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Resolution No. 16450
RESOLUTION OF INTENT TO ESTABLISH THE BUTTE COUNTY PERMANENT ROAD DIVISION ZONE 003 AND TO
IMPOSE PARCEL CHARGES FOR ROAD AND DRAINAGE MAINTENANCE AND STREET LIGHTING
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, road improvement, and maintenance services by the County within the
unincorporated area, and
WHEREAS, on June 27, 2006, the Board of Supervisors adopted Resolution No. 06402 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 lighting, 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 003; 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; Street Lighting, 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 benefit 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 IT 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 of
each parcel in proposed Butte County Permanent Road Division, Zone 003, as required by
Government Code Section 53753 and Article XIII D, Section 4 of the California Constitution.
A public hearing shall be held on December 6, 2016 at 9:30 AM., 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 Permanent Road Division Zone 003 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 services for street resurfacing, street storm drain
rehabilitation and storm water detention basin maintenance up to the amounts set forth below:
Fiscal Year 2016 - 2017 - Not to exceed $156.55 per benefit unit for Parcels 1 to 2 and
$394.42 per benefit unit for Parcels 3 to 10
Fiscal Year 2017 - 2018 - Not to exceed $156.55 per benefit unit for Parcels 1 to 2 and
and thereafter $394.42 per benefit unit for Parcels 3 to 10 plus an
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.
In Assessment—Yes 0 Assessment- No
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 11th
day of October, 2016 by the following vote:
AYES: Supervisor Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
/
Bill Connelly, Butte County
Board of Supervisors
ATTEST:
Paul Hahn, Chief Administrative Officer
and Cler of the Board of Supervisors
By:
Deputy
EXHIBIT"A"
LEGAL DESCRIPTION
ZONE NO.003 TO BUTTE COUNTY PERMANENT ROAD DIVISION
MAINTENANCE OF ROAD AND DRAINAGE FACILITIES
All that certain real property in the unincorporated area of the County of Butte, State of California, described as
follows:
A portion of Lot Twelve (12), as shown on that certain map entitled, "Map of the Third Subdivision of the John
Bidwell Rancho, Near Chico, Butte Co., California" which map was recorded in the office of the recorder of the
County of Butte, State of California, on September 17, 1900, in Book 5 of Maps, at Page 8, more particularly
described as follows:
COMMENCING at the most westerly corner of said Lot 12;
THENCE North 52'03'22" East along the northwesterly line of said Lot '12, a distance of 30.00 feet to a point on
the easterly right-of-way line of Guynn Avenue and the True Point of Beginning;
THENCE continuing along the northwesterly line of said Lot 12, North 52'03'22" East, a distance of 630.28 feet
to the most northerly corner of said Lot 12;
THENCE South 37"56'00" East along the northeasterly line of said Lot 12, a distance of 660.83 feet to the most
easterly corner of said Lot 12;
THENCE South 52'03'22"West along the southeasterly line of said Lo112, a distance of 630.18 feet to the easterly
right-of-way line of Guynn Avenue;
THENCE leaving said southeasterly line, North 371'56'29" West along said easterly right-of-way line, a distance
of 660.83 feet to the True Point of Beginning;
The above-described parcel contains 9.56 acres, more or less, and is Assessor's Parcel Number 042-020-020.
g EXHIBIT "B"
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