Loading...
HomeMy WebLinkAbout05-153•~~M....^.,~~.. • (!~~ ~~ •• '• r ~ • . ©~ *~. ~ ~ ~. w*: s `- :.y, ~• ." ~ .• CJ.• ••~1 r~'~..++.+N++++ + • ..~ ~'•.. COU13'~.1~• Resolution NO. 05-153 RESOLUTION ESTABLISHING INCREASED SERVICE CHARGES IN SYECIFIEll COUNTY SERVICE AREAS FOl2 FISCAL YEAR 2006-2007 ANU FUTURE FISCAL YEARS WHEREAS, on October 25, 2005, the Board of Supervisors adopted Resolution OS-135 entitled "RESOLUTION DIRECTING COMMENCEMENT OF PROCEDURES TO ESTABLIS[I AN INCREASED ANNUAL SERVICE CI-IARGL IN COUNTY SERVICE AREA # 17 (PURPOSED ZONE 2) TfIAT WOULD INCLUDE ALLEY MAINTENANCE SERVICES AND SETTING A PUBLIC 1~EARING TO CONS[DER SUCH CIIARGE WIT[-TIN A NEWLY CREATED ZONE OF BENEI~1T KNOWN AS ZONE 2"; and WHEREAS, notice having been duly given and a public hearing having been held to consider establishing such increased service charges for fiscal year 2006-2007 and future fiscal years in accordance with the procedures specified in Government Code Section 25210.77a, 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, I3E lT RESOLVED, 1. It is hereby found that written protests against the proposed increased service charges have not been presented by a majority of the property owners within the County Service Area involved in this hearing. Therefore, there is no County Service Area 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 the County Service Area set forth in Exhibit B attached hereto. Therefore, in accordance with Article XIII D, Section 6, of the California Constitution, such new and/or i~lcreased service charges are hereby established for fiscal year 2006-2007 and future fiscal years, subject to approval by a majority vote of the ow~lers of the property within such County Service Area. 3. The Clerk-Recorder/Registrar of Voters of the County of Butte ("Clerk"), with the assistance of the Public Works Department, Auditor-Controller a-1d the Assessor, is directed to conduct the ballot proceeding required by paragraph 2 above in substantial compliance with the following procedures and requirements: a) The ballot proceeding as this County Service Area shall be conducted on February 28, 2000, ~~~hich is a date more than 45 days after the public hearing. b) The ballot proceeding shall be conducted separately. c) The Auditor-Controller shall provide the Clerk with a certified copy of those portions of the current tax roll relating to the prope--ties which would be subject to the charges. d) I~'ot less than fifteen (15) days prior to the ballot proceedings the Cleric 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 p--ocecding 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 may be 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 arc 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) Lach ballot shall be returned to the Clerk of the 13oard in a sealed envelope. The ballot may be mailed or personally delivered but must be received not later than 10:30 a.-n. on February 28, 2006. A ballot postmarked prior to but not received by 10:30 a.m. on that day will not be counted. 2 1) The Clerk of the Board may process the ballots upon receipt but shall not release any vote-count information until after 10:30 a.m. on February 28, 2006. m) The Clerk of the Board shall certify the ballot proceeding results to the Board of Supervisors within 30 days after February 28, 2006, and shall request the Board of Supervisors to accept the results. 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 2006-2007 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 Exhibit B. 4. It is found that the fee which this Resolution establishes, or establishes subject to approval by the property owners in a ballot proceeding: 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 the respective 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. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 13th. day of December 2005, by the following vote: AYES: Supervisors Connelly, Dolan, Houx, Josiassen, and Chair Yamaguchi. NOES: None 3 ABSENT: None NOT VOTING : None ATTEST: PAUL MCINTOSI I, Chief Administrative Officer and Clerk of the Board of Supervisors i~ ,' KIM YAMAGUCE{I, Chair, Butte County Board of Supervisors 4 EXHIBIT A COUNTY OF BUTTE -COUNTY SERVICE AREA INCREASED SERVICE CIIARGES NOT ESTABLISHED DUE TO MA,fORITY PROTEST CSA# CSA Name Existing Char e Increase Established Total Char ~e CXH[I3IT 13 COUNTY OF BUTTE -COUNTY SERVICE AREA WCREASED SERVICE CHARGES CSTAl3LISHCD SUBJECT TO APPROVAL BY BALLOT PROCEEDING CSA# CSA Name Cxisting Increase Total Char e Cstablishecl Char e 17 (ZONE 2) SOUTI-I OROVILLE -LAS PLUMAS $10.50 $10.00 $20.50 PARK LIGI-ITING (ZONE 2)