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HomeMy WebLinkAbout97-105 ~v 1 ~ r~ t~ ~F fr~- ;'.} ~ .., rt~ 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 S, 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/incremental charge proposed for each parcel for 1997-1998, has been filed with the Clerk of the Board of Supervisors and resides in the Property Tax Section of the Auditor's Oflice; and WHEREAS, on May 27, 1997 and June 24, 1997 the Board of Supervisors adopted Resolutions 97-70 and 97-78, respectively, directing commencement of procedures to impose newtincremental service charges in county service area 135 Zones 2 and 4 and setting a public hearing to consider levying such charges for fiscal year 1997-98; and WHEREAS, notice having been duly given and a public hearing having been held to consider levying such newlincremental 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 service charges. RESOLUTION REGARDING IMPOSITION OF NEW/INCREMENTAL SERVICE CHARGES IN COUNTY SERVICE AREA 135 ZONES 2 AND 4 FOR FISCAL YEAR 1997-98 NOW, THEREFORE, BE IT RESOLVED, 1(a). It is found that written protests against the proposed new sewer service charges h v n been presented by a majority of the property owners within Zone 4. Therefore, in accordance with Article XIII D, Section 6, of the California Constitution, and particularly Subsection (c) thereof, such new service charges are hereby imposed for fiscal year 1997-98, without the necessity for voter approval, in the amount of $202.80 per parcel of real property. 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 135 Zone 4 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 service charges to be placed on the tax bills. 1(b}. It is found that written protests against the proposed incremental service charges have not been presented by a majority of the property owners within Zone 2. Therefore, in accordance with Article XIII D, Section 6, of the California Constitution, such incremental service charges are hereby imposed for fiscal year 199?-98, subject to approva] by a majority vote of the owners of the property within Zone 2 subject to the charges, in the amount of $143.04 per parcel of real property. . 2. The Clerk-Recorder /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 election required by paragraph 1 above in substantial compliance with the following procedures and requirements: a. The election shall be conducted on September 30, 1997, which is a date more than 45 days after the public hearing. b. 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. c. 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 the County Service Area Zone, as their names and addresses appear on the said tax roll. 2 d. The election materials mailed to each owner shall identify the County Service Area and Zone, 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 incremental charge, and an addressed return envelope with postage pre-paid. e. One vote may be cast as to each parcel of real property. f The person entitled to exercise the vote shall be the legal owner as identified on the current tax roll. g. The legal owner, or the authorized representative of the legal owner, may exercise the vote. h. Where there are multiple legal owners, only one of them may vote on behalf of the property. i. The person voting 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), ar is a tenant who will be directly liable to pay the incremental charge. j. 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 September 30, 1997. A ballot postmarked prior to but not received by 5 p.m. an September 30, 1997, will not be counted. k. The Clerk may process the ballots upon receipt but shall not release any vote-count information until after 5 pm. on September 30, 1997. 1. The Clerk shall certify the election results to the Board of Supervisors within 30 days after September 30, i 997, and shall request the Board of Supervisors to accept the results. m. The Clerk shall retain the ballots for six (6) months after the election. n. Upon acceptance of the election results the Board of Supervisors will adopt a resolution confirming whether the incremental charges have been approved by the property owners or have not been approved. o. If the incremental charges are not approved by the property owners, the Board will direct the auditor not to place the charges on the 1997-98 tax bills. p. If the incremental charges are approved, the Board directs the Auditor to place the charges on the 3 1997-98 tax bills. Provided, however, that if the final budget adopted for the Zane 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 incremental service charges to be placed on the tax bills. 3. It is found that each of the charges imposed by this Resolution: do not exceed the cost of the services to be provided in each of the County Service Area Zones; are to be used only for the purpose of providing the extended services in the respective County Service Area 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. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 12 t~lay of August 1997 by the following vote: AYES: Supervisors Beeler, Dolan, Houx, .Tosiassen and Chair Davis NOES: None ABSENT: None NOT VOTING: None ATTEST: _.~--,f~ G C ~ L~ ~l Z .1 Fred Davis, Chair, Butte County Baard of Supervisors JOHN BLACKLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors By: ~ _ ~\` ~~ 1 (svchr l b.res) 4