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HomeMy WebLinkAbout13-019RESOLUTION OF INTENT TO ESTABLISH THE BUTTE COUNTY PERMANENT ROAD DIVISION ZONE 002 AND TO IMPOSE PARCEL CHARGES FOR LIGHTING AND ROAD MAINTENANCE WHEREAS, pursuant to provisions of the Permanent Road Division Law (Streets and Highways Code Sections 1160 et seq.), the Board of Supervisors is authorized to establish a Permanent Road Division as a method of providing street lighting and road improvement and maintenance services by the County within the unincorporated area, and WHEREAS, on rune 2'7, 2006, the Board of Supervisors adopted Resolution No. 06-102 establishing the Butte County-Wide Permanent Road Division; and WHEREAS, Streets and Highways Code Section 1162.6 authorizes the Board of Supervisors to create zones within the division for specific permanent road projects, with differing special taxes or parcel charges; and WHEREAS, Streets and Highways code Section 1162.6 provides that parcel charges shall be deemed to be assessments within the meaning of Article XIII D of the California Constitution; and WHEREAS, the Board of Supervisors has received a petition to form a zone for road maintenance and storm drainage maintenance within the Butte County Permanent Road Division; and WHEREAS, the territory for the proposed zone is set forth in Exhibits A and B, attached hereto and incorporated herein; and WHEREAS, the name of the proposed zone is Butte County Permanent Road Division, Zone 002; and WHEREAS, the petition has been signed by a majority of the landowners within the proposed zone and meets all the requirements of Streets and Highways Code Sections 1162 and 1163; and WHEREAS, the proposed services to be provided within the zone are: street resurfacing, street storm drain rehabilitation, and storm water detention basin maintenance; and WHEREAS, a copy of a detailed Engineer's Report within the meaning of Article XIII D of the California Constitution has been provided to the Board of Supervisors and the original is on file with the Department of Public Works; and WHEREAS, the boundaries of the proposed zone, number of acres therein, the parcels that will have a special benef t conferred upon them, and a description of the roads to be maintained are set forth in the Engineer's Report; and WHEREAS, Streets and Highways Code Section 1164 requires that the petition be published with a notice stating the time of the meeting at which the Board of Supervisors will consider the petition; and WHEREAS, Streets and Highways Code Section 1162.6(d) allows proceedings to form a Permanent Road Division zone to be consolidated with an assessment ballot proceeding pursuant to Government Code Section 53753. NOW, THEREFORE, BE ~T RESOLVED AS FOLLOWS: 1. The Board of Supervisors finds that all of the recitations made hereinabove are true and correct. 2. The Director of the Department of Public Works shall provide mailed notice to the record owner{s) of each parcel in proposed Butte County Permanent Road Division, Zone 002, as required by Government Code Section 53753 and Article XIII D, Section 4 of the California Constitution. A public hearing shall be held on March 26, 2013 at 9:30 a.m., which shall not be less than 45 days after notice has been mailed to the record owner of each parcel that will have a special benefit conferred upon it, at which time the Board of Supervisors shall consider the formation and extent of the zone and the proposed assessment and all written and oral testimony and protests against the proposed formation and assessment, tabulate the ballots, and determine whether to form the Butte County Permanent Road Division, Zone 002 and levy the assessment as described. The Clerk of the Board shall publish the petition and notice of public hearing in accordance with Streets and Highways Code Section 1196. 3. The question placed before the property owners shall read as follows: QUESTION Shall the Board of Supervisors of Butte County be empowered and authorized to impose an annual assessment for street lighting and road maintenance sezvices for street resurfacing, street storm drain rehabilitation and storm water detention basin maintenance up to the amounts set forth below: Fiscal Year 2013 - 2014 - Not to exceed $295.61 per benefit unit Fiscal Year 2014 - 2015 - Not to exceed $283.11 per benefit unit plus an and thereafter inflation factor compounded based on Consumer Price Index prepared by the United States Department of Labor, Bureau of Labor Statistics Using the weighted average of Consumer Price Indexes {All Urban Consumers for the State of California}. The amount of increase shall not exceed 2.5 percent in any one year. © Assessment -Yes D Assessment - No PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 29~' day of January, 2013 by the following vote: AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter NOES: Nane ABSENT: None NOT VOTING: None Bill Connelly, Butte County Board of Supervisors A' ~ G~ruarc ~~r ~P of Administrative Officer a d Jerk of the Board of Supervisors By: Exhllalt "A" LEGAL pESCRIPTION ZONE N0.002 TO BUTTE COUNTY PERMANENT ROAD DNfS[ON MAINTENANCE OF ROAD AND DRAINAGE FACILITIES All that certain real property situate in the County of Butte, State of Califomla, described as follows: A portion of Section 12, Township 19 North, Range 1 East, M.D.M., more particularly described as follows: COMMENCING at the centeriine intersection of Nelson Avenue and 12`~ Street; THENCE South 00°02'21" East along said centerline of 12`~ Street, a distance of 398.74 feet; THENCE leaving Bald centerline, South 89°58'00" East, a distance of 40.00 feet to the easterly right-of--way line of said 12'~ Street and the True Point ofi 3eginning; Course 1 THENCE leaving said right-of--way line South 89°58'00" East, a distance of 232.05 feet; Course Z THENCE South 00°02'12" East, a distance of 394.47 feet; Course 3 THENCE North 89°57'12" West, a distance of 232.04 feet to the easteriy right-of- way line of said 12"' Street; Course 4 THENCE North 00°02'21° West along said easterly right-of way line, a distance ofi 394.42 feet to the point of beginning; The above-described parcel contains 2.10 acres, more or less, and is Assessor's Parcel Number 031-180-016. ~~ °~ ~ Herbert L. Votaw x ~ PLS 8043 ~# Na 8D43 * Date: ~ " f ~ - 13 \~~~ of Ca~+~O~~~ P.o.c. NELSON AVBNUE I I ~ ~ . 11 ~ ~~ I ~~-- I ~~ - ~ ~ ~- ~_ ~ ~ ~~ ~ I 1 s as~e'oo' ~ I ,~~ ~~-~.~.o.a. ~ I - N *+ I I i ~ 9 i ~ I r ~~ Na C`.L F LEGEND a ~~~~~ a 51DRil pRAB'I CAiCN BASH 0 5'li~i DRAIN gBET WI1H DlIWOND PLATE GOVER m STDRII DRAIN TYPE G liLE~ ~~ 5TDR61 DRAM PIPE 4 ASS~IEM NEII~t (~j LOT NUIJI3ER PER "iFlQtllALllO' SUBDIV1510N A.P.N. AS~SORS PARCQ. NUIrBER P.O.C. POINT ~ ~ T.P.O.H. 1RllE POSIT OF BE{;If~NG (1) COllR~ NINIBER EJC l-1 ~ S ~ T "B" ASSESSMENT DIAGRAM PRD ZONE NO_ 002 f~dAINTENANCE OF ROAD AND DRAINAGE FAglJTtES FOR SISKIYOU GROVE ESTATES JANUARY, 2013 ORANRI BY: R.A.R. 'r1iFET 1 OF 1 L.UC:A IIVN MAY (SISKIYOU AVENUE -ABANDONED)