HomeMy WebLinkAbout98-044RESOLUTION ES"fABLISHING NEW AND/OR INCREASED
SERVICE CHARGES IN SPECIFIED COUNTY SERVICE AREAS
FOR FISCAL YEAR 1998-1999 AND FUTURE FISCAL YEARS
WHEREAS, on December 23, 1997, the Board of Supervisors adopted Resolution 97-1G8
entitled "RF.,SOLUhION DIRECTING C01~9MENCEMENT OF PROCEDURES TO
ESTABLISH NEW AND/OR INCREASED SERVICE CtIARGES IN SPECIFIED COUNTY
SERVICE :1REAS AND SETTING PUB[_IC HEAR[NG TO CONSIDER SUCI1 CHARGES " ;
and
WHEREAS, notice having been duly given and a public hearing having been held to
consider establishing such new or increased service charges for fiscal year 1948-94 and future
fiscal years in accordance with the procedures specified in Govenu»er~t Code Section 25210.77a,
Butte County Code Section 21-85 et seq., and Article XHI D, Section 6, of the California
Constitution, and to consider protests sled against such new or increased service charges.
NOVI', THEREFORE, BE IT RESOLVED,
1. Ii is hereby found that written protests against the proposed new or increased service charges
1~us; not been presented by a majority of the property owners within any of the County Service
.Areas involved in this hearing and therefore there arc no County Service Areas l0 list on Exhibit
A attached hereto.
2. It is found that written protests against the praposed new or increased sewer service charges
havs~t~l been presented by a majority of the property owners within those Caunty Servicc Areas
set forth i-~ Exhibit B attached hereto. Therefore, in accordance with Article XIII D, Section 6, of
the California Constitution, and particularly Subsection (c) tl~ereof, such new or increased
service charges arc hereby established without the necessity for approval by a majority vote of
the owners of the property within each such County Servicc Area, and the maximum permissible
charges per payee) of real property per year for sewer services for fiscal year ] 998-99 and future
fiscal years, will be the "Total Charge" amount set forth for each respective CSA in Exhibit }3
attached hereto.
~. It is found that written protests againsl the proposed new or increased service charges 11~tyc
nQt bee-1 presented by a majority of the property o«-Hers within those County Service Areas set
forth in Exhibit C attached hereto. Therefore, in accordance with Article Xllf D, Section 6, of
the California Constitution, such new or increased service charges are hereby established for
fiscal year 1998-99 and future fiscal years, subject to approval by a majority vote of the owners
of the property within each such County Servicc Arca.
4. 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
ballot proceeding required by paragraph 3 above in substantial compliance with the following
procedures and requirements;
a. The ballot proceeding as to each County Servicc Area shall be conducted on April 28,
1998, which is a date more than 45 days after the public hearing.
b. The ballot proceedings shall be conducted separately, but, to the extent feasible, the
procedures for the ballot proceedings may be consolidated.
c. The Auditor-Controller shall provide the Clerk with a certified copy of those portions
of the current tax roll relating to the properties which wou]d be subject to the charges.
d. hifteen {15) days prior to the ballot proceedings the Clerk shall mail ballot proceeding
materials to the legal 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.
c. The ballot proceeding materials mailed to each owner shall identify the County
Service Area and zone, and shall include information regarding the purpose of the ballot
proceeding, 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 owner of the property as identiCed
on the current tax rail.
h. The owner oCthe property, or the authorized representative of the owner, may exercise
the vote.
I. ~~'here there are multiple legal owners, only one of them may exercise the vote on
behal f o [~ the property.
j. The person exercising the vote shall sign a declaration on the ballot, under penalty ot~
perjury, stating that he or she is entitled to vote because he or she is a legal owner of the
properly, is authorized by the legal owner(s), 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 5 p,m. on April 28, 1998. A ballot postmarked prior to but not received by 5
p.m. on that day wi]1 not be counted.
1. The Clerk-Recorder/Registrar of Voters may process the ballots upon receipt but shall
3
not release airy vote-count information until after 5 p.m. o» April 28, 1998.
m. The Clerk-Recorder,%Registrar of Voters shall certify the ballot proceeding results to
the Board of Supervisors within 30 days after flpril 28, 1998, and shall request the Board
of Supervisors to accept the results.
n. The Clerk-Recorder~`Registr~u- of Voters shall retain the ballots for six {6) months after
the ballot proceeding.
o. Upon acceptance of the ballot proceeding results by the Board of Supervisors, the new
or increased charges, i f approved by a majority vote of the affected property owners
submitting ballots, will be established, and the maximum permissible charge per parcel
of real property per year will be the "Total Charge" amount set forth for each respective
CSA on Exhibit C attached hereto.
p. If any new or increased charge is established, the Board may at a future time direct the
Auditor to place the "Total Charge" on the 1998-99 and future tax bills. Provided,
however, that if the final budget adopted for any affected Co~u~ty Service Area is less
than the proposed budget upon which the "Total Charge" ai7~ount was based, then the
Auditor will be directed to make a corresponding reduction in the service charge to be
placed on the tax bills.
q. If any new or increased charge is not approved by a majority vote of the affected
property owners submitting ballots, such charge shall not be established in that CSA, and
the maximum permissible charge per parcel of real property per year in that CSA will
remain the amount of the "Existing Charge" therein set forth in Exhibit C.
5. It is found that each of the fees which this Resolution establishes, or establishes subject to
approval by the property owners in a ballot proceeding: do not exceed the cost of the services to
be provided in each of the respective County Service .Areas; are to be used only for the purpose
of providing the extended services in each of the respective County Service Areas; do not exceed
the proportional cost of the extended services io be provided to each affected parcel of real
property; and arc for extended services which arc used by or immediately available to the owner
ofeach such affected parcel of real property.
PASSED AND ADOPTED by the E3oard of Supervisors of the Co~ulty of Butte. State of
California, this lOti~day of March
1998 by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Josiassen end Chair Davis
NOES: None
AQSENT: None
NOT ~'O'I~ING None ~'~\,~
Fred Davis, Chair, Bl-ltc Courity
Board of Supervisors
ATTEST:
JOHN BLACKLOCK, Chief Administrative Officer
and Clerk of the Board o~' Supervisors
I`
_5
EXHIBIT A
COUNTY OF BUTTE -COUNTY SERVICE AREA
NEWIINCREASED SERVICE CHARGES
NOT ESTABLISHED DUE TO MAJORITY PROTEST
Proposed Increase
CSA # CSA Name Existing Charge NOT Established
EXHIBIT B
COUNTY OF BUTTE -COUNTY SERVICE AREA
NEWIINCREASED SERVICE CHARGES FOR SEWER SERVICE
ESTABLISHED
Existing Increase Total
CSA # CSA Name Charge Established Charge
94 Sycamore Valley Sewer, Future Lighting & future Storm Drainage $0.00 $59.64 $59.64
141 Mountain Oaks Subdivision -Sewer $27.94 $17.06 $45.00
EXHIBIT C
COUNTY OF BUTTE -COUNTY SERVICE AREA
NEW/INCREASED SERVICE CHARGES
ESTABLISHED SUBJECT TO APPROVAL BY BALLOT PROCEEDING
CSA #
CSA Name Existing
Charge Increase
Established Total
Charge
15 East Chico Lighting - 1st Avenue to 11th Avenue $1.32 $3.62 $494
17 South Oroville - L,as Plumas Park Lighting $6.72 $3.78 $10.50
30 Vallombrosa Lighting $4.?0 $3.80 $8.50
40 Ramada Street Lighting $10.44 $4.06 $14.50
b8 Crestwood Street Lighting $34.14 $4.36 $38.50
85 Carriage Manor St~~eet Lighting $11.48 $2.15 $13.63
~
95
I Copley Acres Drainage $1.30 $5.27 $6.57
__k
96 Silvertree Subdivision -Street Lighting & Drainage $23.42 $4.58 $28.00
97 Stony Brook Drainage & Future Lighting $0.00 $62.00 $62.00
98 Oro Monte Estates Drainage $8.22 $36.78 $45.00
_ ~
102 Meadowlark Acres -Drainage & Future Street Lighting $44.74 $62.90 $107.64
108 El Verano Estates Subdivision -Street Lighting & Drainage $33.06 $20.94 $54.00
1 12 Young & Hobart Subdivision -Drainage & Future Lighting $17.46 $79.54 $97.00
116 Pistachio Grove Subdivision -Street Lighting & Drainage $47.90 $30.10 $78.00
l23 McIntosh Avenue -Street Lighting & Drainage $70.12 $35,88 $106.00
128
I Wildflower Estates Subdivision -Street Lighting, Drainage & Fire Protection $119.22 $27.0] $146.23
~ 129
~ Orchard House Estates -Street Lighting & Drainage $31.80 $30.20 $62.00
~131 Walnut Manor -Street Lighting, Drainage & Future Landscape Maintenance $30.80 $13.20 $44.00
133 Ceres Avenue Subdivision -Street Lighting & Drainage $42.30 $38.70 $81.00
134 Baker's Dozen Subdivision -Street Lighting & Drainage $54.40 $40.60 $95.00
137 Durham-Dayton Industrial Partners -Fire Protection $298.75 $701.25 $1,000.00
143 Forrest Young -Street Lighting, Drainage & Future Bike Path $64.42 $60.58 $125.00
155 Laurelwood Estates -Drainage, Fire Protection & Future Lighting $169.18 $120.82 $29Q00
156 Canyon Ranch Estates -Drainage & Future Lighting $17.10 $40.90 $58.00
158 Ishi Valley Estates -Street Lighting, Drainage & Fire Protection $111.40 $93.60 $205.00