HomeMy WebLinkAbout09-100WHEREAS, the Southgate Acres Subdivision map was recorded September 27,
1976 in Book 72 of maps at Pages 15 and 16, and the Southgate Acres Subdivision No. 2
map was recorded December 2, 1980, in Book 80 of maps at Pages 34 and 35; and
WHEREAS, County Service Area (CSA) 90 was formed in 1985 per Resolution
No. 85-0~9 to provide fire protection and storm drainage maintenance services; and
WHEREAS, CSA 90 was divided into zones of benefit when fire protection
facilities were constructed far the Southgate Acres No. 2 Subdivision and for the Southgate
Industrial Park.; and
WHEREAS, additional storm drainage facilities, including a pump system, for
Southgate Acres Subdivision and Southgate Acres Subdivision No. 2 were constructed in
19$7. Said facilities have subsequeantly been maintained by Knife River. Construction,
formerly Baldwin Contracting; and
WHEREAS, the roads within these subdivisions are currently private and the
property owners would like the roads and storm drainage facilities to lie accepted by the
County for maintenance; and
WHEREAS, establishment of maximum service charges for storm drainage
maintenance is necessary for the County to accept the roads and storm drainage facilities
for maintenance; 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 June 9, 2009. At
that time they confirmed there was no majority protest, determined that the ballots cast in
both Zone 1 and Zone 2 were a majority in favor of establishing the proposed maximum
service charges set forth therein.
RESOLUTION ESTABLISHING SERVICE CHARGES IN COUNTY SERVICE
AREA 90, ZONE 1, SOUTHGATE SUBDIVISION AND INCREASING THE
MAXIMUM SERVICE CHARGES IN COUNTY SERVICE AREA 9Q, ZONE 2,
SOUTHGATE ACRES SUBDIVISION NUMBER 2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AS
FOLLOWS:
1. Subject to California Streets and Highways Code Division 7, Part 3, Chapter 2b,
commencing with Section 5820 and Butte County Code Sections 21.85 through 21.90, a
per-parcel service charge shall be levied against all the parcels within CSA 90 Zone 1,
Southgate Acres Subdivision in the amount of $88.74 and the current maximum service
charge within CSA 90 Zone 2, Southgate Acres Subdivision No. 2 shall be increased from
$83.36 per parcel to $172.10 per parcel. The initial charge within CSA 90 Zone 1 for FY
2009/2010 in the amount of $88.74 and for subsequent years a maximum annual service
charge of $88.74 per parcel of real property is adopted by the Board of Supervisors. The
initial charge within CSA 90 Zone 2 far FY 2009/2010 in the amount of $172.10 and for
subsequent years a maximum annual service charge of $172.10 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 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
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 for collection.
2. As to those increased charges, which are approved, the Board directs the Auditor to
place the charges on the Fiscal Year 2009/2010 and subsequent tax bills. Provided,
however, that if the final budgets adopted for the County Service Area are less than the
proposed budgets 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. Yt is found that each of the fees imposed by this Resolution: do not exceed the cost
of the services to be provided in the CSA 90 Zones of benef t; are to be used only for the
purpose of providing the extended services in CSA 90; 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. 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.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, on the 9`~ day of Tune 2009, by the following vote:
AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly
NOES: None
ABSENT: None
ABSTAINS: None
Bill Connelly, Chair of e
Butte County Board of Supervisors
ATTEST:
GREGORY G.
Interim Chi
and Cler f ~
By:
native Officer
of pervisoxs
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