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HomeMy WebLinkAboutRESOLUTIONS - 12101991 - 91-805 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/Bog 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"); 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 "Sche',dule"); 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. 91/805 SD15/M-26 December 10, 1991 Page Two NOW, THEREFORE, the Board of Supervisors of Contra Costa County, California, hereby FINDS, DETERMINES�i RESOLVES and ORDERS as follows: 1. This Resolution land the actions authorized and directed hereby are taken pursuant to the provisio II s 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- 26," which willj,, 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 Cougty 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 I as authorized by Government Code Sections 25210.4(d) and 25120.4a(1)." 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." ,f 1c. 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. , +'j "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 tan,igible 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 allil outstanding bonds, including any revenue bonds, and all contracts and jobligations, relating to each Service Area's former Zone of District 15." RESOLUTION NO. 91/805 SD15/M-26 December 10, 1991 Page Three I "h. Any existing assessment or other improvement district formed for 11 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-1 and incorporated h,i rein by this reference. 4. The reason fore 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 of District 15. 5. The CSA will utilize the regular County assessment roll. 6. The territory ofi 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 ofjligations 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 25210.17. 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 ias 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 u SD15/M 26 December 10, 1991 Page Fouri t 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 Resl�olution No. 91/804. 13. If no petitionsufficient 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. i it I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisop on the d to shown. ATTESTED: /O, /9'9/ PHIL BATCHELOR,Cierk of the Board of Supervisors and County Administrator By ,Deputy Orig. Dept.: Public Works (Admin.) cc: County Admin[I Office County Assessor's Office County Auditor/Controller Community Development County Counsel Health Department LAFCO PW - Enginee ding Services Advisory Board No. 15 Oakley Sanita ary District MFK:ly a:BO\sd15.t12 f RESOLUTION NO.91/805 z i'