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Home My WebLink About97-149,~ ~. `~~~L1f~TY pIF' ~~` f ~, MST,AI'E '(~F :~#L . Resolution. No. 97-149 RESOLUTION DIRECTING COMNIENCEMEM' OF PROCEDURES TO INCREASE THE ANNUAL SERVICE CHARGE IN COUNTY SERVICE AREA 76 , SE'ffflNG PUBLIC HEARING TO CONSIDER LEVYING SUCH CHARGE AND DIRECTING THE CONDUCT OF A PROPERTY OWNER BALLOT PROCEEDING WHEREAS, County Service Area 7G ~~-as fo--rned in 1950 to provide street lighting and storm drainage maintenance services but the existing revenue source is no longer adequate to do so, and the ballot proceeding held on June 24, 1997, to authorize an increased service charge was not sueeessfui; and WHEREAS, a majority of the property owmers within County Service Area 76 have signed a petition requesting the Board of Supervisors to hold another ballot proceeding to authorize an increased service charge, with the understanding that the annual cost for street lighting and storm drainage maintenance services will not exceed $239.00 per parcel of real property per year ($ l ~~.54 existing plus $94.46 new); and WHEREAS, Government Code Section 252 i 0.77a contains authority for the County of Butte to establish and collect a service charge for extended services provided through a county service area; and WHEREAS, the Board of Supe-ti•isors did, by ordinance adopt Butte County Code Section 21-85 et seq., establishing a procedure for annually levying and collecting such a charge 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 such a charge; and WHEREAS, a written report identifying each parcel of real property receiving a particular extended service, and the amount of the charge for each parcel for future years, has been filed with the Clerk of the Board of Supervisors and resides in the Property Tax Section ofthe Auditor's Office; and WHEREAS, the Board wishes to give notice of and to hold a public hearing to consider levying such a service charge for fiscal year 1998-99 and future years in accordance with the procedures specified in Article XIII D, Section 6, of the California Constitution. NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing is set for January 13, 1998, at 10 a.m. to hear and consider all objections or protests, if any, and to adopt, revise, change, reduce or modify such charge as described in the report and thereafter, by resolution, to confirm the report and levy the new portion of the charge, in an amount not exceeding $94.46 per parcel of real property per year for fiscal year 1998-99 and future fiscal years for a total maximum amount not to exceed $239.00 per parcel of real property per year ($144.54 existing plus $94.46 new} . 2. The Clerk of the Board of Supe~ti~isors is directed, to publish notice of the hearing, as required by Butte County Code Section 2 I -88, and the Clerk-Recorder /Registrar of Voters of the County of Butte is directed to mail the notice, as required by Section 6 (a) of Article XIII D of the California Constitution, to the retard owner of each identified parcel upon which the new charge is proposed for levying. The notice shall include the amount of the proposed new charge, the basis upon which the amount of the proposed charge was calculated, the reason for the charge, and the date, time and location of the public hearing. 3. The Clerk-Recorder /Registrar of Voters of the County of~Butte is directed to conduct a ballot proceeding in connection with the hearing held pursuant to section 2 above. The 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 charge or "No" to disapprove the new charge and shall include information stating that the ballots shall be submitted to the Clerk-Recorder t Registrar of Voters as specified below. A "No" vote shall be treated as a protest against the new charge. The ballot proceeding shall be conducted in substantial compliance with the following procedures and requirements: a. The ballot proceeding shall be conducted on January 13, 1998, 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 California Constitution, as specified below. b. The ballot proceeding shall be conducted in conjunction with the protest hearing and will be referred to as a "Property Owner Ballot Proceeding". c. The Auditor-Controller shall provide the Clerk-Recorder /Registrar of Voters with a certified copy of the portion of the current tax roll relating to the property to be charged. d. No less than forty-five (45) days prior to the hearing and election the Clerk-Recorder t Registrar of Voters shall mail ballot proceeding 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 ballot proceeding materials mailed to each owner shall identify the County Service Area, and shall include information regarding the purpose of the ballot proceeding, a ballot, and an addressed return envelope with postage prepaid. 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. L 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 owners}, or is a tenant who will be directly liable to pay the charge. k. Each ballot shall be returned to the Butte County Elections Department in a sealed envelope. The ballot may be mailed or personally delivered but must be received not later than the close of the hearing on January 13, 1998. A ballot postmarked prior to but not received by the close of the hearing will not be counted. A ballot withdrawn prior to the close of the hearing will not be counted. 1. The Clerk-Recorder 1 Registrar of Voters may process the ballots upon receipt but shall not release any vote-count information before the hearing. 3 m. The Clerk-Recorder /Registrar of Voters shall certify the ballot proceeding results to the Board of Supervisors immediately after the close of the hearing and shall request the Board of Supervisors to accept the results. n. The Clerk-Recorder J Registrar of Voters shall retain the ballot(s) for six (6) months after the election. o. Upon acceptance of the election results by the Board of Supervisors, the new charge, if approved by a majority vote of the property owners submitting ballots, will be approved and the maximum permissible charge per parce] of real property per year will be the total of the existing charge plus the new charge. p, If the new charge is not approved by a majority vate of the property owners submitting ballots, the Board directs the auditor not to place the new charge on the 1995-99 or future tax bills. q. If the new charge is approved, the Board may at a future time direct the Auditor to place the new maximum permissible charge on the ] 998-99 and future tax bills. Provided, however, that if the final budget adapted for the County Service Area is less than the proposed budget upon which the new maximum permissible charge was based, then the Auditor is directed to make a corresponding reduction in the service charge to be placed on the tax bills. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this lOthday of November 1997 by the following vote: AYES: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis NOES: None ABSENT: None NOT VOTING: None ATTEST: .___- ..__ ~ Fred Davis, Chair, Butte County Board of Supel~~isors JOHN BLACKLOCK, Chief Administrative Ot~icer and Clerk of the Board of Supervisors ,. J i csa7(. res ) 4