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HomeMy WebLinkAbout02-119• fl.. ~~~ .r Y3 ~~ : ~~ ~wI G,,~ ~:' ~ 1*' s. ` ~ n ~' s j~ 4'z" T ~~ f :r f ~ - 9 '.' 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 j~j De ut Page 2 of 2