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BOAR1~ OF SUPERVISORS COUNTY OF BUTTE, STATE, pF C~ALlFORNIA I~esolufion No. 91-61 RESOLUTION APPROVING THE EXPANSION OF FOWERS FOR CSA NO. 87 (KEEPER ROAD/ROCK CREEK DRAINAGE) WHEREAS, on January 29, 1991 the Board of Supervisors of the County of Butte, State of California, adopted and passed Resolution 91-15 stating the intention to provide an additional type of extended service within CSA No. 87, specifically planning, as authorized by Government Code sections 25210.4a (9), 25210.31 (a) and 25210.32; and WHEREAS, the County of Butte petitioned the Local Agency Formation Commission (LAFCO) for approval of the said expansion of powers for CSA No. 87 to include said additional service; and WHEREAS, on April 4, 1991, LAFCO adopted and passed Resolution 91-35 making determinations and approving said expansion of powers; and WHEREAS, the Board of Supervisors has held a hearing and received arguments and evidence both for and against said expansion of powers, which hearing concluded on May 7, 1991; and WHEREAS, written protests of 50 percent or more of the registered voters residing within said area or the owners of one- half or more of the value of the land and improvements in the area were not received in accordance with sections 25210.34 and 25210.34 (a) of the Government Code against the furnishing of such additional services. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, as follows: 1. Said Board hereby finds and determines that the proceedings herein where conducted pursuant to Chapter 2.2 of Part 2 of Division 2 of Title 3 of the Goveznment Code (commencing with Government Code section 25210.1), and in particular with Article 3 thereof commencing with section 25210.30, and with Part 4 of Division 3 of Title 5 of the Government Code (c anencing with Section 5700, 2. Said Board hereby determines to approve the Expansion of Fowers for said CSA No. 87 as specified below. 3. The short form designation of these proceedings is: 91- 26-CSA No. 87-Keefer Road/Rock Creek Drainage Service Area expansion of powers. 4. The following type of service is found to be an additional extended service, and it is to be provided within said area: planning, limited to the preparation of a specific plan for said area pursuant to Article 8 of Chapter 3 of Division 1 of Title 7 of the Government Code (commencing with section 65450), together with the preparation of an environmental impact report related thereto and the performance of any other activity reasonably necessary for the completion and adoption of said specific plan. 5. In accordance with the provisions of Government Code Section 25210.77a and Butte County Code Sections 21.85 through 21.90, and following a public hearing thereon, a per-parcel service charge shall be levied against all the parcels within County Service Area No. 87. 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 property taxes are collected and shall be subject to the same penalties and the same procedure and sale in 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 for the first year such charge is levied the 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 attaches thereon, prior to the date on which the first installment of said taxes would become delinquent, the charge confirmed shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection. 6. The Board of Supervisors recognize,;b that the primary beneficiaries of the contemplated planning services and related environmental review process will be those persons owning properties which will thereafter be available and appropriate for development. In view of this, it is the intention of the Board of Supervisors, when determining and levying the per parcel service charges, as specified in paragraph 5 above, to do so in accordance with the following general criteria, to the extent feasible: Any parcel of property which is five acres in size or less and is primarily devoted to or suitable to residential use shall not be charged more than a one-time charge of $35.00; all other parcels shall be charged a one-time charge of approximately $145.00 per developable acre. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 21st day of hiav 1991, by the following vote: AYES: Supervisors hlcInturf, P1cLaughlin, Fulton and Chair Dolan NOES: None ABSENT: None NOT VOTING: None man llolaxl~,~} c:nairman or tne1---.. BUT COUNTY BOARD OF SUPERVISORS ATTEST: WILLIAM H. RANDOLPH Chief Admin strative 0 ficer and Clerk of the oax'd of upervisors by NHM/s1t (csa87(2).res)