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HomeMy WebLinkAbout03-125M. 4• ~'~ ~ a: ~: s ~- . E _~. ,_ ~rt ,,~; , _~~:< ~~* ~; ~'~ B~-AI~D F- SUP~~R~II~RS ~= ~*' COUNTY OF BUTTE, STATE OF CALIF~RIVIA '~ Resolution No. 03-125 RESOLUTION MAKING APPLICATION TO THE BUTTE LOCAL AGENCY FORMATION COMMISSION REGARDING A PROPOSAL TO ANNEX TO ESTABLISHED COUNTY SERVICE AREA 165 FOR STORM DRAIN MAINTENANCE, FIRE PROTECTION AND STREET LIGHTING SERVICES WHEREAS, the subdividers of Martin Subdivision have proposed and consented to annexation to County Service Area ("CSA") 165 to comply with the requirements of the Martin Tentative Subdivision Map approved by the Butte County Advisory Agency, on June 27, 2002, to provide necessary services to the subdivision in compliance with the conditions of approval of the subdivision map; and WHEREAS, the Board of Supervisors of the County of Butte on June 10, 2003 adopted Resolution 03-04 requesting LAFCo consider annexation of said property to said CSA 165; and WHEREAS, the purpose of said annexation to CSA 165 will be to provide storm drain maintenance, fire protection and street lighting services; and WHEREAS, the subdividers have further requested that the CSA powers for this property to be amlexed be expanded to include maintenance of the pedestrian and bicycle path in accordance with the conditions of approva} of said subdivision map; and WHEREAS, less than twelve (12) registered voters reside within the proposed new CSA; and WHEREAS, no proceeding for the annexation or expansion of powers to such CSA 165 shall be instituted by this Board or requested by its members until approval of the Butte Local Agency Formation Commission ("LAFCo") is first obtained, except as otherwise provided herein; and WHEREAS, it is the intention of the County of Butte to approve annexation to and expansion of Page 1 of 3 powers of said CSA 165 if approved by LAFCo and subject to the existing maximum service charges established in the amount of $7,482.00 to provide the contemplated services; and WHEREAS, the annexed CSA will not receive any property tax revenue, but Government Code Section 25210.7~a contains authority for the County of Butte to establish and collect service charges for extended services provided through said County Service Area 165 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, 19)6, established procedures for levying new charges; and WHEREAS, a written report identifying each parcel of real property receiving a particular extended service, and the amount of the charge for each parcel for fiscal year 2003/2004 and future years, has been filed with the Clerk of the Board of Supentisors and resides in the Property Tax Section of the Auditor's Office; and. WHEREAS, the property to be annexed to CSA 165 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 NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors as fallotivs: That an application and a 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 56000, for annexation to County Service Area ("CSA") 165 with a sphere of influence co-terminus with its boundaries and expansion of powers to include maintenance of the pedestrian and bicycle path easement, 2. That the exterior boundaries of the proposed annexation to CSA 165 and its sphere of influence are Page 2 of 3 described in LAFCo Exhibits 2 and 3 attached hereto and made a part hereof by this reference. 3. That annexation said CSA 165 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, street lighting and maintenance of the pedestrian and bicycle path easement. 5. That LAFCo approval of the annexation to CSA 165 shall be subject to the conditions 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: $7,441.00 initial deposit for FY 2003/2004 6. 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 12ch day of August, 2003 by the following vote: AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler NOES: None ABSENT: None NOT VOTING: None ,~ R J. Beeler, Chair, Butte County Board of Supervisors ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors ;~ ~:. ':~ 1. r/f~C ~f" Page 3 of 3 SCALE: 1 "= 400't €~~ -~ EX151WG C5A 1b5 - ~1~\~~~ GILBERT ENGINEERING DRAWN BY D.I. DATE MAR.,2003 PLAT TO ACCOMPANY ~AFCO CHECKED W.E.G. SCALE 1"=4oo't DESCRIPTION OF PROPERTY TO BE EXHIBIT ANNEXED TO COUNTY SERVICE AREA 165 2 APPROVED (MARTIN SUBDIVISION) sHEEr ~ of 2 ASST. DIRECTOR OF PUBLIC WORKS g~,. SCALE: 1 "= 300'± wI a ?~ xl \\ Pp5 ~ 9 Jgp1~`S~ON ~~ ~~a 1M OR s \\ $~ 'C~1J ~ PN ;~ COURSE DATA TABLE 056 (~1 N 72°41' E 648.50' 2~ N 71°14' E 316.10' O N 71°14' E 296.37' tp5~ 4 S 37°42' E 1517.24' ~~ ~\ \ 5 S 52°18' ' ° W 28D.49' ' \ ~ N 42 37 W 1613.10 ,~~~ oS$ \~ LEGEND APN 047-430-045 APN 048-680-D45 ASSESSOR'S PARCEL NUMBER ANNEXATION BOUNDARY O1 COURSE NUMBER ORIGINAL CSA 165 FORMATION INFORMATION: LAFCO RESOLUTION ~ 95-OS TPOB TRUE POIN7 OF BEGINNING BOARD RESOLUTION ~ 96-100 DRAWN BY D.I. DATE MAR.,2003 CHECKED W.E.G. SCALE 1" = 300'± APPROVED ASST. DIRECTOR OF PUBLIC WORKS POC POINT OF COMMENCcMENT EXISTING CSA 165 GI~BERT ENGINEERING PLAT TO ACCOMPANY LAFCO DESCRIPTION OF PROPERTY TO BE EXHIBIT ANNEXED TO COUNTY SERVICE AREA 165 2 (MARTIN SUBDIVISION) sHEEr 2 of 2 PQN p4"l~G3p_Op8