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HomeMy WebLinkAbout09-065Resolution RESOLUTION SETTING A PUBLIC HEARING AND PROPERTY OWNER BALLOT PROCEEDING TO CONSIDER INCREASED ANNUAL SERVICE CHARGES IN COUNTY SERVICE AREA 90 ZONES 1 AND 2, SOUTHGATE ACRES AND SOUTHGATE ACRES NO.2 SUBDIVISIONS WHEREAS, Government Code Section 25210.77a contains authority far 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 gave notice of and held a public protest 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. WHEREAS, there was not a majority protest from either Zone 1 or 2. NOW, THEREFORE, BE IT RESOLVED, [ 1. That a public hearing is set far Tune 9, 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-$5) and Article XIII D, Section 6 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 calling far a property owner ballot proceeding, within each zone as necessary to approve or disapprove the charges in amounts not exceeding the amounts set forth in Exhibit A, attached hereto, and 2. The Clerk of the Board of Supervisors is directed to publish notice of said hearing as required by Butte County Code 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 and a ballot by mail to the record owners of each identified parcel upon which the increased charge is proposed to be levied, as said owners are identified on the current tax roll. Said written notice and ballot shall be mailed not less than forty-five (45} days prior to the hearing and ballot proceeding and shall include the amount of the proposed increased charge, the basis upon which the amount of the proposed increased charge was calculatcd, the reason for the increased charge, and the date, time and location of the public hearing and ballot proceeding, and shall state that the record owner may submit a ballot for or to 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 21st day of April 2009 by the following vote: AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly NOES: None ABSENT: Bone NOT VOTING: None Bill Connelly, Chair, utte County Board of Supervisors ATTEST: Gregory G. Iturria, Interim Chief Admx strative Officer and Clerk of,~he arch„ By: CSA 90 Zone 1 and 2 Storm Drainage (40 PARCEL) PROPOSED BUDGET FOR FY 2009/2010 Budget Code Description Charge 530 Maintenance of Equipment Storm Drain Pump $ 500 544 Utilities-Pump $ 1,739 554 lnterfund Services-AuditorlAdmin $ 373 554030 Interfund Services-Road Fund Storm Drainage Maintenance $ 250 580 Appropriation for Contingencies Ave Pump Energy Cost + 30%utility rate increase+ 3.2% inflation $ 320 Storm Drain pump + 3.2% inflation (20-year} $ 1,385 Subtotal $ 4,567 Present worth of Initial Deposit 21-year return period $ {1,017.00} Total $ 3,550 Single Parcel Charge 40 lots = $ 88.74 Proposed Maximum Per Parcel Service Charge Zone 1 Proposed Maximum Per Parcel Service Charge Zone 2 ($83.36 Fire + $88.74} $88.74 $172.10 CSA 90 Zones 1 and 2 Storm Drainage Maintenance Budget Exhibit A