HomeMy WebLinkAbout09-021ltesolution
RESOLUTION DIRECTING COMMENCEMENT OF PROCEDURES TO IMPOSE
AN INCREASED ANNUAL SERVICE CHARGE IN COUNTY SERVICE AREA 90 ZONES 1
AND 2, SOUTHGATE ACRES AND SOUTHGATE ACRES N0.2 SUBDIVISIONS AND
SETTING A PUBLIC HEARING TO CONSIDER SUCH CHARGES
WHEREAS, Government Code Section 25210.77a contains authority for the County of Butte to fix
and collect service charges for a particular extended service provided through a county service area 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 or increased charges; and
WHEREAS, a written report identifying each parcel of real property receiving a particular extended
service, and the amount of the existing maximum annual charge and the amount of the proposed increased
annual charge for each parcel 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 Board wishes to give notice of and to hold a public hearing to consider establishing
such increased annual service charge in accordance with the procedures specified in Article XIII D,
Section 6, of the California Constitution.
NOW, THEREFORE, BE IT RESOLVED,
1. That a public hearing is set for April 21, 2009, at 9:45 a.m. pursuant to Article 7 of Chapter 2.2 of
Division 2 of Title 3 of the Government Code (commencing with Section 25210.70), Article VI of
Chapter 21 of the Butte County Code (commencing with Section 21-85) and Article XIII D, Section b
of the California Constitution to hear and consider all objections or protests, if any, and thereafter, as
to the charge for which there has not been a majority protest, to adopt a resolution confrming the
report and establishing the charge in an amount not exceeding the amount set forth in Exhibit A,
attached hereto, and calling for a property owner ballot proceeding as necessary to approve or
disapprove the charges.
2. The Clerk of the Board of Supervisors is directed to publish notice of said hearing as required by
Butte County Cade Section 21-88 and Article XiIi D, Section 6 of the California Constitution, and,
with the assistance of the Public Works Department, Auditor-Controller and the Assessor, to provide
written notice thereof by mail to the record owner of each identified parcel upon which the increased
charge is proposed to be levied, as said owners are identif ed on the current tax roll. Said written
notice shall be mailed not less than forty-five (45} days prior to the hearing and shall include the
amount of the proposed increased charge, the basis upon which the amount of the proposed increased
charge was calculated, the reason for the increased charge, and the date, time and location of the
public hearing, and shall state that the record owner may submit a written protest against the increased
charge to the Clerk prior to or during the hearing.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California,
this 24th day of February 2009 by the following vote:
AYES: Supervisors Connelly, Dolan, Kirk, Lamberti, Yamaguchi
NOES: None
ABSENT: None
NOT VOTING: None
Bill Connelly, Chair, Bu County
Board of Supervisors
ATTEST:
Gregory G. Iturria,
Interim Chief A istrative Officer
and Clerk of e B and
Ey:
G~ C~'y