HomeMy WebLinkAbout06-101RESOLUTION ESTABLISHING SERVICE CHARGES AND FORMING A COUNTY
SERVICE AREA FOR A PORTION OFTHE PALM CREST VILLAGE SUBDIVISION
WHEREAS, pursuant to Chapter 26 of the Streets and Highways Code of the State of
California, commencing with Section 5820, the Butte County Board of Supervisors has adopted
a Resolution of Intent for the formation of County Service Area for a portion of the Palm Crest
Village Subdivision; and
WHEREAS, the type of extended services to be provided are maintenance of storm drain
facilities and street lighting for the subdivision; and
WHEREAS, the Butte County Board of Supervisors conducted a Property Owner Ballot
Proceeding and Public Hearing regarding the establishment of service charges to be collected for
the services to be provided by this County Service Area on rune 27, 2006. At that time they
confirmed there was no majority protest, determined that the ballots cast were a majority in favor
of establishing the proposed maximum service charges set forth therein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AS FOLLOWS:
1. Subject to Chapter 26 of the Califon~ia Streets and Highways Code and Butte County
Code Sections 21.85 through 21.90, aper-parcel service charge shall be ,levied against all the
parcels within the County Service Area for Palm Crest Village Subdivision. The initial charge
for 1~Y 2006/2007 in the amount of $7,844.00 and for subsequent years a maximum annual
service charge of $94.52 per parcel of real property is adopted by the Board of Supervisors.
Each parcel shall be assessed an individual service charge based upon benefit. Said charge shall
appear as a separate item on the tax bill and shall be collected at the same time and in the same
manner as ordinary County ad valorem taxes are collected and shall be subject to the same
penalties and same procedure and sale in the case of delinquency as provided for such taxes. All
Iaws applicable to the levy, collection and enforcement of County ad valorem taxes are collected
and shall be subject to the same penalties and the same procedure and sale in the case of
delinquency as provided for such taxes. All laws applicable to the levy, collection and
enforcement of County ad valorem taxes shall be applicable to such charge, except that if real
property to which such charge relates has been transferred or conveyed to a bona fide purchaser
for value, or if a lien of a bona fide encumbrancer, for value has been created and attached
thereon, prior to the date on which the first installment of said taxes would become delinquent,
then the charge confirmed shall not result in a lien against said real property but instead shall be
transferred to the unsecured roll far collection.
2. As to those increased charges, which are approved, the Board directs the Auditor to place
the charges on the Fiscal Year 2006/2007 and subsequent tax bills. Provided, however, that if
the final budget adopted for the County Service Area is less than the proposed budget upon
which the charges were based or the fund carryover is greater, then the Auditor is directed to
make a corresponding reduction in the service charges to be placed on the tax bills.
3. It is found that each of the fees imposed by this Resolution: 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 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.
4. Said County Service Area is formed for all purposes subject only to compliance with the
Requirements of Chapter 8 (commencing with Section 54900), Part I, Division II, Title V of the
Government Code and subject to the provisions of Chapter 26 of the Streets and Highways Code
of the State of California.
5. That the clerk of this Board shall cause a certified copy of this Resolution, with the seal
of the Board of supervisors of the County of Butte, State of California, to be recorded in the
Office ofthe Recorder of the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 27'h day of June, 2006, by the following vote:
AYES: Supervisors Connelly, Dolan, Xamaguchi and Chair ,~osiassen
NOES: Nave
ABSENT: Supervisor Houx
ABSTAINS: None
C osi ssen, Chairman of the
tie my Board of Supervisors
ATTEST:
PAUL McINTOSH, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
De ty
Page 2 0# 2