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•~.!~'i-~±,~„~t,.~ Rc~solufion No. of-lie
RESOLUTION ESTABLISHING MAXIMUI~1 SERVICE CHARGES
IN COUNTY SERVICE AREA NO. 176
PHEASANT LANDING ESTATES, UNIT NO. 3
WHEREAS, pursuant to Chapter 2.2, Part 2, Division 2, Title 3 of the Government Code
of the State of California, commencing with Section 25210.1, the Butte County Board of
Supervisors has petitioned to the Local Agency Formation Commission for the formation of
County Service Area No. 176 (Pheasant Landing Cstates, Unit No. 3); and
WHEREAS, on the 4`~' day of October 2001, the Local Agency Formation Commission
passed and adopted Resolution No. l2 - 2001/02 making determinations, approving and forming
Cow~ty Service Area No. T76; and
V4'HEREAS, the Local Agency T~'ormation Commission has certified that it has
independently reviewed, analyzed, and considered the Negative Declaration with mitigation
measw~es prior to making its decision on the project, and the Negative Declaration with
mitigation rrleasures reflects the independent judgment of the Local Agency Formation
Commission; and
NOW, THI?REFORE, BE IT RESOI_.VED BY THE BOARD OF
SUPERV[SORS OF THE COUNTY Oh BUTTE, STATE OF CALIFORNIA, as follows:
1. The Butte County Board of Supervisors conducted a Property Owner Ballot Proceeding
and Public Dearing regarding the establishment of service charges to be collected for the services
to be provided by this County Service Area on August 14, 2001. At that time they confirmed
there was no majority protest, determined that the ballot cast was a majority in favor of
establishing the proposed maximum service charges set forth therein and noted that the
Resolution language confirming said charges would be contained in this Resolution.
2. In accordance with the provisions of Government Code Section 25210.77a and Butte
County Code Sections 21.85 through 21.90, aper-parcel service charge shall be levied against all
the parcels within County Service Area Number 176 (Pheasant Landing Estates, Unit No. 3).
The initial charge for FY 2001/2002 in the amount of X7,288.00 and for subseduent years a
maximum annual service charge of 5242.94 per parcel of real property is adopted by the Board
of Supervisors. Each parcel shall be assessed an individual service charge based upon benefit.
Said charge shall appear as a separate item on the tax bill and shall be collected at the same time
and in the same manner as ordinary County ad valorem taxes are collected and shall be subject to
the same penalties and same procedure and sale in the case of delinquency as provided for such
taxes. All laws applicable to the levy, collection and enforcement of County ad valorem taxes
shall be applicable to such charge, except that if real property to which such charge relates has
been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide
encumbrancer for value has been created and attached thereon, prior to the date an which the
first installment of said taxes would become delinquent, then the charge confirmed sha]1 not
result in a lien against said real property but instead shall be transferred to the unsecured roll for
collection.
3. As to those increased charges which are approved, the Board directs the Auditor to place
the charges on the Fiscal Year 2002-2003 and subsequent tax bills. Provided, however, that if
the final budget adopted for the County Service Area is less than the proposed budget upon
which the charges were based or the fund carryover is greater, then the Auditor is directed to
make a corresponding reduction in the service charges to be placed on the tax bills.
4. It is found that each of the fees imposed by this Resolution: do not exceed the cost of the
services to be provided in the County Service Area; are to be used only for the purpose of
providing the extended services in County Service Area 176; do not exceed the proportional cost
of the extended services to be provided to each affected parcel of real property; and are for
extended services which are used by or immediately available to the owner of each such affected
parcel of real property.
5. The Clerk of the I3oard is authorised and directed to file a certified copy of the
Resolution with the Executive Officer of the Local Agency Formation Commission.
PASSED AND AllOPTEU by the Board of Supervisors of the County of Butte, State of
California, on the 9`~' day of October 2001, by the following vote:
AYES: Supervisors
NOES: None
ABSENT: None
ABSTAINS: None
Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen
~-
eURT~JOSIASSEN, Chair of the
Butte~County Board of Supervisors
ATTEST:
Chief Administrative Officer
and Clerk of the Board of Supervisors
Fay: t 1, i .i
Deputy
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