HomeMy WebLinkAboutRESOLUTIONS - 12101991 - 91-804 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-BETHEL 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, pursuantjto LAFCO Resolution No. 91-37-A, the Board of Supervisors has
been designated as !"conducting authority with respect to the reorganization under
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
q
San. Dist. 15
December 10, 1991
Page Two
NOW, THEREFORE,the Board of Supervisors of Contra Costa County, California, hereby
FINDS, DETERMINES1 RESOLVES and ORDERS as follows:
1. This Resolutionand 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) and LAFCO Resolution
No. 91-37-A.
2. The actions ordered hereby will result in the annexation of all territory presently
within District 15 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.
3. The boundaries of the territories affected by the reorganization, that is OSD and
District 15, are" 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 power's 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.
6. The District 15-territory 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 the 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,',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 No' 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 District 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, 1991, 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.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisprs on the date shown.
ATTESTED: /I I/
PHIL BATCHELOR,Clerk 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:ly
a:BO\sd15.t12
RESOLUTION NO.91/804