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Reso 0823-08/1988 RESOLUTION NO. 823 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT SUPPORTING THE NEED TO CHANGE LAFCO LEGISLATION WHEREAS, the FALLBROOK PUBLIC UTILITY DISTRICT filed a resolution of application with the LOCAL AGENCY FORMATION COMMISSION on December 18, 1986, proposing a reorganization for the incorporation of the City of Fallbrook; and WHEREAS, said applicant did not propose that the FALLBROOK SANITARY DISTRICT be reorganized as a subsidiary district of the City of Fallbrook; and WHEREREAS, the applicant did not intend to reorganize the FALLBROOK SANITARY DISTRICT; and WHEREAS, the LOCAL AGENCY FORMATION COMMISSION (LAFCO) decided on December 9, 1987 that the FALLBROOK SANITARY DISTRICT be made a subsidiary district of the incorporated city on July 1, 1989, contrary to the recommendations contained in the proponent's application for incorporation and contrary to the overwhelming public testimony against such an action; and WHEREAS, a decision to either change or dissolve an independent local public agency has serious economic, financial and service-delivery consequences; and WHEREAS, LAFCO made no effort to evaluate the economic, financial or service-delivery impacts prior to or as part of its proposed decision. NOW, THEREFORE BE IT RESOLVED THAT THE Board of Directors of the San Marcos County Water District does find as follows: SECTION I: It is in the best interest and welfare of the citizens that special districts continue as independent local public agencies committed to their _ purposes. The privilege and responsibility to change that decision rests rightfully and solely with the residents served or effected by those agencies. SECTION II. The LAFCO should not initiate a reorganization of any independent local public agency, nor so modify a reorganization proposed by a qualified applicant. SECTION III. The LAFCO should not modify or otherwise change a proposed reorganization to change in any way the effect that proposed reorganization would have on an independent local public agency. Resolution No. 823 Page Two SECTION IV. The legislature of the State of - California should clarify the Cortese-Knox Reorganization Act to underscore the legislature's original and on-going intent to prohibit LAFCO's from originating, initiating, changing or otherwise modifying an application or proposal for reorganization. PASSED, APPROVED AND ADOPTED by the Board of Directors of the San Marcos County Water District at a Regular Board Meeting held this 1st day of August, 1988, by the following roll call vote: AYES: DIRECTORS: Mahr, Mason, Rutherford, Fergus0n NOES: DIRECTORS: ABSTAIN: DIRECTORS: ABSENT: DIRECTORS: Newport Boar~~t~orsON, ~e~ident San Marcos County Water District ATTEST: WILLIAM W. RUCKER, Secretary Board of Directors San Marcos County Water District