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'.' CtJUNTIf t~ -. UT7`E, STATE Of C~-L,~~@~A
Resolution No. o~-ii9
RESOLUTION ESTABLISHING SERVICE CHARGES FOR PROPOSED
COUNTY SERVICE AREA FOR TWIN PALMS SUBDIVISION,
AND A PROPOSED COUNTY SERVICE AREA FOR
SPEEDWAY AND CHAMBERS SUBDIVISIONS
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. 178 (lone A-Twin Palms Subdivision, Zone B-Speedway and
Chambers Subdivisions); and
WHEREAS, the type of extended services to be provided are maintenance of storm drain
facilities, fire protection and street fighting for the conditionally approved 24-lot Twin Palrn
Subdivision and the existing Speedway and Chambers Subdivisions; and
WHEREAS, the Butte County I~oard of Supervisors conducted a Property Owner Ballot
Proceeding and Public Hearing regarding the establishment of service charges to be collected for
the services to be provided by a County Service Area on June 25, 2002. At that time they
confirmed there was no majority protest, determined that the ballots cast were a majority in favor
of establishing the proposed maximum service charges set forth therein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AS FOLLOWS:
1. Subject to approval of the formation of said County Service Areas} by LAFCo, in
accordance with the provisions of Government Code Section 25210.~7a and Butte County Code
Sections 21.85 through 21.90, aper-parcel service charge shall be levied against all the parcels
within a County Service Area or County Service Areas serving these Subdivisions. The initial
charge within proposed Twin Palms Subdivision, for FY 200212003 in the amount of $15,724
and for subsequent years a maximum annual service charge of $f 55.00 per parcel of real
property is adopted by the Board of Supervisors. The maximum annual service charge within
existing Speedway and Chambers Subdivisions, for FY 2002/2003 and for subsequent years of
$330.00 per parcel of real property is adopted by the Board of Supervisors. Each parcel within
each zone 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 are collected
and shall be subject to the same penalties and the same procedure and sale in the case of
delinquency as provided for such taxes. A11 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 on which the first installment of said taxes would become delinquent,
then the charge confirmed shall not result in a lien against said real property but instead shall be
transferred to the unsecured roll for collection.
2. As to those increased charges, which are approved, the Board directs the Auditor to place
the charges on the Fiscal Vear 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.
3. 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; 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.
4. Said County Service Areas are formed for all purposes subject only to compliance with
the Requirements of Chapter 8 (commencing with Section 54900), Part I, Division II, Title V of
the Government Code and subject to the provisions of Article 2.5 (commencing with Section
25210.21), Chapter 2.2, Part II, Division II, Title III of the Government Code of the State of
California.
S. The Clerk of the Board is authorized and directed to file a certified copy of the
Resolution with the Executive Officer of the Local Agency Formation Commission.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 25`x' day of June, 2002, by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
ABSTAINS: None
ATTEST:
!CUR JOSIASSEN, Chairman of the
B:r e County Board of Supervisors
PAUL Iti1cINTOSH, Chief Administrative Officer
and Clerk of the Board Supervisors
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