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HomeMy WebLinkAbout97-057•*~ O~ ~S U ~~`'~~~ i ~: ~;~ i ~ (~ • ~ ~ i ~~ • • a~. :~. ^ ^ ~*: ~*i ~y ; •' ~ . .•~•.•R~UUx ~•••• ,~1 ~~4~n~~~~' BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA Ii~~svltifion X10. 97-57 RESOLUTION REGARDING IMPOSITION OF NEW INCREMENTAL SERVICE CHARGES IN SPECIFIED COUNTY SERVICE AREAS FOR FISCAL YEAR 1997-98 WHEREAS, Government Code Section 25210.77a contains authority for the County of Butte to fix and collect service charges for a particular extended service provided through a county service area or zone; and WHEREAS, the Board of Supervisors did, by ordinance adopt Butte County Code Section 21-85 et seq., establishing a procedure for annually levying and collecting such charges on the tax roll; and WHEREAS, Article XIII D, Section 6 of the California Constitution, as adopted by passage of Proposition 218 on November 5, 1996, established procedures for levying new charges; and WHEREAS, a written report identifying each parcel of real property receiving a particular extended service, and the amount of the new or incremental charge proposed for each parcel far 1997-1998, has been fried with the Clerk of the Board of Supervisors and resides in the Property Tax Section of the Auditor's Office; and WHEREAS, on March 11, 1997, the Board of Supervisors adopted Resolution 97-34 entitled "RESOLUTION DIRECTING C011~IlVIENCEMENT OF PROCEDURES TO IMPOSE NEW INCREMENTAL SERVICE CHARGES IN SPECIFIED COUNTY SERVICE AREAS AND SETTING PUBLIC HEARING TO CONSIDER LEVYING SUCH INCREMENTAL CHARGES FOR FISCAL YEAR 1997-98"; and WHEREAS, notice having been duly given and a public hearing having been held to consider levying such new or incremental service charges for fiscal year 1997-98 in accordance with the procedures specified in Government Code Section 25210.77a, Butte County Code Section 21-85 et seq., and Article XIII D, Section 6, of the California Constitution, and to consider protests filed against such new or incremental service charges. NOW, THEREFORE, BE IT RESOLVED, 1. It is hereby found that written protests against the proposed new or incremental service charges have been presented and not withdrawn by a majority of the property owners within those County Service Areas set forth in Exhibit A attached hereto. Therefore, in accordance with Article XIII D, Section 6 (a) (2), of the California Constitution, such incremental service charges shall not be imposed, and the proceedings regarding such charges are hereby terminated. The only service charges to be imposed in said County Service Areas shall be the existing charges reimposed by Resolution 97- 5 6. 2. It is found that written protests against the proposed new or incremental sewer service charges have not been presented by a majority of the property owners within County Service Area 21, Zones 1 and 2, and County Service Area 82. Therefore, in accordance with Article XIII D, Section 6, of the California Constitution, and particularly Subsection (c) thereof, such incremental service charges are hereby imposed for fiscal year 1997-98, without the necessity for voter approval, in the amounts set forth in Exhibit B attached hereto. The Auditor is directed to place such charges on the 1997-98 tax bills. Provided, however, that if the final budget adopted for County Service Area 21, Zones 1 and 2, or County Service Area 82 is less than the proposed budget upon which the charges were based or the fund carryover is greater, then the Auditor is directed to make a corresponding reduction in the new or incremental service charges to be placed on the tax bills. 3. It is found that written protests against the proposed new or incremental service charges have not been presented by a majority of the property owners within those County Service Areas set forth in Exhibit B attached hereto. Therefore, in accordance with Article XIII D, Section 6, of the California Constitution, such new or incremental service charges are hereby imposed for fiscal year 1997-98, subject to approval by a majority vote of the owners of the property within each such County Service Area subject to the charges. 4. The Clerk-Recorder 1 Registrar of Voters of the County of Butte ("Clerk"}, with the assistance of the Public Works Department, Auditor-Controller and the Assessor, is directed to conduct the elections required by paragraph 3 above in substantial compliance with the following procedures and requirements: a. The election as to each County Service Area shall be conducted on June 24, 1997, which is a date 2 more than 45 days after the public hearing. b. The elections shall be conducted separately but, to the extent feasible, the procedures for the elections may be consolidated. c. The Auditor-Controller shall provide the Clerk with a certified copy of the 1996-97 tax roll as run on March 3, 1997. d. Fifteen (15) days prior to the election the Clerk shall mail election materials to the owner of each parcel of real property subject to the charges within each County Service Area, as their names and addresses appear on the said tax roll. e. The election materials mailed to each owner shall identify the County Service Area, and shall include information regarding the purpose of the election, a ballot identifying the Assessor Parcel Number of the property and including spaces for the property owner to express support or opposition to the proposed new or incremental charge, and an addressed return envelope with postage pre-paid. f. One vote may be cast as to each parcel of real property. g. The person entitled to exercise the vote shall be the "owner of the property". h. The "owner of the property" shall include the legal owner as identified on the 1996-1997 tax roll, a person who became a legal owner after preparation of the tax roll, a tenant who will be directly liable to pay the incremental charge, or the legal owner of a parcel of real property annexed to the County Service Area after preparation of the tax roll. The "owner of the property", or the authorized representative of the legal owner, may exercise the vote. j. Where there are multiple legal owners, only one of them may exercise the vote on behalf of the property. k. The person exercising the vote shall sign a declaration on the ballot, under penalty of perjury, stating that he or she is entitled to vote because he or she is a legal owner of the property, is authorized by the legal owner(s), or is a tenant who will be directly liable to pay the incremental charge. 1. Each ballot shall be returned to the Clerk in a sealed envelope. The ballot may be mailed or personally delivered but must be received not later than 5 p.m. on June 24, 1997. A ballot postmarked prior to but not received by 5 p. m. on June 24, 1997, will not be counted. m. The Clerk may process the ballots upon receipt but shall not release any vote-count information until after 5 p.m. on June 24, 1997. n. The Clerk shall certify the election results to the Board of Supervisors within 30 days after June 24, 1997, and shall request the Board of Supervisors to accept the results. o. The Clerk shall retain the ballots for six (6) months after the election. p. Upon acceptance of the election results the Board of Supervisors will adopt a resolution confirming which incremental charges have been approved by the property owners and which have not been approved. q. As to those incremental charges which are not approved by the property owners, the Board will direct the auditor not to place the charges on the 1997-98 tax bills. r. As to those incremental charges which are approved, the Board will direct the Auditor to place the charges on the 1997-98 tax bills. Provided, however, that if the final budget adopted for any affected County Service Area is less than the proposed budget upon which the charges were based or the fund carryover is greater, then the Auditor wil( be directed to make a corresponding reduction in the new or incremental service charges to be placed on the tax bills. 5. It is found that each of the fees imposed by this Resolution: do not exceed the cost of the services to be provided in each of the respective County Service Areas or zones of benefit; are to be used only far the purpose of providing the extended services in each of the respective County Service Areas or zones; do not exceed the proportional cost of the extended services to be provided to each affected parcel of real property; and are for extended services which are used by or immediately available to the owner of each such affected parcel of real property. 4 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 29 day of Argil 1997 by the following vote: AYES: Supervisors Beeler, Dolan, Houx, Josiassen anal Chair Davis NOES: None ABSENT: None NOT VOTING: None ATTEST: JOHN BLACKLOCK, Chief Administrative Officer and Clerk of the Board'of Supervisors (srvchar4.res) Board of Supervisors :A "1-:1_Y IZ:A I1~, t',AI ~ ". 'I alit ASS t'S,A ~'I I:AR~11~: COUNTY OF BUTTE COUNTY SERVICE AREA NEW !INCREMENTAL PER PARCEL CHARGES N(1'IIMPIISEI) DiJE TO MAJORITY PROTEST FOR THE 1997-9K FISCAL YEAR Amnunt Prcq~c~secl, GSA NAME NOT Irap~~sed IU2 VIF.ADOW[.ARK ACRE L'I ~~ I~RN 1~~3 ~IC;~~lzs st~aui` t_;fil)R,~I'cx/~"IREISNV~t 6~i.OQ ~)fl f)t:~. I:x~uiirl „n„ Page I of i ,11~:1Y K:A~Il{~':AI ~'t'L.ATIt~SS t'S.A~'11:1KUIi COUNTY OF BUTTE CO[JNTY SERVICE AREA NEW I INCREMENTAL PER PARCEL CHARGES IMPOSED FOR THE 19)7-98 FISCAL YEAR Above Existing Charge C ;SA NAME I LlNL1U MAl!VUI{ cxL f1Ll~LCA At'IZE L ~ 2l OAKRIDGE SEWER ZONE I - ; I ~ (l~~ 1 C),~.ItiRI:nC.,E SEWER ZQNE ~ ' 1-t 1}t3 76 QU.Ait. RIIN I T ~ DRN H~ >'I'1121_.1NG C1"t'Y Sk1b11.R t~-l U~-Ul!I~;t'I~ 9U S~-)l" 1~1 {(,.A"1~L AC~ DR'V-FIRE HYD LONE I yQ SUL' f HGA I I~ At E3RN-~Itil~ HY17 lON~; 2 ~)-I SYCAMORE b'ALLEY SEV1WlL'1' t)7 STUNYF3RUOF{. LT c~ DRN lO0 HOI.I_Y GARDENS LT cYt DRN i(YI 'CARI~II~GEE:51' L'C ~ DRN' 12R WILDFLOWER EST. 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