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Home My WebLink About02-122P~~A~~ t)~ ~~~PE~~~ z ~~' C01~NTY C1F ~3UTTE, STATE ~~'. C,~l, ~ ~; Y T Resolution No. oz-izz RESOLUTION MAKING AFPLICATION TO THE BU'I"I'I~ LOCAL AGENCY FORMATION C01~9~1ISS[ON REGARDING A PROPOSAL TO ESTABLISH A COUNTY SERVICE AREA FOR STORM DRAIN MAINTENANCE, FIRE PROTECTION AND STREET LIGHTING SERVICES AND DIRECTING COMMENCEMENT OF PROCEDURES TO IMPOSE NEW SERVICE CHARGES IN THE PROPOSED COUNTY SERVICE AREA AND SETTING A PUBLIC HEARING TO CONSIDER LEVYING SUCH CHARGES FOR FISCAL YEAR 2002/2003 AND FUTURE YEARS WHEREAS, the subdivider of Twin Palms Subdivision (curre-7tly o-1e lot proposed twenty four lots} has proposed and consented to the formation of a County Service Area ("CSA") to comply with the requirements of the Twin Palms Tentative Subdivision Map approved by the Butte County Advisory Agency, on October 18, 199f~, to provide necessary services to the subdivision incompliance with the conditions of approval of the subdivision map; and ~VHERGAS, the Board of Supervisors of the County of Butte intends to consider establishment of said CSA; and WHEREAS, the pLUpose of said new CSA will be to provide storm drain maintenance, ire protection and street lighting; and WHEREAS, no proceeding for the establishment of such CSA shall be instituted by this Board or requested by its members until approval of the Butte Local Agency Forn~ation Commission ("LAFCo") is first obtained, except as otherwise provided herein; and WHEREAS, it is the intention of the County of Butte to establish the CSA if approved by LAFCo and if service charges can be established in an adequate amount to provide the contemplated services; and WHEREAS, the proposed CSA will not receive any property tax revenue, but Government Code Section 252 i 0.77a contains authority for the County of Butte to establish and collect service charges for extended services provided through a County Service Area or zone; and WHEREAS, the Board of Supervisors did, by ordinance adopt Butte County Code Section 21-85 et seq., establishing a procedure for annually levying and collecting such charges on the tax roll; and WHEREAS, Article XIII D, Section 6 of the California Constitution, as adopted by passage of Proposition 218 on November 5, 1996, established procedures for levying new charges; and WHEREAS, a written report identifying each parcel ofreal property receiving a particular extended service, and the amount of the new charge for each parcel far fiscal year 2002/2003 and future years, has been filed with the Clerk of the Board of Supervisors and resides in the Property Tax Section of the Auditor's Office; and WHEREAS, with respect to the Twin Palms Subdivision the propertyto be included in the CSA in question is shown on the current tax roll as one parcel, but a subdivision map will be recorded which will result in this parcel being divided into multiple parcels on future tax rolls; and WHEREAS, the Board pursuant to Resolution #02-072, noticed and held a public hearing to consider levying such new service charges for fiscal year 2002/2003 on the parcels shown on the current tax roll and on each of the multiple parcels shown on future tax rolls, in accordance with the procedures specified in Article XIII D, Section 6, of the California Constitution, and as set forth in Exhibits A and B for Twin Palms Subdivision, attached hereto NOS', THEREFORE, BE IT RESOLVED, by the Board of Supervisors as follows: That application and proposal are hereby made to the Local Agency Formation Commission in accordance with the Cortese-Knox Local Government Reorganization Act of 1985, as set forth in Division 3, Title 5 of the California Government Code, commencing with Section Sb000, for establishment of a County Service Area ("CSA") with a sphere of influence co-terminus with its boundaries. Page 2 of 4 2. That the exterior boundaries of the proposed CSA and its sphere of influence are described in Exhibit "C" Twin Palms Subdivision attached hereto and made a part hereof by this reference. 3. That establishment of said CSA is proposed under the County Service Area Law (Chapter 2.2, Part 2, Division 2, Title 3 of the Government Code, commencing with Section 25210.1). 4. That the type of extended services proposed to be provided are storm drain maintenance, fire protection and street lighting. 5. That a public hearing and ballot proceeding was held on June 25, 2002, at 10:40 a.m. pursuant to AI-ticle 7 of Chapter 2.2 of Part 1 of Division 2 of Title 3 of the Government Code (commencing with Section 25210.70) and Article VI of Chapter 2l of the Butte County Code (commencing with Section 21-85) to hear and consider all objections or protests, if any, and to adopt, revise, change, reduce or modify any charge as described in the report and thereafter, and by resolution, did confirm the report and Levy the charges, in an amount not exceeding the amowlts set forth in Exhibit A for fiscal year 200212003 and set forth in Exhibit B for future fiscal years for the Twin Palms Subdivision. 6. That LAFCo approval of the formation of the CSA and the formation of the CSA shall be subject to the condition set forth below, and the Certificate of Completion shall not be recorded until such condition has been fulfilled: a. The following fees have been paid: $15,724 initial deposiC for 1~ Y 2002/2003 for the Twin Palms Subdivision. Page 3 of 4 7. That the Clerk of the Board is authorized and directed to file a certified copy of this Resolution with the Executive Officer of the Butte County Local Agency Formation Commission. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 9~~' day of July, 2002 by the following vote: AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair .losiassen NOL;S: None ASSENT: None NO"T VQTING: None _.~ =-- Curt Jo~iassen, Chair, Butte County Beard'"of Supen~isors ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors ,~-~---- $~: Page 4 of 4 EXHIBIT A CSA-Twin Palms Subdivision {1 PARCEL) PROPOSED BUDGET FOR FY 2002/2003 Budget Code Description Charge 530 Maintenace of equipment Fire protection system pump 1100 544 Utilities-Street lighting 9- 100W LS1 E $ 2,087 Fire protection system pump $ 500 554 Interfund Services-Auditor $ 118 554.03 Interfund Services-Road Fund Storm Drainage Maintenance $ 750 554.181 Interfund Services-General Services Administration Expense-Public Works $ 125 580 Appropriation for Contingencies Storm Drain Trench replacement (15 yrs} $9,772 Fire protection system pump replacement (10 -year) $6,500 Pump + $3,600 Hydrandt + Inflation $ 1,272 Total $ 15,724 Per Parcel Charge $15,72411 = $ 15,724 EXHIBIT B GSA-Twin Palms Subdivision (24 PARCELS) PROPOSED BUDGET FOR FUTURE FY Budget Code Description Charge 530 Maintenace of equipment Fire protection system pump 1100 544 Utilities-Street lighting 9- 100W LS1 E $ 2,087 Fire protection system pump $ 500 554 Interfund Services-Auditor $ 118 554.03 Interfund Services-Road Fund Storm Drainage Maintenance $ 750 554.181 Interfund Services-General Services Administration Expense-Public Works $ 125 580 Appropriation for Contingencies Storm Drain Trench replacement (15 yrs) $9,772 Fire protection system pump replacement (10 -year) $6,500 Pump + $3,600 Hydrandt + Inflation $ 1,272 Total $ 15,724 Per Parcel Charge $15,724!24 = $ 655 EXHIBIT C TWIN PALMS SUBDIVISION LAFCO EXHIBIT 3 COUNTY SERVICE AREA DISTRICT FORMATION TWIN PALMS SUBDIVISION APN: 040-640-011 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE REMAINING LANDS OF OWNER, PHASE II, SHOWN ON THAT MAP ENTITLED, "CHAMBERS SUBDIVISION #2," PHASE 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF BUTTE COUNTY, CALIFORNIA, ON AUGUST 4, 1.999, IN BOOK 147, OF MAPS, AT PAGE(5) 86, 87, AND 88, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BUTTE COUNTY MONI.,TMENT AT THE INTERSECTIONS OF THE CENTERLINES OF LAGUNA COURT AND ENTLER AVENUE; THENCE SOU`I'I-I 56°43'07" WEST ALONG THE CENTER LINE OF ENTLER AVENUE A DISTANCE OF 462.83 FEET; THENCE NORTH 28°2I'S3" WEST A DISTANCE OF 25.09 FEET TO A 3i4" OPEN IRON PIPE EKING THE MOST SOUTHERLY CORNER OF SAID PARCEL, SAID POINT BEING ALSO A POINT ON THE NORTH WESTER_L,Y RIGHT OF WAY LINE OF ENTLER AVENUE AND THE TRUE POINT OF BEGINNING; CONTINUING ALONG TIC SAID BEARING A DISTANCE OF 1381.60 FEE"I' TO THE MOST WESTERLY CORNER OF SAID PARCEL TO A POINT LYING ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SPEEDWAY AVENUE; THENCE NORTH 67°05'33" EAST ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SPEEDWAY A DISTANCE OF 142.48 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SOUTHERN PACIFIC RAIL ROAD; TIIENCE SOUTH 75°29'53" EAST ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAIL ROAD A DISTANCE OF 1823.98' TO THE MOST EASTERLY CORNER OF SAID PARCEL BEING ALSO A POINT ON'IT-IE NORTHWESTERLY RIGHT OF WAY LINE OF ENTLER AVENUE; THENCE SOUTH 56°43'07" ~t+'ES'T ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 872.47 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE ALONG NORTH 33° 16'53" WEST A DISTANCE OF 227.16 FEET; LAFCO EXHIBIT 3 PAGE 1 OF 2 TI-IENCF, SOUTH 56°43'07" A DISTANCE OF 227.58 FEET; THENCE SOUTH 33°16'53" EAST A DISTANCE OF 202.16 FEET TO THE BEGINNING OF A 20 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 31.42', THROUGH WHICH POINT A RADIAL LINE BEARS NORTH 33°16'53" WEST; THENCE SOUTH 33°16'53" EA5T A DISTANCE OF 5.00 FEET TO SAID NORTH WESTERLY RIGHT OF WAY LINE OF ENTLER AVENUE; CONTINUING ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE OF ENTLER AVENUE SOUTH 56°43'07" WEST A DISTANCE OF 404.1 I' TO THE POINT OF BEGINNING, AND CONTAINING 24.08 ACRES, MORE OR LESS. Q~~F~sS,~~J ~~~O R~ 1. F~. "Ql F'y `%~ ~ F~ ~ W ~' tr . . ~~3c'~ CIVlL ~`~ v~ CAl1F0~~ BY: __~ _ CHECKED: APPROVED: DATE: LAFCO EXHIBIT 3 PAGE 2 OF 2 ,;1 ~ , ~ ~ ' I h . ~`'4 tv LAFCO EXHIBIT 2 ,,~ ~~ , ~ '~~~~; --~='; ;; i (;i (k~ \. SCALE: 1 "=400' ,,r~ ~' ,~' >>~'^„~ s, - -, LOCATION MAP ~' ~'~~ `' ~' ~ NO SCALE `~~ yy-'' ~.' ~.. .'~.. ~_ ~' ,~ ~' '~ ~ P q o ,~ - N57.OS-3s'_ '~ +.,, ~.. ,~ ~ ~ ~ lac ~ S's. ~ ~.. r'9 S3.r ~. -,~~GH'T~ ~'~,. ~ ~ ~~ ~.. ~~ ~~ .` ~ ~" '~.. -- c 040-6i8-011 ;.~ ~' ~` 24.0E AC!€5 ~' . -A -:r ~ J C-_~~t ~JI yam' yam . N~ /5'~ ~E o iEi. ~E T~_ ~4 ~ T J ~ .a ~ \ Z~ _ ~, '~ ~ ?~i 1T i~~r ~~~~'~ / ~~ _.~~,Itq l.c~rt~ y _ ~ i ~~~ PG',a,T 2F _- _ ~~ ~ ~„ - -~- , .. ~ ~ -:~. ~,`. ~,~' N~?7; COUNTY SERVICE AREA DISTRICT FORMATION TWIN PAIIMS SUBDIVISION AREA 24.08 ACRES ~EGEt~-- BOUNDARY LINE ASSESSOR'S PARCEL. NUMBER way :.~, m, ~ ~~a; ,., [wa-e4o-ct~ REIiAINING LAND OF Ol-NER PHASE II CHI SUHDMSION #2, PHASE 1, FILED IN THE OFFICE OF THE RECORDER OF THE /' COUNTY OF HUTPE, CALIFORNIA, i IN HOOK 147 OF YAPS, PAGES 88, 87 AND 88 APN: 040-640-011 acs. >nz. ]zoos CITY OF CHICO COUNTY OF BUTTE STATE OF CAI.IF'ORNIA r~rco s~rr s e~,aiori