 to OSD; (b) dissolve District 15; and (c) dissolve the joint powers agency which OSD and District 15 currently operate, the Oakley-Bethel Island Wastewater Management Authority ("OBIWMA"); WHEREAS, the Local Agency Formation Commission of Contra Costa County ("LAFCO") adopted its Resolution No. 91-37-A on November 13, 1991, approving said reorganization of OSD and District 15 in accordance with the provisions, terms and conditions set forth in Resolutions Nos. 91-25 and 91/671, all of which are incorporated herein by this reference. WHEREAS, pursuantljto LAFCO Resolution No. 91-37-A, the Board of Supervisors has been designated as "conducting authority". with respect to the reorganization under 11 California Government Code §56029(d); and WHEREAS, LAFCO Resolution No. 91-37-A provides that the board is "authorized to conduct proceedings' for the reorganization pursuant to Government code §57081, without an election, except as otherwise provided in Subdivision (b) of Government Code §57081. RESOLUTION NO. 91/804 :N San. Dist. 15 i December 10, 1991 Page Two NOW, THEREFORE,the Board of Supervisors of Contra Costa County, California, hereby FINDS, DETERMINES'; RESOLVES and ORDERS as follows: 1. This Resolutionand the actions authorized and directed hereby are taken pursuant to the provis'o's of the Cortese-Knox Local Government Reorganization Act of 1985 (Title 5, Division 3 of the California Government Code) and LAFCO Resolution No. 91-37-A. I i' 2. The actions ordered hereby will result in the annexation of all territory presently within District X15 to OSD, and the subsequent dissolution of District 15 and OBIWMA. In accordance with LAFCO Resolution No. 91-37-A, the reorganization shall be subject to the terms and conditions of OSD Resolution No. 91-25 and Board of Supervisors Resolution No. 91/671. I 3. The boundaries of the territories affected by the reorganization, that is OSD and District 15, ares; as shown on the map attached as Exhibit A and incorporated herein by this reference. 4. The reason for the reorganization is that"better and more economic sanitary sewer and related services can be offered to the residents of OSD and District 15 if OSD, the joint powers agency which it and District 15 operate [OBIWMA], and District 15 are combined in a single public agency." 5. OSD utilizes (and will continue to utilize) the regular County assessment roll. ii 6. The District 151territory to be annexed to OSD will not be taxed for any general bonded indebtedness of OSD. OSD shall succeed to all rights, duties and obligations of District 15 with respect to its general bonded indebtedness,.except to the extent tfi'e proposed County Service�Areas M-26, M-27 and 28 succeed to such rights, duties and obligations relating to former Zones 1, 2 and 3 of District 15. 7. The Board of Supervisors of Contra Costa County, as conducting authority with respect to the proposed reorganization, published a Notice of Hearing in accordance with Government Code §§57025 and 57026, specifying that a public hearing on the proposed reorganization would be held at 11:00 a.m. on Tuesday, December 10,1 1991, at the Board's Chambers at 651 Pine Street, Room 107, Martinez, California. 8. A public hearing was held by the Board at the date, time and place specified in said Notice of Hearing, in accordance with Government Code Sec. 57050. Prior to consideration of any protests to the proposed reorganization,. LAFCO Resolution Noi.i 91-37-A was summarized. Thereafter, the Board heard and received all oral and written protests, objections, and evidence which were made, presented or filed. 9. No written protests to the proposed reorganization were presented prior to conclusion of the hearing. Thus, no determination as.to the value of any such protest is required pursuant to Government Code §57062. 10. The Board, sitting as the Board of Directors of District 15, has consented to dissolution of ,istrict 15, by unanimous resolution. RESOLUTION NO. 91/804 , San. Dist. 15 December 10, 1991 Page Three 11. If no petition sufficient to require an election is received within thirty (30) days of December 10, 1991, this Board .hereby orders the territory of District 15 annexed to OSD, and District 15 and OBIWMA are hereby ordered dissolved, without an election, all in accordance with the provisions, terms and conditions set forth in LAFCO Resolution -Nop. 91-37-A, Board Resolution No. 91/671 and OSD Resolution No. 91-25. The effective date of the reorganization hereby ordered shall be the end of the calendar month during which the Certificate of Completion is recorded for the reorganization. 12. If no petition sufficient to require an election is received with thirty (30) days of December 10, P91, this Board hereby orders the Clerk to immediately transmit a certified copy of this Resolution, together with the applicable fees required by Government Code §54902.5, to the Executive Officer of LAFCO. hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervis rs on the date shown. ATTESTED: PHIL BATCHELOR,Cierk of the Board of supervisors and County Administrator BY ,Deputy Orig. Dept.: Public Works (Admin.) cc: County Admin.; Office County Assessor's Office County Auditor/Controller Community Development County Counsel Health Department LAFCO PW - Engineering Services Advisory Board No. 15 Oakley Sanitary District MFK:Iv a:BO\sdi 5.ti 2 RESOLUTION NO.91/804 I ••.4 � I r I! w«K I ii«m i I r.ew w.e•• �, ' / re crew. � °ji� •� ,. all velt/pti 't / C-� `; •._ r -. •y,•.G �. 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E>0UWDARY EXHIBIT A THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 10, 1991 by the following vote: AYES: Supervisors Schroder, McPeak, Torlakson, and Powers NOES: None ABSENT: Supervisors Fanden ABSTAIN:None RESOLUTION NO. 91/805 SUBJECT: Establishing County Service Area M-26. RESOLUTION NO. 91/_$05 A RESOLUTION BY THE BOARD OF-SUPERVISORS OF CONTRA COSTA COUNTY ESTABLISHING COUNTY SERVICE AREA M-26 WHEREAS, Oakley Sanitary District ("OSD") and the Contra Costa County Board of Supervisors, as the governing board of Contra Costa County Sanitation District No. 15 ("District 15"), have adopted concurring resolutions (Resolution Nos. 91-25 and 91/671, respectively), proposing to reorganize OSD and District 15, so as to (a) annex all territory presently within District 15 to OSD; (b) dissolve District 15; and (c) dissolve the joint powers agency which OSD and District 15 currently.operate, the Oakley-Bethel Island Wastewater Management Authority ("OBIWMA"):; '1 WHEREAS, the Local Agency Formation Commission of Contra Costa County ("LAFCO") adopted its Resolution No. 91-37-A on November 13, 1991, approving said reorganization of OSD and District 15 in accordance with the provisions, terms and conditions set forth in Resolutions Nos. 91-25 and 91/671, all of which are incorporated herein by this reference; WHEREAS, Board Resolution No. 91/671 also served as a notice of intention to establish and form new County Service Area M-26, comprising former Zone 1 of District 15 (the "CSA"), in accordance with the Schedule of Terms and Condition attached to such Resolution (the "Schedule"); WHEREAS, on November 13, 1991, LAFCO adopted its Resolution No. 91-37-B, approving the formation of the CSA, in accordance with the terms and conditions set forth in Board Resolution 9111/761 and OSD Resolution 91-25; WHEREAS, pursuant to LAFCO Resolution Nos. 91-37-A and 91-37-B, the Board of Supervisors has been, designated as "conducting authority" for all further proceedings with respect to the proposed annexation, dissolution and formation, in accordance with California Government Code Section 56029; and WHEREAS, on December 10, 1991,the Board adopted its Resolution 91/804, concurrently with this Resolution, ordering all territory of District 15 annexed to OSD, and.ordering that District 15 be dissolved, all in accordance with the provisions, terms and conditions of LAFCO Resolution No. 91-37-A, Board Resolution No. 91/671 and OSD Resolution No. 91-25. RESOLUTION NO. 91/805 SD15/M-26 December 10, 1991 Page Two NOW, THEREFORE, the Board of Supervisors of Contra Costa County, California, hereby FINDS, DETERMINES, RESOLVES and ORDERS as follows: 1. This Resolution and the actions authorized and directed hereby are taken pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985 (Title 5, Division 3 of the California Government Code), Title 3, Division 2, Part 2, Chapter 2.21 of the California Government Code (concerning County Service Areas) and LAFCO Resolution No. 91-37-B. 2. The actions ordered hereby will result in the formation of "County Service Area M- 26," which will'. provide the extended services described in the Schedule (all provisions of which are incorporated herein by this reference), in accordance with the terms and donditions of OSD Resolution No. 91-25 and Board of Supervisors Resolution No:,91/671. Set forth below in the quotation marks are the pertinent provisions of the Schedule primarily relating to formation of the CSA: "a. Three new"M" (miscellaneous) County Service Areas shall be formed on Bethel Island and in its immediate vicinity. The reason is to provide the extended County service of a community water system in these three areas. Each County Service Area is to have the power to acquire, construct, operate, replace, maintain and repair a water supply and distribution system as authorized by Government Code Sections 25210.4(d) and 25120.4a(1)." "b. New County Service area M-26 shall have exterior boundaries coterminous with those of Zone 1 of District 15, new County Service Area M-27 shall have exterior boundaries coterminous with those of Zone 2 of District 15, and new County Service Area M-28 shall have exterior boundaries coterminous with those of Zone 3 of District 15." . 11 "c. These exterior boundaries of the three new County Service Areas, M- 26, M-27 and M-28 are ... described in the metes and bounds descriptions attached ...." j "d. ji "e. The funding for each Service Area is to be from service charges and fees obtained from users of the water, in accordance with Government Code Sections 125210.77a and 25210.9." "f. On the Effective Date each new County Service Area shall receive, accept and assume the existing water system and all of the other property, assets and liabilities of its respective Zone, without further action by any person. All tangible property and assets of each Zone are located on the site of the respective Zone (County Service Area). The cash balances and related finances of each Zone are in a separate account for each Zone maintained by the County Auditor." "g. To the extent not already provided by subsection f preceding, the new County Service Areas, as the successors to Zones 1, 2 and 3 of District 15, shall;succeed on the Effective Date to all of the rights, duties and obligations of District 15 with respect to the enforcement, performance and payment of all 'outstanding bonds, including any revenue bonds, and all contracts and obligations, relating to each Service Area's former Zone of District 15." RESOLUTION NO. 91/805 i S D 15/M-26 December 10, 1991 Page Three "h. Any existing assessment or other improvement district formed for purposes of any of the three water systems comprising Zones 1, 2 and 3 shall likewise Abe transferred to the new County Service Area for the respective Zone." 3. The boundaries of the CSA are as shown on the map attached as Exhibit A-1 and incorporated herein by this reference. 4. The reason fors the reorganization as a whole is that "better and more economic sanitary sewer';and related services can be offered to the residents of OSD and District 15 if OSD, the joint powers agency which it and District 15 operate [OBIWMA] and District 15 are combined in a single public agency." The formation of the new CSA in specific will permit the County to continue to provide the extended service of a community water system, which is currently provided to former Zone 1 !hof District 15. 5. The CSA will utilize the regular County assessment roll. 6. The territory of'the new CSA will not be taxed in its capacity as territory of a CSA for any general bonded indebtedness of OSD, but shall succeed to all rights, duties and obligations of District 15 with respect to the general bonded indebtedness of District 15 which relates to former Zone 1. 7. The Board of Supervisors of Contra Costa County, as conducting authority with respect to the proposed reorganization, published a Notice of Hearing in accordance with Government Code Secs. 25210.16, 57025 and 57026, specifying that a public hearing on the proposed reorganization would be held at 11:00 a.m., Tuesday, December 10, 1991, at the Board's Chambers at 651 Pine Street, Room 107, Martinez, 'California. 8. A public hearing was held by the Board at the date, time and place specified in said Notice of;Hearing, in accordance with Government Code Secs. 57050 and 25210.1.7. Prior to consideration of any protests to the proposed reorganization, LAFCO Resolution No. 91-37-B was summarized. Thereafter,the Board heard and received all oral and written protests, objections, and evidence which were made, presented or filed. 9. At the conclusion of the hearing, the Board found that all of the services described in Board Resolution No. 91/671 with respect to the CSA are extended county services. 10. No written protests to the proposed reorganization were presented either on or before the time fixed for hearing or prior to conclusion of the hearing. Thus, no determination las to the value of any such protest is required pursuant to Government Code Section 57062. 11. The Board specifically finds that the proceedings prior hereto were valid and in conformity with,Chapter 2.2, Part 2, Division 2, Title 3 of the California Government Code. 12. If no petition sufficient to require an election is received within 30 days of December 10,�� 1991, this Board orders the formation of the CSA, without an election, subject to Government Code Sections 25210.21-25210.23. The CSA shall have the boundaries described on Exhibit A attached, and shall provide the RESOLUTION NO. 91/805 S D 15/M-26 December 10, 1991 Page Four services described in Resolution No. 91/671, all in accordance with the terms and conditions described in such Resolution. The effective date of the formation of the CSA hereby ordered shall be the end of the calendar month during which the Certificate of Completion is recorded for the reorganization being ordered by concurrent Resolution No. 91/804. 13. If no petition ;pufficient to require an election is received within 30 days of December 10,111991, the Clerk shall immediately transmit a certified copy of this Resolution, together with the applicable fees required by Government Code Section 54902'5, to the Executive Officer of LAFCO. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Superviso on the d to shown. ATTESTED: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By - ,Deputy I k !i Orig. Dept.: Public Works (Admin.) cc: County Admin.110ffice County Assess'or's Office County Auditor Controller Community Development County Counsel Health Department LAFCO PW - Engineering Services Advisory Board No. 15 Oakley Sanitary District MFK:ly a:BO\sd15.t12 RESOLUTION NO.91/805 Local Agency Formation Commission Contra Costa County, California Approved Description Date: 11-20-91 By: Ivan Broce (L.A.F.C. 91-37) FORMATION OF COUNTY SERVICE AREA M-26 AND CREATION OF COTERMINOUS SPHERE OF INFLUENCE EXHIBIT A All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder of- Contra Costa County, State of California. Portion of the southwest one-quarter of Section 3, Township 2 North, Range 3 East, Mount Diablo Meridian, Contra Costa County, State of California, described as follows: Being all of Subdivision 3870, "Willow Road West, " as shown on the map filed April 1 , 1970, in Book 129 of Maps at Page 44, records of said County. Containing an area of 7.48 acres, more or less. \I ,♦ Yeti}tr'�•�, q — •.:. — SLWGH -.. Q.. _'�_'"�— , r ' e • n to r. • 1ai a n w f P Y r ' ROAD {, MESL • 4"� � Ot y t„ V�� C ,0•� ?,arc 0i p 1 O aT 11 Yll(D\ li d'J• N o y4 i o� IF A T! ^ i ��ia' rte• • o 10 c sa d Nate ,IIID'.!4"w CNBT°!t',fF'to' ►� U .vdi• `/✓ Alt B7 tl4 ie: �4y Ae, .4 a � �) to tA' G+ V� to °; ago (SNF o� IT A-1 IB THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 10, 1991 by the following vote: AYES: Supervisors Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: Supervisor Fanden ABSTAIN: None RESOLUTION NO.91/806 SUBJECT: Establishing County Service Area M-27. RESOLUTION NO. 91/806 A RESOLUTION BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ESTABLISHING COUNTY SERVICE AREA M-27 WHEREAS, Oakley Sanitary District ("OSD") and the Contra Costa County Board of Supervisors, as the governing board of Contra Costa County Sanitation District No. 15 ("District 15"), have adopted concurring resolutions (Resolution Nos. 91-25 and 91/671, respectively), proposing to reorganize OSD and District 15, so as to (a) annex all territory presently within District 15 to OSD; (b) dissolve District 15; and (c) dissolve the joint powers agency which OSD and District 15 currently operate, the Oakley-Bethel Island Wastewater Management Authority ("OBIWMA"); WHEREAS, the Local Agency Formation Commission of Contra Costa County ("LAFCO") adopted its Resolution No. 91-37-A on November 13, 1991, approving said reorganization of OSD and District 15 in accordance with the provisions, terms and conditions set forth in Resolutions Nos. 91-25 and 91/671, all of which are incorporated herein by this reference; WHEREAS, Board Resolution No. 91/671 also served as a notice of intention to establish and form new County Service Area M-27, comprising former Zone 2 of District 15 (the "CSA"), in accordance with the Schedule of Terms and Condition attached to such Resolution (the "Schell, ble"); WHEREAS, on November 13, 1991, LAFCO adopted its Resolution No. 91-37-B, approving the formation of the CSA, in accordance with the terms and conditions set forth in Board Resolution 91/761 and OSD Resolution 91-25; WHEREAS, pursuant; to LAFCO Resolution Nos. 91-37-A and 91-37-B, the Board of Supervisors has been designated as "conducting authority" for all further proceedings with respect to the proposed annexation, dissolution and formation, in accordance with California Government Code Section 56029; and WHEREAS, on December 10, 1991,the Board adopted its Resolution 91/804, concurrently with this Resolution, ordering all territory of District 15 annexed to OSD, and ordering that District 15 be dissolved, all in accordance with the provisions, terms and conditions of LAFCO Resolution No. 91-37-A, Board Resolution No. 91/671 and OSD Resolution No. 91-25. RESOLUTION NO.91/806 i Lr y S D 15/M-27 December 10, 1991 Page Two NOW, THEREFORE,the Board of Supervisors of Contra Costa County, California, hereby 11 FINDS, DETERMINES, RESOLVES and ORDERS as follows: ;; 1. This Resolution and the actions authorized and directed hereby are taken pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985 (Title 5, Division 3 of the California Government Code), Title 3, Division 2, Part 2, Chapter 2.2, of the California Government Code (concerning County Service Areas) and LAFCO Resolution No. 91-37-B. 2. The actions ordered hereby will result in the formation of "County Service Area M- 27," which will; provide the extended services described in the Schedule (all provisions of which are incorporated herein by this reference), in accordance with the terms and ;conditions of OSD Resolution No. 91-25 and Board of Supervisors Resolution No. 91/671. Set forth below in the quotation marks are the pertinent provisions of the Schedule primarily relating to formation of the CSA: "a. Three new"M" (miscellaneous) County Service Areas shall be formed on Bethel Island and in its immediate vicinity. The reason is to provide the extended County service of a community water system in these three areas. Each County Service Area is to have the power to acquire, construct, operate, replace, maintain and repair a water supply and distribution system as authorized by Government Code Sections 25210.4(d) and 25120.4a(1)." "b. New County Service area M-26 shall have exterior boundaries coterminous with those of Zone 1 of District 15, new County Service Area M-27 shall have exterior boundaries coterminous with those of Zone 2 of District 15, and new County Service Area M-28 shall have exterior boundaries coterminous with those of Zone 3 of District 15." "c. These exterior boundaries of the three new County Service Areas, M- 26, M-27 and M-28 are ... described in the metes and bounds descriptions attached ...." "e. The funding for each Service Area is to be from service charges and fees obtained .!from users of the water, in accordance with Government Code Sectionsi 25210.77a and 25210.9." "f. On the ,Effective Date each new County Service Area shall receive, accept and assume the existing water system and all of the other property, assets and liabilities of its respective Zone, without further action ,by any person. All tangible property and assets of each Zone are located on the site of the respective Zone (County Service Area). The cash balances and related finances of each Zone are in a separate account for each Zone maintained by`,the County Auditor." "g. To the extent not already provided by subsection f preceding, the new County Service Areas, as the successors to Zones 1, 2 and 3 of District 15, shall succeed on the Effective Date to all of the rights, duties and obligations of District 15 with respect to the enforcement, performance and payment of all:outstanding bonds, including any revenue bonds, and all contracts and obligations, relating to each Service Area's former Zone of District 15." RESOLUTION NO. 91/806 r } SD15/M-27 December 10, 1991 Page Three Y "h. Any existing assessment or other improvement district formed for purposes of any of the three water systems comprising Zones 1, 2 and 3 shall likewise 6e transferred to the new County Service Area for the respective Zone." 3. The boundaries of the CSA are as shown on the map attached as Exhibit A-2 and incorporated herein by this reference. 4. The reason forJhe reorganization as a whole'is that "better and more economic sanitary sewer!!and related services can be offered to the residents of OSD and District 15 if OSD, the joint powers agency which it and District 15 operate [OBIWMA] and,;District 15 are combined in a single public agency." The formation of the new CSA in specific will permit the County to continue to provide the extended service of a community water system, which is currently provided to former Zone 2 lof District 15. 5. The CSA will utilize the regular County assessment roll. 6. The territory of�,the new CSA will not be taxed in its capacity as territory of a CSA for any general bonded indebtedness of OSD, but shall succeed to all rights, duties and obligations of District 15 with respect to . the general bonded indebtedness of District 15 which relates to former Zone 2. 7. The Board of Supervisors of Contra Costa County, as conducting authority with respect to the proposed reorganization, published a Notice of Hearing in accordance with Government Code Secs. 25210.16, 57025 and 57026, specifying that a public hearing on the proposed reorganization would be held at 11:00 a.m., Tuesday, December 10, 1991, at the Board's Chambers at 651 Pine Street, Room 107, Martinez, ,California. 8. A public hearing was held by the Board at the date, time and place specified in said Notice of(Hearing, in accordance with Government Code Secs. 57050 and 25210.17. Prior to consideration of any protests to the proposed reorganization, LAFCO Resolution No. 91-37-B was summarized. Thereafter,the Board heard and received all oral and written protests, objections, and evidence which were made, presented or filed. 9. At the conclusion of the hearing, the Board found that all of the services described in Board Resolution No. 91/671 with respect to the CSA are extended county services. +! 10. No written protests to the proposed reorganization were presented either on or before the time fixed for hearing or prior to conclusion of the hearing. Thus, no determination ;as to the value of any such protest is required pursuant to Government Code Section 57062. 11. The Board specifically finds that the proceedings prior hereto were valid and in conformity with Chapter 2.2, Part 2, Division 2, Title 3 of the California Government Code. 12. If no petition sufficient to require an, election is received within 30 days of December 10,° 1991, this Board orders the formation of the CSA, without an election, subject to Government Code Sections 25210.21-25210.23. The CSA shall have the boundaries described on Exhibit A attached, and shall provide the services described in Resolution No. 91/671, all in accordance with the terms and RESOLUTION NO. 2L/806 S D 15/M-27 December 10, 1991 Page Four conditions described in such Resolution. The effective date of the formation of the CSA hereby ordered shall be the end of the calendar month during which the Certificate of. Completion is recorded for the reorganization being ordered by concurrent Resolution No. 91/804 13. If no petition ;sufficient to require an election' is received within 30 days of December 10,;,1991, the Clerk shall immediately transmit a certified copy of this Resolution, together with the applicable fees required by Government Code Section 549025, to the Executive Officer of LAFCO. 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Superrlsom on the ate shown. ATTESTED: —,,(y /a.j 9 9 / PHIL BATCHELOR,Clerk of thrBoard of ikverwsora and County Administrator By ,Deputy Orig. Dept.: Public Works (Admin.) cc: County Admin.! Office County Assessor's Office County Auditor/Controller Community Development County Counsel Health Department LAFCO PW - Engineering Services Advisory Board No. 15 Oakley Sanitary District MFK:ly a:BO\sd15.t12 RESOLUTION NO. 91/806 Local Agency Formation Commission Contra Costa County, California Approved Description Date: 11-20-91 By: Ivan .Broce (L.A.F.C. 91-37) FORMATION OF COUNTY SERVICE AREA M-27 AND CREATION OF COTERMINOUS SPHERE OF INFLUENCE EXHIBIT A All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder of Contra Costa County, State of California. All that portion of the north one-half of Section 22, Township Two North, Range Three East, Mount Diablo Base and Meridian, said area also referred to in the "Sandmound Boulevard Annexation No. 1" to County Service Area L-43, more particularly described as follows: Beginning at the most easterly corner of that certain parcel of land detcribed in the deed to Bolusiano Perez, et ux, recorded in the Office of the Clerk and Recorder of Contra Costa County in Book 559, Official Records, page 259, said corner being also the- most easterly corner of Lot "A" of Subdivision 7139 as shown on the map filed April 10, 1991, in Book 356 of Maps at Page 12, Contra Costa County Recorder's Office; thence from said point of beginning along the easterly line of said Perez parcel South 47005100" West, 54.80 feet; thence along the westerly right-of-way line of Sandmound Boulevard and the northerly prolongation thereof, South 38007100" West, 458.50 feet; thence leaving, said westerly right-of-way line North 32036'00" West, 389.3 feet; thence North 72008'00" West, 299.60 feet; thence North 71036'00" West, 473.40 feet; thence North 12043100" East, 476 feet, more or less, to the southeastern corner of the parcel of land deeded to William W. Wells, et ux, recorded May 25, 1949, in Book 1391 of Official Records, at page 545; thence North 68015100" West, 213.87 feet; thence North 29004'00" East, 72.13 feet to the most southerly corner of the parcel of land described in the deed to Leo G. Craig, recorded in the Office of the Clerk and Recorder of Contra Costa County in Book 1553, Official Records, page 429; thence along the east line of said Craig parcel North 12051 '35" East, 157.61 feet to a point in the north line of said Perez parcel; thence along the north line of said Perez parcel South 60040'00" East, 270.94 feet; thence South 58044'00" East, 671.70 feet; thence PAGE 2 (L.A.F.C. 91-37) South 51014'00" East, 339.50 feet; thence South 44001100" East, 314.60 feet to the point of beginning. Containing an area of 15.99 acres, more or less. r G 21 2a + d , � IJ N !s !`ure „ !ti=�01 IN 1 urr+ rc srrrr �•- u»t -r/ f W Ht f .•r -1! W lrr0 W ID J a � • Irrr 3030too t p ua HCH c it: b 11 rrra � � 1 pn It, „ n♦ ; T ' Or$ 12 Its Q � 1 srN ,yt•1 i41M +h v ' ,131#!" G• , —{— Sal 1 •« 4 err Q4 33 a �°4d t _ W ° Ix ,a It I DUTC,y k SL©&GH sy , 6 2e;"" 3 0 1 M , lb 1'.4 I e ON sfoo + �••3 ++�. .33 v- T � >b, l?• �a 5� +t j• +•4 j 0.13 „� � - P.rra� Ct •e SIS - err. srro to ar y0 133 elft N s sy! a $so s 16 ej}e• ie}� � � e!°� a R M- 27 FoRtAATtON t v�T � �'C) ' t,lK M i NOV►5 �Pir-�tc.RE A� CREa-c kow o; COT W10 . EXHIBIT n , 14 5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 10, 1991 by the following vote: AYES: Supervisors Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: Supervisor Fanden ABSTAIN: None RESOLUTION NO. 91/807 SUBJECT: Establishing County Service Area M-28. RESOLUTION NO. 91/807 A RESOLUTION BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ESTABLISHING COUNTY SERVICE AREA M-28 WHEREAS, Oakley Sanitary District ("OSD") and the Contra Costa County Board of Supervisors., as the governing board of Contra Costa County Sanitation District No. 15 ("District 15"), have adopted concurring resolutions (Resolution Nos. 91-25 and 91/671, respectively),.proposing to reorganize OSD and District 15, so as to (a) annex all territory presently within District 15 to OSD; (b) dissolve District 15; and (c) dissolve the joint powers agency which OSD and District 15 currently operate, the Oakley-Bethel Island Wastewater Management Authority ("OBIWMA"); WHEREAS, the Local Agency Formation Commission of Contra Costa County ("LAFCO") adopted its Resolution No. 91-37-A on November 13, 1991, approving said reorganization of OSD and District 15 in accordance with the provisions, terms and conditions set forth in Resolutions Nos. 91-25 and 91/671, all of which are incorporated herein by this reference; WHEREAS, Board Resolution No. 91/671 also served as a notice of intention to establish and form new County Service Area M-28, comprising former Zone 3 of District 15 (the "CSA"), in accordance with the Schedule of Terms and Condition attached to such Resolution (the "Schedule"); WHEREAS, on November 13, 1991, LAFCO adopted its Resolution No. 91-37-B, 11 approving the formation of the CSA, in accordance with the terms and conditions set forth in Board Resolution 4,;1/761 and OSD Resolution 91-25; WHEREAS,. pursuant;;to LAFCO Resolution Nos. 91-37-A and 91-37-B, the Board of Supervisors has been designated as "conducting authority" for all further,proceedings with respect to the proposed annexation, dissolution and formation, in accordance with California Government Code Section 56029; and WHEREAS, on December 10, 1991,the Board adopted its Resolution 91/804, concurrently with this Resolution, ordering all territory of District 15 annexed to OSD, and ordering that District 15 be dissolved, all in accordance with the provisions, terms and conditions of LAFCO Resolution Nq. 91-37-A,, Board Resolution No. 91/671 and OSD Resolution No. 91-25. RESOLUTION N0.�807' SD15/M-28 December 10, 1991 Page Two NOW, THEREFORE,the Board of Supervisors of Contra Costa County, California, hereby FINDS, DETERMINES, RESOLVES and ORDERS as follows: 1. This Resolution and the actions authorized and directed hereby are taken pursuant to the provisiohs of the Cortese-Knox Local Government Reorganization Act of 1985 (Title 5, Division 3 of the California Government Code), Title 3, Division 2, Part 2, Chapter 2.2< of the California Government Code (concerning County Service Areas) and LAFCO Resolution No. 91-37-B. 2. The actions ordered hereby will result in the formation of"County Service Area M- 28," which will, provide the extended services described in the Schedule (all provisions of which are incorporated herein by this reference), in accordance with the terms and "conditions of OSD Resolution No. 91-25 and Board of Supervisors Resolution No.!91/671. Set forth below in the quotation marks are the pertinent provisions of the Schedule primarily relating to formation of the CSA: "a. Three new"M" (miscellaneous) County Service Areas shall be formed on Bethel Island and in its immediate vicinity. The reason is to provide the extended County service of a community water system in these three areas. Each County Service Area is to have the power to acquire, construct, operate, replace, maintain and repair a water supply and distribution system as authorized by Government Code Sections 25210.4(d) and 25120.4a(1)." "b. New County Service area M-26 shall have exterior boundaries coterminous with those of Zone 1 of District 15, new County Service Area M-27 shall have exterior boundaries coterminous with those of Zone 2 of District 15, and new County Service Area M-28 shall have exterior boundaries coterminous with those of Zone 3 of District 15." "c. These exterior boundaries of the three new County Service Areas, M- 26, M-27 and M-28 are ... described in the metes and bounds descriptions attached ...." I'd. ....11 "e. The funding for each Service Area is to be from service charges and fees obtained from users of the water, in accordance with Government Code Sections;25210.77a and 25210.9." "f. On the Effective Date each new County Service Area shall receive, accept and assume the existing water system and all of the other property, assets and liabilities of its respective Zone, without further action by any person. All tangible property and assets of each Zone are located on the site of the respective Zone (County Service Area). The cash balances and related finances of each Zone are in a separate account for each Zone maintained by the County Auditor." "g. To the extent not already provided by subsection f preceding, the new County Service Areas, as the successors to Zones 1, 2 and 3 of District 15, shall succeed on the Effective Date to all of the rights, duties and obligations of District 15 with respect to the enforcement, performance and payment of ally outstanding bonds, including any revenue bonds, and all contracts and obligations, relating to each Service Area's former Zone of District 15." RESOLUTION NO. 91/8 7 S D 15/M-28 December 10, 1991 Page Three "h. Any existing assessment or other improvement district formed for purposes of any of the three water systems comprising Zones 1, 2 and 3 shall likewise be transferred to the new County Service Area for the respective Zone." 3. The boundaries of the CSA are as shown on the map attached as Exhibit A-3 and incorporated herein by this reference. 4. The reason for,the reorganization as a whole is that "better and more economic sanitary sewer*d related services can be offered to the residents of OSD and District 15 if OSD, the joint powers agency which it and District 15 operate [OBIWMA] and District 15 are combined in a single public agency." The formation of the new CSA in specific will permit the County to continue to provide the extended service of a community water system, which is currently provided to former Zone 3`!of District 15. 5. The CSA will utilize the regular County assessment roll. 6. The territory of!the new CSA will not be taxed in its capacity as territory of a CSA for any general bonded indebtedness of OSD, but shall succeed to all rights, duties and obligations of District 15 with respect to the general bonded indebtedness of District 15 which relates to former Zone 3. 7. The Board of Supervisors of Contra Costa County, as conducting authority with respect to the proposed reorganization, published a Notice of Hearing in accordance with Government Code Secs. 25210.16, 57025 and 57026, specifying that a public hearing on the proposed reorganization would be held at 11:00 a.m., Tuesday, December 10, 1991, at the Board's Chambers at 651 Pine Street, Room 107, Martinez, lbaiifornia. 8. A public hearing was held by the Board at the date, time and place specified in said Notice of ;Hearing, in accordance with Government Code Secs. 57050 and 25210.17. Prior to consideration of any protests to the proposed reorganization, LAFCO Resolution No. 91-37-B was summarized. Thereafter,the Board heard and received all oral and written protests, objections, and evidence which were made, presented or filed. 9. At the conclusion of the hearing, the Board found that all of the services described in Board Resolution No. 91/671 with respect to the CSA are extended county services. 10. No written protests to the proposed reorganization were presented either on or before the time fixed for hearing or prior to conclusion of the hearing. Thus, no determination las to the value of any such protest is required pursuant to Government Code Section 57062. 11. The Board specifically finds that the proceedings prior hereto were valid and in conformity with;Chapter 2.2, Part 2, Division 2, Title 3 of the California Government Code. 12. Af no petition sufficient to require an election is received within 30 days of December 10,'' 1991, this Board orders the formation of the CSA, without an election, subject to Government Code Sections 25210.21-25210.23. The CSA shall have the boundaries described on Exhibit A attached, and shall provide the services described in Resolution No. 91/671, all in accordance with the terms and RESOLUTION NO. 91/807 SD15/M-28 December 10, 1991 Page Four conditions described in such Resolution. The effective date of the formation of the CSA hereby ordered shall be the end of the calendar month during which the Certificate of Completion is recorded for the reorganization being ordered by concurrent Resolution No. 91/__8 04 13. If no petition sufficient to require an election is received within 30 days of December 10, '1991, the Clerk shall immediately transmit a certified copy of this Resolution, together with the applicable fees required by Government Code Section 54902.5 , to the Executive Officer of LAFCO. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BATCHELOR.Clerk of the Board of Supervisors and County Administrator By Deputy i; w r Orig. Dept.: Public Works (Admin.) cc: County Admin.Office County Assess, is Office County Auditor/Controller Community Development County Counsel Health Department LAFCO PW - Engineering Services Advisory Board: No. 15 Oakley Sanitary District MFK:Iv a:BOlsdi5.ti2 RESOLUTION NO. 91/807 Local Agency Formation Commission Contra Costa County, California Approved Description Date: 11-20-91 By: Ivan Broce (L.A.F.C. 91-37) FORMATION OF COUNTY SERVICE AREA M-28 AND CREATION OF COTERMINOUS SPHERE OF INFLUENCE EXHIBIT A All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder of Contra Costa County, State of California. Portion of the west one=half of the northeast one-quarter of Section 10, Township 2 North, Range 3 East, Mount Diablo Meridian, Contra Costa County, State of California, described as follows: Commencing at the southwest corner of Lot 95 as shown on the subdivision map of Irvine-Bloomfield Subdivision Unit No. 2, filed August 8, 1947, in Book 33 of Maps at page 37, records of Contra Costa County; thence along the 'southerly prolongation of the westerly line of said Lot 95, South 00032100" West 66.54 feet to a point on the southeasterly line of Willow Road, the point of beginning; thence from said point of beginning along the southerly, westerly and southwesterly line of said Willow Road the following courses: North 64055100" East, 285.87 feet; North 59004'00" East, 284.41 feet; South 51029'00 East, 127.69 feet; South 17002'00" East, 274.32 feet; South 15051 '00" West, 362.47 feet; South 10054'00" East, 367.33 feet; South 48001 '00" East, 536.20 feet, and South 84018'00" East, 104.77 feet to the west line of the 9.896-acre parcel of land described in the deed from George E. Irvine, et al , to Albert W. Gray, et ux, dated November 5, 1958, recorded .March 10, 1949, in Volume 1361 of Official Records at page 126, records of said County; thence South 21034'00" West, along said west line 191.69 feet to the north line of the 442.44-acre parcel of land described in the deed from George E. Irvine, et al , to Arthur H. Honegger, et ux, dated February 23, 1949, recorded April 20, 1949, in Volume 1376 of Official Records at page 67, records of said County; thence North 89040'00" West along said north line, 1098.32 feet to the east line of the 165.01-acre parcel of land described in the deed from W. J. Hotchkiss, et ux, to Stephen Clesaves, et al , dated April 2, 1919, recorded April 12, 1919, in Volume 333 of deeds at page 301, records PAGE 2 (L.A.F.C. ) of said County; thence North 00032'00" East along said east line, 1324.81 feet to the point of beginning. Containing an area of 25.422 acres of land, more or less. 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