The URL can be used to link to this page

Home My WebLink About03-051~~~`~ SUP, „+'•~, ~~: ~~ :° k: _~ i r s' ~~ i I~ l +._ „.,.___t _~ Resolution No. o3-osi RESOLUTION DIRECTING COMMENCEMENT OF A BALLOT PROCEEDING TO IMPOSE INCREASED SERVICE CHARGES IN SPECIFIED COUNTY SERVICE AREAS FOR FISCAL YEAR 2003-2004 AND FUTURE FISCAL YEARS WHEREAS, on January 28, 2003, the Board of Supervisors adopted Resolution 03-019 entitled "RESOLUTION DIRECTING COMMENCEMEN?T OF PROCEDURES TO IMPOSE AN INCREASED ANNUAL SERVICE CHARGE IN COUNTY SERVICE AREA #135 ZONE 2, KEEFER CREEK ESTATES, ZONE 2 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 2003-2004 and future fiscal years in accordance with the procedures specified in Government Code Section 25210.77x, 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. NOW, THEREFORE, 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 propet~ty owners within any of the County Service Areas involved in this hearing. Therefore, there are no County Service Areas 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 those County Service Areas set forth in Exhibit B attached hereto. Therefore, in accordance with Article XIII D, Section 6, of the California Constitution, such new andtor increased service charges are hereby established for fiscal year 2003-2004 and future fiscal years, subject to approval by a majority vote of the owners of the property within each such County Service Area. 3. The Clerk of the Board 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 fallowing procedures and requirements: a} The ballot proceeding as to each County Service Area shall be conducted on June 9, 2003, which is a date more than 45 days after the public hearing. b) The ballot proceedings shall be conducted separately, but, to the extent feasible, the procedures for the ballot proceedings maybe consolidated. c) The Auditor-Controller shall provide the Clerk with a eertihed copy of those portions of the current tax roll relating to the properties which would be subject to the charges. d) Not less than forty-five (45) 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 each 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) One vote maybe cast 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) The 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) Each ballot shall be returned to the Clerk of the Board in a sealed envelope. The ballot may be mailed or personally delivered but must be received not later than 5 p.m. on June ~, 2003. A ballot postmarked prior to but not received. by 5 p.m. on that day will not be counted. 1) The Clerk of the Board tray process the ballots upon receipt but shall not release any vote-count information until after 5 p.m. on June 9, 2003. m) Tl~~e Clerk of the Board shall certify the ballot proceeding results to the Board of Supervisors within 30 days after June 9, 2003, and shall request the Board of Supervisors to accept the results. 2 n) The Clerk of the Board shall retain the ballots for six (6) months after the ballot proceeding. 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 each respective 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 2003-2004 and future tax bills. Provided, however, that if the final budget adopted for any 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 that CSA, and the maximum permissible charge per parcel of real property per year in that CSA will remain the amount of the "Existing Charge" therein set forth in lvxhibit B. 3 4. It is fowld that each of the fees which this Resolution establishes, ar establishes subject to approval by the property owners in a ballot proceeding: do not exceed the cost of the services to be provided in each of the respective County Service Areas; are to be used only for the purpose of providing the extended services in each of the respective County Service Areas; 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 California, this 25`x' day of March 2003, by the following vote: AYES: Supervisors Dolan, Houx, Josiassen, Yama~,uchi and Chair Beeler NOES: None ABSENT: None NOT VOTING None ., - ~ ~ ~. ;' ~ r~ t ~~ ~`~ R. J, Beeler, Chair, Butte County Board. of Supervisors ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board of Supervisors By: --f ' ,r~ ~ ~ ' ~~x ~~,~ ~ . ~- 4 EXHIBIT A COUNTY OF BUTTE -COUNTY SERVICE AREA INCREASED SERVICE CHARGES NOT CSTABLISH>/D DUE TO MAJORITY PROTEST CSA# CSA Name Existing Char a Increase Established Total Char e i EXHIBIT B COUNTY OF BUTTE -COUNTY SERVICE AREA INCREASED SERVICE CHARGES h:STABLISHED SUBJECT TO APPROVAL BY BALLOT PROCEEDING CSA# CSA Name Existing Increase Total Char a Established Char e 13S Keefer Creek Estates, Zone 2 210.78 109.22 320.00 lone 2