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HomeMy WebLinkAboutRES 2002-26 - Board , .. RUCKEE i DistrictPublic Utility Resolution No. 2002 = 26 REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF THE GLENSHIRE MUTUAL WATER COMPANY SERVICE AREA RESOLVED, by the Board of Directors of the Truckee Donner Public Utility District, that WHEREAS, the Truckee Donner Public Utility District desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for the annexation of the Glenshire Mutual Water Company service area into the District's service area; and WHEREAS, notice of the intent to adopt this resolution of application has been given to each interested and subject agency; and WHEREAS, the territory proposed to be annexed is inhabited, and a description of the boundaries of the territory is set forth in Exhibit A attached hereto and by this reference incorporated herein; and WHEREAS, this proposal is consistent with the sphere of influence of the District; and WHEREAS, the reasons for the proposed annexation are as follows: 1. The Glenshire Mutual Water Company requested the transfer of the water system to the District because of high arsenic level's in the Company's wells and their insufficient capacity to meet anticipated future needs. 2. The District and the Glenshire Mutual Water Company executed an "AGREEMENT FOR ACQUISITION OF THE GLENSHIRE WATER SYSTEM BY THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT" dated January 9, 2002, whereby the ownership and operation of the water system was transferred to the District. 3. The District is currently providing water service to the subject territory pursuant to an Out of Agency Service Extension approved by LAFCo under Resolution 02-01, dated January 25, 2002, pending annexation of the said area. WHEREAS, this Board of Directors certifies that pursuant to the California Environmental Quality Act, the District adopted a Negative Declaration for the Glenshire Water System Acquisition and Improvements on November 7, 2001, finding that the project will not have a significant effect on the environment; and WHEREAS, this Board of Directors certifies that, pursuant to Section 99(b) of the Tax and Revenue Code, because the District does not collect any tax revenues, this proposal will not involve the implementation of the Nevada County master tax formula; and A WHEREAS, this Board of Directors certifies that, pursuant to Section 56663 (d) of the Government Code, the District, as the only agency that will gain or lose territory as a result of this annexation, consents to a waiver of the final protest proceedings providing no written objection from voters or land owners within the subject territory are received prior to the conclusion of the Nevada LAFCo Commission hearing. NOW, THEREFORE, this Resolution of Application is hereby adopted and approved by the Board of Directors of the Truckee Donner Public Utility District, and the Local Agency Formation Commission of Nevada County is hereby requested to take proceedings for the annexation of the Glenshire water system service territory as described in Exhibit A, according to the terms and conditions stated above and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. PASSED, APPROVED AND ADOPTED by the Board of Directors at a regular meeting duly called and held within the District on the seventh day of August 2002 by the following roll call vote: AYES: Aguera, Hemig, Maass, Sutton and Van Gundy NOES: None ABSTAIN: None TRUCKEE DONNE PUBLIC UTILITY DISTRICT Byo� �Nelson Van G ndy, Pre4et ATTEST: ��,,t Peter L. Holzmeister, Clerk of the Board a