HomeMy WebLinkAbout99-001`~=~Qrj
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'~'' BOARD 01= SUF~ERVISORS
~~ `' ' *~ COUNTY OF BUTTE, STATE OF CALIFORNIA
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;~' Qpui3'1'';~,•~ Resalufion Na. 99-oi
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RESOI.I'T10N MAti1NG APPLICATION 'TO THE BUTTE LOCAL AGENCY FORMA"["ION
C0~1RlISS1ON REGARDING A PROPOSAL rl'O ANNEX TO COUNTY" SERVICE .AREA l3" FOR
FIRE PROTECTION SERVICES AND DIREC"TING COMMENCEMENT OF PROCEDURES TO
ll1'IPOSF.. NEW SF;RVICE CHARGES IN T'HE AREA T'O BE ANNEXED AND SETTING A PUBLIC
HEARING "TO CONSIDER LEVYING SUCH CHARGES FOR FISCAL YEAR 1999-2000 AND
FI'TURE: 1'F.,AR5
WHEREAS, North ~%alleV 13~iilc~in~ Systems, the owner of that certain parcel e~t~rea[ ~~rc~~~ert~~ identified a~
-lssessor Parcel Number Od0-X90-OOS, has proposed and consented to the annexation of said parcel to County
Service Area ("C`SA"} 1 ~7 to comply with the fire protection requirements of the owner's building permit f~~r a
commercial building on said parcel; and
W FI EI2EAS, the Board of Supervisors of the County of Butte intends to consider the said annexation to
CS,a f 3?; and
WHI~:REAS, the purpose of said annexation is to allow CSA I ,7 to provide fire protection services to said
parcel; and
!WHEREAS, less than twelve (12) registered voters reside ~h~ithin the proposed annexation area and
VV'HEREAS, the proposed annexation area is not within the sphere of influence ofany existing public entity
providing extended fire protection services; and
WHEREAS, no proceeding for the annexation to such CSA shall be instituted by this Board or regi.~ested
by its members until approval ofthe Butte Local Agency Formation Commission ("LAFCo") is tirst obtained, except
as otherwise provided herein; and
WHEREAS, it is the intention of the County of Butte to annex the parcel to CSA 137, if approved by
LAFCo and if service charges can be established in an adequate a-fi~ou-1t to provide the contemplated services: and
WHEREAS, the CSA will not receive any property tax revenue, but Government Code Section 25210 77a
contains authority for the County of Butte to establish and collect service char~~es f-or extended services provided
tluou~~h a county service area or zone; and
WHEREAS, the Board of Supervisors did, by ordinance adopt Butte County Code Section ? I-~> et seq.,
establishing a procedure for annually levying ~n~d collecting such charges on the tax roll; and
WHEREAS, Article Xlll D, Section 6 of the California C~onstitutian~ as adopted by passage of Proposition
? I ~ on 'Vovembe-- >. ] 99~. established procedures for levying new charges, and
WHEREAS, a written report identifying each parcel of real property receiving a pa-rt~icular extended service.
and the amount ofthe new charge for each parcel for fiscal year 1999-2000 and firture years, has been filed with the
Clerk of the Board of Supervisors and resides in the Property Tax Section ofthe. Auditors Office, and
WHEREAS, the Board wishes to ~,ive notice ofand to hold a public hearin~~ to c.t~nsider levviu~~ such ne«
service charges for fiscal year 1999-2000 on the said parcel, in accordance with the procedures specified -n Art-cle~
X1ll D, Section 6, of the California Constitution, and as set forth in Exhibit A attached hereto.
NOW', 'THEREFORE, BE IT RESOLVED, by the Board of Supervisors as follotivs
That an ~~-pplication and a proposal are hereby -nade to the Local Agency Formation Commission in
accordance with the Cortese-Knox Local Government Reorganization Act of 19~>, as set forth in Division 3, Title
5 of the California Government Code, commencing with Section 56000, for annexation to County Service Area
("CSA°') 137 with the sphere ofintluence to be co-terminus with its new boundaries.
That the exterior boundaries of the parcel proposed to be a-lnexed to CSA 137 are described in
Exhibit "B" attached hereto and made a part hereof by this reference.
3. That the annexation to said CSA is proposed under the County Service .Area Law (Chapter ?.?. Part
?., .Division 2, Title _> of the Government Code, conunencing with Section 25210_ I ).
4 'That the type of extended service proposed to be provided is fire p--otection.
5. That a public hearing is set for March 9, 1999 at 10:00 a. m. pursuant to Article 7 of Chapter ?? of~
Part I of Division 2 of Title 3 of the Gover-~-T~ent Code (commencing with Section 25210.70) and Article V I of
Chapter 2l of the Butte County Code (commencing with Section 21-85) to hear and consider all objections or
protests, if any, and to adopt. --evise, chan~~e, reduce or modify any charge as described iii the report a-id thereatier,
by resolution, to confirm the report and levv the charges, in an amount not exceeding the anxa~-nts set fiuti~ ~n E~xhihit
A for fiscal year 1999-2000 a-id for nature fiscal years.
6 The Clerk of the Board of Supervisors (`Clerk") is directed to conduct a ballot proceeding in connection
with the hearing, to publish notice of the hearing, as required by Butte County Code Section ? 1-f~~, and to mail the
notice, as required by Section 6 (a} of article 7~Ili D of the California Constitution. to the record 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 a-~wunt of the proposed new charge was calculated. the reason for
r_he ne~v cha-~~e, and the dato, time and location of the public hearing. Notices mailed shall rilso include a ballot
identifyin~~ the Assessor Parcel Number of the property and includin~~ spaces for the propert~~ owner to vote `~YYes"
to approve the new charge or "No" to disapprove the new charge and shall include information stating that the ballots
shall be sub-Ilitted to the Clerk as specified in Section 7 k below. A "No" vote shall be treated as a protest against
the now charge.
"7 The Clerk, with the assistance of the Clerk-Recorder /Registrar of L'oters of t}1e County of Butte. Public
Works Department, Auditor-Controller and Assessor, is directed to conduct the ballot proceeding required by
paragraph 2 abave in substantial compliance with the following procedures and requirements:
a ~'he ballot proceeding shall be conducted on March 9, 1999, pursuant to the requirements of Sectio-a (3(c)
and following procedures similar to those specified i-~ Section =~ (d) and (e), of Article Mll [) of the
~1_'alifi,~rnia Const-tution, as specified below,
b. ~l'he ballot proceeding shall be conducted in conjunction with the protest hetu~in~~ and will be referred t~~
as a "Property Owner Ba11at Proceedin~~"
c. "The Auditor-Controller shat] provide the Clerk with a ee-rtified copy ofthe po--tion ofthe current tax roll
relating to the property to be charged.
d. Fo-~ly-five (45) days prior to the ballot proceeding the Clerk shall n~tail ballot proceeding materials,
including the notice referred to in Section 2 abave, to the legal owner of each parcel of real property which
will be subject to the charges within the area to be annexed to the said CSA, as their -lames and addresses
appear on the said tax roll,
e. ~hkle ballot proceeding materials mailed to each owner shall identify the CSA, and shall include inti~rmatiun
regarding the purpose of the ballot proceeding. "I`he materials shall also include a ballot and an addressed
return envelalae with postage pre-paid, unless the owner(s) have already submitted a completed ballot on a
County-approved faun.
f. One vote may be cast as to each parcel of real property.
~. The person entitled to exercise the vote shall be the legal owner as identified on the current tax roll.
h fhe `"owner of the property' , or the autha- ized representative of the le~~al owner, nay exercise the vote
i. Where there are nuiltiple legal owners, only one of them may exercise the vote an behalf of the property,
~. The person exercising the vote shall si~~n a declaration on the ballot, under penalty of pe-ju-y, statin~~ that
he or she is entitled to vote because he or she is a legal owner of the property, is authorized by the legal
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owner(s~, or is a tenant who will be directl}~ liable to pay the incremental charge.
l: 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 the close of the hearing. A ballot postmarked prior to. br-t not
received by, the close of the hearing will not be counted.
l The Clerk may process the ballots upon receipt.
m hhe Clerk shall certify the ballot proceeding results to the Board of Supervisors upon the close of the
hearin~~ and shall request the Board of Supervist~rs to accept the results.
n. The Clerk shall retain the ballots} for six (6) months after the ballot proceeding.
o. Upon acceptance of the ballot proceeding results the Board of Supervisors will adopt a resol-.-tion
~untirm'in~~ the new charges, if approved by the le~~al owners.
p If the new char~~es are not approved by the property owners, the Board will not approve the annexation
to the, said CSA and will request LAFCo to terminate the annexation proceedings.
i;. 'That L~FCo approval of the annexation to the said CSA and the amlexation to the said CS.A shall be
~ub~cct tt.~ the conditions set t~~rth below, and The Certificate of Completion shall not be recorded until ~;uch unul-t~on~
have been fulfilled:
a. That Proposition 2 I S proceedings have been successfully co-~~pleted and the Board of Supervisors has
adopted a resi~lution confirming the service charges which have been approved to be levied on each parcel
of real property within the annexation area.
b The following fees have been paid: $29.00
9.That the Clerk of the Board is authorized and directed to file a certified copy of this Resolutio-a with the
Executive Officer of the Butte County Local Agency Formation Conur-issio-i.
PASSED AND ADOI'`TED by the Board ofSupervisars of the County of Butte, Slate ofCalifor~ua, this 12th
dal ~.~t January. I x)99 by the fullotivin~~ vote:
r~YES: Supervisors Beeler, Davis, Houx, Josiassen and Chair Davis
NOES None
r~BSENT' None
NO"I' V(YI"ING None
Chi r, Butte County
Boa d of Supervisors
~~}~{~ gL_ACI<I~OCI<_ Chief Administrative Ol~~icer
and Clerk of the Board of Supervisors
De uty
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Exti~~~rr
COUNTY SERVICE ARLA (CSA) 137
~eI'vlCe pT~OVlded:
1998/1999 Bud~et~
1998/ C 999 per parcel service charge:
Adopted maximum per parcel service charge
.Assessor's Parcels Currently Included in CSA
Fire protection
~~, ~0~7
~z98.ao
$1,000.00
040-490-010, 040-490-0?2, 040-570-(~ l4 and 040-570-015
Assessor's Parcel proposed for annexation: 040-490-008