HomeMy WebLinkAbout04-039~~~Rt) OF SUP:E~'1~''~" ~R
COUNTY OF BUTtE, STATE OF CAiIFQRN:IA
Resolution No. 04-039
RESOLUTION MAKING APPLICATION TO THE BUTTE LOCAL AGENCY FORMATION
COMMISSION REGARDING A PROPOSAL TO ANNEX TO ESTABLISHED COUNTY
SERVICE AREA 158 FOR STORM DRAIN MAINTENANCE, FIRE PROTECTION ANU
STREET LIGHTING SERVICES
WHEREAS, the subdividers of Vineyard Grove Estates Subdivision (formerly Ed Hay Subdivision)
have proposed and consented to annexation to County Service Area ("GSA") 158 to comply with the
requirements of their Tentative Subdivision Map approved by the Butte County Advisory Agency, on August
28, 1997, to provide necessary services to the subdivision incompliance with the conditions of approval of the
subdivision map;
WHEREAS, the Board of Supervisors of the County of Butte intends to consider annexation to said
CSA 158; and
WHEREAS, the purpose of said annexation to CSA 158 will. be to provide storm drain maintenance,
ire protection and street lighting services; and
WHEREAS, less than twelve (12) registered voters reside within the proposed new GSA; and
WHEREAS, no proceeding for the annexation to such CSA 158 shall be instituted by this Board or
requested by its members wail approval of the Butte Local Agency Formation Commission ("LAFCd') is first
obtained, except as otherwise provided herein; and
1~'HEREAS, it is the intention of the County of Butte to approve annexation to said CSA 158 if
approved by LAFCo and subject to the existing maximum service charges established in the amount of
Page 1 of 4
$205.00 to provide the contemplated services; and
WHEREAS, the annexed CSA will not receive any property tax revenue, but Government Cade
Section 25210.77a contains authority for the County of Butte to establish and collect service charges for
extended services provided through said Caunty Service Area 158 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 of real property receiving a particular extended
service, and the amount of the charge for each parcel for I7sca1 year 2004/2005 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, the property to be annexed to CSA 158 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 1T RESOLVED, by the Board of Supervisors as follows:
1. 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"} 158 with a sphere of influence co-terminus with its boundaries.
2. That the exterior boundaries of the proposed annexation to CSA 158 and its sphere of influence are
described in LAFCo Exhibits 2 and 3 attached hereto and made a part hereof by this reference.
3. That annexation said CSA 158 is proposed under the County Service Area Law (Chapter 2.2, Part 2,
Page 2 of 4
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 LAFCo approval of the annexation to CSA 158 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: $5,854.00 initial deposit for FY 2004/2005.
6. That the Clerk of the Board is authorized and directed to file a certified copy of this Resolution with the
E~cecutive 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 23rd
day of March, 2004 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
r
~ :~
By.
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LEGAL DESCRIPTION
All that certain real property situated in the County of Butte, State of California,
and more particularly described as follows;
COMMENCING at a railroad spike located at the intersection of Garner Lane and
Keefer Lane; thence South along the centerline of Garner Lane, 2437.49 feet;
thence South 89° 28' 10" West, 30.00 feet to the POINT OF BEGINNING
thence continuing South. 89° 28' 10" West, 1954.25 feet; thence South 00° 07' 32"
East, 768.43 feet; North 89° 28' 47" Enst, 1952.55 feet; North 768.80 feet to the
POINT OF BEGINNING. Containing 34.47 acres more or less.
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EXP. 6/30/04
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Robert G. Agee, Jr.
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Registration Expires 6130/04
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