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Home My WebLink About97-083-~ G :; ~~ ~~e~ t~;.' ,, ~;, y a~ ~ d ~ Kd ~ k ~; 9 4~ ..'~ s4C 0 ~ l.i. ~icsvlution No.97-83 RESOLUTION DIRECTING CONIlUIENCEMENT OF PROCEDURES TO IMPOSE NEW SERVICE CHARGES IN COUNTY SERVICE AREA 169 AND SETTING PUBLIC HEARING TO CONSIDER LEVYING SUCH CHARGES FOR FISCAL YEAR 1997-98 AND FUTURE YEARS WHEREAS, the subdivider of Pheasant Landing Subdivision has proposed the establishment of County Service Area 169 to provide necessary services to the subdivision in compliance with the conditions of approval of the subdivision map; and WHEREAS, it is the intention of the County of Butte to establish the County Service Area if service charges can be established in an adequate amount to provide the contemplated services; and WHEREAS, Government Code Section 25210.77a contains authority for the County of Butte to establish and collect service charges for extended services provided through a county service area or zone; and VVHEREA5, 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 XllI 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 charge for each parcel for 1997-1998 and future years, has been filed with the Clerk of the Board of Supervisors and resides in the Property Tax Section of the Auditor's Office; and WHEREAS, the property to be included in the County Service Area in question is shown on the current tax roll as one parcel but a subdivision map has been recorded which will result in this parcel being divided into multiple parcels on future tax rolls; and WHEREAS, the Board wishes to give notice of and to hold a public hearing to consider levying such new service charges for fiscal year 1997-98 on the one parcel shown on the current tax roll and on each of the multiple parcels shown on future tax rolls, in accordance with the procedures specified in Article XIII D, Section 6, of the California Constitution, and as set forth in Exhibits A and B attached hereto. NOW, THEREFORE, BE IT RESOLVED, l . That a public hearing is set for August 26, 1997, at 10:00 a.m. pursuant to Article 7 of Chapter 2.2 of Part I of Division 2 of Title 3 of the Government Code (commencing with Section 25210.70) and Article VI of Chapter 21 of the Butte County Code (commencing with Section 21-85) to hear and consider all objections or protests, if any, and to adapt, revise, change, reduce or modify any charge as described in the report and thereafter, by resolution, to confirm the report and levy the charges, in an amount not exceeding the amounts set forth in Exhibit A for fiscal year 1997-98, and set forth in Exhibit B for future fiscal years. 2. The Clerk of the Board of Supervisors ("Clerk") is directed to conduct an election in connection with the hearing, to publish notice of the hearing, as required by Butte County Code Section 21-88, and to mail the notice, as required by Section 6 (a) of Article XIII D of the California Constitution, to the record owner of each identified parcel upon which the new charge is proposed far levying. The notice shall include the amount of the proposed new charge, the basis upon which the amount of the proposed new charge was calculated, the reason for the new charge, and the date, time and location of the public hearing. Notices mailed shall also include a ballot identifying the Assessor Parcel Number of the property and including spaces for the property owner to vote "Yes" to approve the new charge or "No" to disapprove the new charge and shall include information stating that the ballots shall be submitted to the Clerk as specified in section 3 k below. A "No" vote shall be treated as a protest against the new charge. 3. The Clerk, with the assistance of the Clerk-Recorder 1 Registrar of Voters of the County of Butte, Public Works Department, Auditor-Controller and Assessor, is directed to conduct the election required by paragraph 2 above in substantial compliance with the following procedures and requirements: a. The election shall be conducted on August 26, 1997, pursuant to the requirements of Section 6(c) and following procedures similar to those specified in Section 4 (d) and (e), of Article XIII D of the 2 California Constitution, as specified below. b. The election shall be conducted in conjunction with the protest hearing and will be referred to as a "Property Owner Election". c. The Auditor-Controller shall provide the Clerk with a certified copy of the portion of the current tax roll relating to the property to be charged. d. Forty-five (45) days prior to the election the Clerk shall mail election materials, including the notice referred to in section 2 above, to the legal owner of each parcel of real property subject to the charges within the 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, 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 legal owner as identified on the current tax roll. h. The "owner of the property", or the authorized representative of the legal owner, may exercise the vote. I. Where there are multiple legal owners, only one of them may exercise the vote on behalf of the property. j. 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. k. Each ballot shall be returned to the Clerk in a sealed envelope. The ballot maybe mailed or personally delivered but must be received not later than the close of the hearing on August 26, 1997. A ballot postmarked prior to but not received by the close of the hearing will not be counted. I. The Clerk may process the ballots upon receipt but shall not release any vote-count information before the hearing. 3 m. The Clerk shall certify the election results to the Board of Supervisors upon the close of the hearing 8th day of and shall request the Board of Supervisors to accept the results. n. The Clerk shall retain the ballot(s) for six (6) months after the election, o. Upon acceptance of the election results the Board of Supervisors will adopt a resolution establishing the County Service Area and a resolution confirming the new charges, if approved by the legal owners. p. If the new charges are not approved by the property owners, the Board will not adopt a resolution establishing the County Service Area and will direct the auditor not to place the new charges on the 1997-98 or future tax bills. q. As to those new 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 the County Service Area is less than the proposed budget upon which the charges were based, then the Auditor will be directed to make a corresponding reduction in the new service charges to be placed on the tax bills. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this July 1997 by the following vote: AYES: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis NOES: None ABSENT: None NOT VOTING: None .,._-- - r .~ fired Davis, Chair, utte aunty Board of Supervisors ATTEST: JOHN BLACICLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors (pheas 1.res ) 4 EXHIBIT A CSA #169 -PHEASANT LANDING SUBDIVISION (1 PARCEL) PROPOSED BUDGET FY 97/98 536 -Professional Services - Fire system pump maintenance 5 1 ,000 Monitoring of sewage disposal systems in accordance with waste discharge requirements 5 5,005 536.901 -Charges from County Departments - Detention pond maintenance $ 250 541 -Special Department Expense - Regional Water Quality Control Board -Reporting 5 1,200 544 -Utilities - 3-70W LS 1 E, 1-100W LS 1 E Street lights $ 636 Storm drainage pump station 5 500 Fire protection pump station 5 500 554 -Interfund Services -Auditor $ 105 554.030 -Interfund Services -Road Fund Storm drain system maintenance Public Works pump $ 1,000 554.100 -Interfund Services -Fire Department Administration and maintenance expense $ 500 554.1 81 -Interfund Services -General Services Administration Expense -Public Works $ 1 25 580 -Appropriation for Contingencies $ 500 Provision for ACO Reserve Future fire system equipment replacement (10 year pump life) 55,000/pump + 53,200 hydrant $ 8201year Future storm drain system equipment replacement (20 year pump life> 2 pumps @ 51 1,000/pump $ 1 ,1001year Proposed New Charge 513,741 The 1997-1998 tax roll identifies only one parcel subject to County Service Area charges. This budget has been reduced to reflect the developer's one year maintenance requirement under the provisions of County Code and the State Subdivision Map Act. This budget allows for some reserve in the first year with the balance to be provided in Fiscal year 1998-1999. The new charge shown in Exhibit B will allow for full funding for the services provided within this County Service Area for future fiscal years. EXHIBIT B CSA #169 -PHEASANT LANDING SUBDIVISION (18 PARCELS) PROPOSED BUDGET -FUTURE FISCAL YEARS 536 -Professional Services - Fire system pump maintenance S 2,000 Monitoring of sewage disposal systems in accordance with waste discharge requirements S 5,005 536.901 -Charges from County Departments - Detention pond maintenance S 500 541 -Special Department Expense Regional Water Quality Control Board -Reporting S 1,200 544 -Utilities - 3-70W LS1 E, 1-100W LS1 E Street lights $ 636 Storm drainage pump station $ 500 Fire protection pump station S 500 554 -Interfund Services -Auditor $ 105 554.030 -Interfund Services -Road Fund Storm drain system maintenance Public Works pump $ 2,000 554.100 -Interfund Services -Fire Department Administration and maintenance expense S 1,000 554.1 81 -Interfund Services -General Services Administration Expense -Public Works S 1 25 580 -Appropriation for Contingencies S 2,000 Provision for ACO Reserve Future fire system equipment replacement { 10 year pump life) 55,000/pump + 53,200 hydrant S 820/year Future storm drain system equipment replacement {20 year pump life) 2 pumps @ S 1 1,000/pump S 1,1001year 51 7,491 10% Inflation factor S 1 ,749.10 TOTAL 519,240.10 Cost Per Parcel - 519,240.10/18 parcels S 1,068.90 Proposed New Charge Rounded to Nearest S 1 .00 S 1,069.00