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HomeMy WebLinkAbout97-055.*i~~f~lffit ••* O~ S UP.~' ~•• •• ~~~~ ~ ~~~ ii ~Oi : ~ • • ~~~ :LAi ^ i'~ : ~ *i '~- •y •••1 f ~~ V N ' ••••• BOARD OF SU PERV 1SORS COUNTY OF BUTTE, STATE OF CALIFORNIA ~lc'SD~Uf1011 N0. 97-55 RESOLUTION REPEALING RESOLUTIONS 97-45, 97-46 AND 97-47 REGARDING ELECTIONS IN COUNTY SERVICE AREAS 31, 34 AND 164 WHEREAS, on September 12, 1995 this Board adopted Resolution 95-1261evying a service charge for County Service Area 3 I in the amount of $15.16 per parcel of real property but due to unanticipated savings and the resulting fund balance carryover the amount of the service charge levied for 1996-9? was reduced; WHEREAS, on September 13, 1994 this Board adopted Resolution 94-107 levying a service charge for County Service Area 34 in the amount of $4.86 per parcel of real property but due to unanticipated savings and the resulting fund balance carryover the amount of the service charge levied for 1996-97 was reduced; WHEREAS, this Board finds and declares that County Service Areas 31 and 34 are special benefit districts, geographically distinct within the County of Butte and providing extended services therein not generally available to the public at large in the rest of the County; and WHEREAS, on September 10, 1996 this Board adopted Resolution 96-107 levying a service charge far County Service Area 164 (Animal Control) for 1996-97 in the amount of $5.00 per parcel of real property, the amount approved by a majority of the voters at the election held on November 8, 1994, at which election the voters were asked the question "Should proceedings be instituted to establish a County Service Area to provide animal control services and to levy a service charge therefor, said service charge not to exceed $5.00 annually per parcel of real property?". NOW, THEREFORE, BE IT RESOLVED, 1. That the service charge established by Resolution 95-126 for County Service Area 31 for fiscal year 1995-96 in the amount of $15.16 per parcel is hereby determined to be an "existing fee" within the meaning of Article XIII D, Section 6 of the California Constitution, and a service charge can be levied for fiscal year 1997-98 in said County Service Area in an amount not exceeding said amount, without being regarded as a "new fee." 2. That the service charge established by Resolution 94-107 for County Service Area 34 for fiscal year 1994-95 in the amount of $4.86 per parcel is hereby determined to be an "existing fee" within the meaning of Article XIII D, Section 6 of the California Constitution, and a service charge can be levied for fiscal year 1997-98 in said County Service Area in an amount not exceeding said amount, without being regarded as a "new fee." 3. That the service charge established by Resolution 96-107 for County Service Area 164 for fiscal year 1996-97 in the amount of $5.00 per parcel is hereby determined to be an "existing assessment" within the meaning of Article XIII D, Section 5(d) of the California Constitution, which previously received majority voter approval in an election on the issue of the assessment, and which existing assessment is exempt from the procedures and approval process set forth in Article XIII D, Section 4 of the California Constitution. 4. That in view of the above actions, findings and declarations, Resolutions 97-45, 97-46 and 97-47, calling elections regarding approval of special taxes in County Service Areas 31, 34 and 164, respectively, are hereby repealed. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 29 day of April , 1997 by the following vote: AYES: Supervisors Dolan, Houx and Chair Davis NOES: Supervisors Beeler and Josiassen ABSENT: None NOT VOTING: None ATTEST: ~' ' _. -- -~'~:~~, fired Davis, Chair, Butte County Board of Supervisors JOHN BLACKLOCK, Chief Administrative Officer and Clerk of the Board,df Supervisors ,~ i s~vchar8.res 2