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Home My WebLink About02-1181 ~ . ~ + x' ~y h~ ,; F 3"{ R~s~'r~~ .. ~ n~. C rµ.i, ~ ~ ~ ~..` J ~ ;i ~~ a'~.,'~_µ ~ ~ ''II y1~!' .Y SL fir" .rte, . i `. ~~ s '~ „~. ,~ ~~ 3~rs ~ ~`d _ ~.,,_ r ~. ~~~~ .r- , Resolution No. oz-Il$ RESOLUTION ESTABLISHING INCREASED SERVICE CHARGES IN SPECIFIED COUNTY SERVICE AREAS FOR FISCAL YEAR 2002-2003 AND FUTURE FISCAL YEARS WIIL-'REAS, on May 7, 2002, the Board of Supervisors adopted Resolution 02-071 entitled "RESOLUTION DIRECTING COMMENCEMENT OF PROCEDURES TO IMPOSE INCREASED ANNUAL SERVICE CIIARGES IN COUNTY SERVICE AREAS #135 ZONE I AND SETTING PUBLIC HEARING TO CONSIDER SUCH CHARGE"; and WHEREAS, notice having been duly given and a public hearing having been held to consider establishing such increased service charges for fiscal year 2002-2003 and future fiscal years in accordance with the procedures specified in Government Code Section 25210.7~a, Butte County Code Section 21-85 et seq., and Article XIII D, Section 6, of the California Constitution, and to consider protests filed against such increased service charges. IOW, TI{EREFORE, BE IT RESOLVED, 1. It is hereby found that written protests against the proposed increased service charges have not been presented by a majority of the property owners within the County Service Area involved in this hearing. Therefore, there is no County Service Area to List on Exhibit A attached hereto. 2. It is found that written protests against the proposed increased service charges have not been presented by a majority of the property owners within this County Service Area set forth in Exhibit B attached hereto. Therefore, in accordance with Article XIII D, Section 6, of the California Constitution, such new and/or increased service charges are hereby established for fiscal year 2002-2003 and future fiscal years, subject to approval by a majority vote of the owners of the property within such County Service Area. 3. The Clerk-RecorderlRegistrar of Voters of the County of Butte ("Clerk"), with the assistance of the Public Works Department, Auditor-Controller and the Assessor, is directed to conduct the ballot proceeding required by paragraph 2 above in substantial compliance with the following procedures and requirements: a) The ballot proceeding as to this County Service Area shall be conducted on August 12, 2002, which is a date more than 45 days after the public hearing. DaCSA Aaount,~.C'Sn 11j Zonc I lAgcnda t!? -for G-?5-112 Rcsolw ion ;t?- E.~ahli>hing incrca>c Scn~icc Chnrgc5 for CSA 135 Zonc Ldoc b) 1`he ballot proceeding shall be conducted separately. c) The Auditor-Controller shall provide the Clerk with a certified copy of those portions of the current tax roll relating to the properties which would be subject to the charges. d) Not less than fifteen (15) days prior to the ballot proceedings the Clerk shall mail ballot proceeding materials to the legal owner of each parcel of real property subject to the charges within this County Service Area, as their names and addresses appear on the said tax roll. e) The ballot proceeding materials mailed to each owner shall identify the County Service Area (and zone, if any) and shall include information regarding the purpose of the ballot proceeding, a ballot, and an addressed return envelope with postage pre- paid. f) Qne vote may be east as to each parcel of real property. g) The person entitled to exercise the vote shall be the owner of the property as identified on the current tax roll. h) 1'he owner of the property, or the authorized representative of the owner, may exercise the vote. i) Where there are multiple legal owners, only one of them may exercise the vote on behalf of the property. j) The person exercising the vote shall sign a declaration on the ballot, under penalty of perjury, stating that he or she is entitled to vote because he or she is a legal owner of the property, is authorized by the legal owner{s), or is a tenant who will be directly liable to pay the charge. k) L;ach ballot shall be returned to the Butte County Elections Department in a sealed envelope. The ballot may be mailed or personally delivered but must be received not later than 5 p.m. on August 12, 2002. A ballot postmarked prior to but not received by 5 p.m. on that day will not be counted. l) The Clerk-RecorderlRegistrar of Voters may process the ballots upon receipt but shall not release any vote-count information until after 5 p.m. on August 12, 2002. m) The Clerk-RecorderlRegistrar of Voters shall certify the ballot proceeding results to the Board of Supervisors within 30 days after August 12, 2002, and shall request the Board of Supervisors to accept the results. n) 'The Clerk-Recorder/Registrar of Voters shall retain the ballots for six (6) months after the ballot proceeding. 2 D:ACSA AccountsCSA 13? Zunc 1 +Agenda #2 -for 6-25-0: Rcsoluuon d2- Establishing Incmasc Service Charges Ior CSA 135 Zone Ldoc o) Upon acceptance of the ballot proceeding results by the Board of Supervisors, the new and/or increased charges, if approved by a majority vote of the affected property owners submitting ballots, will be established, and the maximum permissible charge per parcel of real property per year will be the "Total Charge" amount set forth for this CSA on Exhibit B attached hereto. p} If any new and/or increased charge is established, the Board may at a future time direct the Auditor to place the "Total Charge" on the 2002-2003 and future tax bills. Provided, however, that if the final budget adopted for this affected County Service Area is less than the proposed budget upon which the "Total Charge" amount was based, then the Auditor will be directed to make a corresponding reduction in the service charge to be placed on the tax bills. q) If any new and/or increased charge is not approved by a majority vote of the affected property owners submitting ballots, such charge shall not be established in this CSA, and the maximum permissible charge per parcel of real property per year in this CSA will remain the amount of the "Existing Charge" therein set forth in Exhibit B. 3 D:lCSA Accounts('S.4 I ±5 Zone 1 vigcnda 52 - firz 6-?5-02 Rctiolution N2- Fsinbllshing Incrcasc Scrvicc Charges for CSA 135 'Lone l .doe 4. It is found that each fee which this Resolution establishes, or establishes subject to approval by the property owners in a ballot proceeding; do not exceed the cost of the services to be provided in this County Service Area; are to be used only for the purpose of providing the extended services in this County Service Area; 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. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of Califon~ia, this 25`x' day of June 2002, by the following vote: AYF,S: Supervisors Beeler, Dolan, fIoux, Yamaguchi and Chair Josiassen NOES: None AI3S1N"h: None NO"1' VOTING: None ____ -- `hurt osiassen, Chair, -Butte County Board of Supervisors ATTEST: PAUL MCIN"TOSH Chief Administrative Officer and Clerk of the Board ~ Supervisors i 4 p 1CSrt Accounla:<'tiA I ?> Zune I Agenda fl2 - Cor 6-25-02 Resolution .12- Establishing Increase Service Charges Ibr CSA 13S Zone l.doc EXHIBIT A COUNTY OF BUTTE -COUNTY SERVICE AREA INCREASED SERVICE CHARGES NOT ESTABLISHED DUE TO MAJORITY PROTEST CSA# CSA Name Existing Char a Increase Established Total Char e D:ACSA AccounttiVCSA 13? Zone I!Ag~~ndu tr2 - liv 6-?5-02 ResnlW ion tit- Fstabliehing Inacasc Scrvicc Chargcti Ibr CSA 135 7_onc l.doc EXHIBIT B COUNTY OF BUTTE -COUNTY SERVICE AREA INCREASED SERVICE CHARGES ESTABLISHED SUBJECT TO APPROVAL BY BALLOT PROCEEDING CSA# CSA Name Existing Char a Increase Established Total Char e 135 Zone 1 Keefer Creek Estates Zone I b7.74 522Q 119.94 D:ACSA AccountsVCSA 13i Zone. 11Ax;enda i2 - Ibr b-25-U2 R~oluuo~~ ~,"- Establishing Increase Service CYiargcc Ior CS.A 135 Lone Ldoc