HomeMy WebLinkAbout93-194WHEREAS, on October 12, 1993 the Board of Supervisors of the
County of Butte, State of California, adopted and passed
Resolution 93-151 stating the intention to expand the powers to
provide an additional type of extended service within CSA Na. 88,
specifically, street lighting maintenance, as authorized by
Government Code Section 25210.4a (5), 25210.31 (a) and 25210.32;
and
WHEREAS, the County of Butte Local Agency Formation
Commission, on September 2, 1993, adopted and passed Resolution
93-35 making determinations and approving said expansion of
powers; and
WHEREAS, the Board of Supervisors had held a hearing and
received arguments and evidence regarding said expansion of
powers, which hearing concluded on November 23, 1993; and
WHEREAS, written protest of 50 percent or more of the
registered voters residing within said area or 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 service.
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RE$OLIITION APPROVING T8E ESPANSION OF POWERS FOR COIINTY
SERVICE AREA NO. 88- HERITAGE ESTATES DRAINAGE DISTRICT
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 were conducted pursuant to Chapter 2.2 of Part
2 of Division 2 of Title 3 of the Government 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 commencing with
Section 57000.
2. Said Board hereby determines to approve the Expansion
of Powers for said CSA No. 88 as specified below.
3. The short form designation of these proceedings is:
94-03-Expansion of Powers for County Service Area No. 88-Heritage
Estates Drainage District.
4. The following type of service is found to be an
additional extended service, and it is to be provided within said
area: street lighting maintenance.
5. In accordance with the provisions of Government Code
Section 25210.77a and the 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 parcels within
County Service Area 88. 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 attached 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.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 23rd day of November, 1993, by
the following vote:
AYES: Supervisors Dolaxt, Mc~aughlin, Thomas and Chair Houx
NOES : None
ABSENT: Supervisor Meyer
NOT VOTING : None ' ~ /, ;'
Mary An Houx, Chair of the
Butte C my Board of Supervisors
ATTEST:
JOHN 5. BLACKLOCK
Office and Cler of the Board
By
WP52 LUTION1C3A88.RHS