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•• :,.• ..; •. COUNTY O~ BUTTE, STATE OF CALI~FORIVIA
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'•.;~~••...,....•••'''~ ~;•'~ Resolution No. 08-004
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RESOLUTION ESTABLISHING SERVICE CHARGES AND FORMING A COUNTY
SERVICE AREA FOR A PORTION OFTHE RARE EARTH ESTATES 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 hltent for the formation of County Service Arca for a portion of the Rare Earth
Estates Subdivision; and
WHEREAS, the type of extended services to be provided are maintenance of storm drain
facilities, fire protection and street lighting for the subdivision; and
WHEREAS, the Butte County Board of Supervisors conducted a Property Owner Ballot
Proceeding and Public Dearing regarding the establishment of service charges to be collected for
the services to be provided by this County Service Area on January 8, 2008. At that time they
confirmed there was no majority protest, determined that the ballots cast were a majority in favor
of establishing the proposed imaximum service charges set forth therein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARll OF SUPERVISORS
OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AS FOLLOWS:
1. Subject to Chapter 26 of the California 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 Rare Earth Estates Subdivision. The initial charge
for FY 2007/2008 in the amount of $5,155.00 and for subsequent years a maximum annual
service charge of $429.58 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 tulle 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
laws 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 Coculty 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 for collection.
2. As to those increased charges, which are approved, the Board directs the Auditor to place
the charges on the Fiscal Year 2008/2009 and subseduent 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 pwpose 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
Reduirements of Chapter 8 (commencing with Section 54900), Part I, Division II, Title V of the
Govermnent Code and subject to the provisions of Chapter 26 of the Streets and 1=lighways 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 of the 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 8`~' day of January, 2008, by the following vote:
AYES: Supervisors
NOES: None
ABSENT: None
ABSTAINS: None
ATTEST:
Connelly, Yamaguchi, Kirk, Dolan, and Chair_ .Josiassen
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('~u~t ~Josigsscr~, Choir
Butte Cu~~[y Baurd of Supen~isors
C. BRIAN HADDIX, .chief Administrative Officer
and Clerk of the Board of Supervisors
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B y: -r
Deputy
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