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Home My WebLink About23-065RESOLUTION INCREASING FEES AND CHARGES FOR SEWER SERVICES |NCOUNTY SERVICE AREA 82, STIRLING CITY WHEREAS, this Board mf Supervisors /"Woard"\is authorized bvGovernment Code Sections 25210and following to provide sewer service in the Stirling City County Service Area and to levy service fees, to pay for those services; and WHEREAS, in the fiscal year 3004-2005 this Board previously exercised that authority to provide for the maintenance and operation nfthe sewer system servicing the Stirling City County Service Area and levied service fees to pay for those services; and WHEREAS, altho�ughthe costs ofproviding those services have increased significantly simcetben,theoervicesfees have not been increased since 2004-2005; and WHEREAS, on April 25, 2022L a written board report was filed with this Board recommending increased sewer charges for the Stirling City County Service Area for the fiscal year 2024-25 and for each year after that; and WHEREAS, based upon that report, omApril 2E,2023,this Board initiated proceedings toconsider increasing the Stirling City County Service Area sewer fees and set a public hearing for 9:30 a.m. on June 13, 2D23,^ to consider the proposed fee increases, any protests against the proposal, any other information in support of or in opposition to the proposal, and all other relevant information; and WHEREAS, after that, The Clerk of this Board gave Notice, at times and in the manner required by |am\ that this Board would hold opublic hearing during its regular public meeting omJune 13,2Q23,atZSCounty Center Drive, OrovUe, CA to consider approval of the proposed increases to sewer service fees; mnd WHEREAS, said Notice contained the date time, and place of the public meeting as set forth above a Bemanm| explanation of the matter to be considered; the amount of the fee or charge proposed to be imposed upon each parcel!, the basis upon which the amount of the, proposed fee or charge was calculated, and the reason for the fee or charge; and stated that a detailed fee analysis concerning the proposed fee increases, including the cost mrestimated cost ofproviding the service for which, each fee isproposed tobe charged, the revenue sources anticipated Loprovide the service (including general fund revenues), and the bases of the allocation of the cost of the services, was available for review at the Office ofthe Clerk Vfthe Board; and WHEREAS, omJune 13, 2Q23Lthe proposed increases came onregularly for hearing before this Board during its regular public meeting, at the time and place specified in the Notice; and WHEREAS, on June 13, 2023, this Board opened a; public hearing on the sewer service fees; and WHEREAS, at said hearing, this Board reviewed and considered the proposed fees, all supporting information including but not Uirmited tothe, data described above, any protests against the proposal, any other information imsupport of or in opposition to the proposal, and all other relevant information presented as prescribed bvlaw; and WHEREAS, at thattime, an opportunity was given to all interested persons, o,rganizations, and agencies to present WHEREAS, the public hearing was after that closed, on June 13, 2023; and WHEREAS, 8 (6.5% of total votes) written protest(s) had been filed with the Clerk of the Board; and NOW THEREFORE BE IT RESOLVED, ORDERED, AND FOUND by the Board of Supervisors of the County of Butte as follows: 1. Each of the foregoing recitals is true and correct. 2. There are 95 parcels subject to the proposed sewer service fee increase; therefore, the protest is insufficient to constitute a majority protest. 3. This Board of Supervisors hereby adopts the Stirling City County Service Area Notice of Fee Increase Proceedings and Public Hearing attached hereto as Exhibit °A° and incorporated herein by this reference. 4. Based upon the foregoing, this Board is authorized to levy and collect increased fees for sewer service on parcels lying within the Stirling City County Service Area on an ongoing basis, year by year, as is stated in the Notice of Fee Increase on a per parcel basis. Sewer fees shall be increased by the set rate structure shown in the Notice per year, beginning in fiscal year 2024-25 and continuing through fiscal year 2031-32. Thereafter, sewer fees shall be increased annually as needed by not more than the Consumer Price Index (CPI -Wand CPI -U) for the Butte County, CA area for the most recent February to February as compiled by the Bureau of Labor Statistics. 5. Based upon the foregoing, this Board hereby levies the fees for sewer services on parcels lying within the Stirling City County Service Area on an ongoing basis, year by year, in the amounts outlined in the Notice of Public Hearing attached hereto as Exhibit A, to be adjusted annually by the approved increases herein. 6. This Board further finds that each of the following is true and correct: A. Each fee or charge imposed herein is a levy other than an ad valorem tax, a special tax, or an assessment and is imposed upon a parcel or a person as an incident of property ownership consisting of a user fee or charge for sewer service. B. These sewer service fees are property -related services, having a direct relation to property ownership. C. Revenues derived from the fee or charge imposed herein will not exceed the funds required to provide property related sewer maintenance services in the Stirling City County Service Area. D. The revenues derived from the fee will not be used for any other purpose other than that for which the fee is imposed. E. The fee imposed herein does not exceed the proportional cost of service attributable to each parcel. F. No fee is imposed unless sewer service is actually used by, or immediately available to, the owner of the property in question. No fee is imposed based on the potential of future use of either service. G. No fee is imposed for any general governmental service or any service where the service is available to the public at large in substantially the same manner as it is to property owners. 7. This Board further finds that each parcel within the Stirling City County Service Area for which sewer services are available and that each such parcel is a parcel of real property receiving said services in the Stirling City County Service Area. It is further ordered that the service fees as levied hereinabove shall be collected at the same time and in the same manner as ordinary County Ad Valorem Taxes are collected and as provided in Article VI of Chapter 21 of the Butte County Code. The Clerk is hereby ordered to forward a, certified copy of this Resolution to the Auditor -Controller and the, Treasurer -Tax Collector of the County of Butte, and the Auditor -Controller is hereby requested to post said fees to the annual tax roll of the County as outlined in Exhibit A. 10. This Resolution supersedes and replaces Resolution No. 04-175. PASSED AND ADOPTED by the Butte County Board of Supervisors this 13"' day of June 2023 by the following vote: AYES: Supervisors Connelly, Durfee, Ritter, Teeter and Chair Kimmelshue NOES: None ABSENT: Done ABSTAIN: None 0 Tocf-Kimrdels ue, Chair Butte Count3oard of Supervisors Andy Pickett, Chief Administrative Officer and the Board of up visors By Deputy EXHIBIT A District CSA # CSA Name Existing Service Charge Proposed Increase Maximum Service Charge 5 82 Stirling City Sewer $50.00/parcel + $157.62/unit See Schedule Below $90.00 + $857.62 through Year 10. CPI in Year 11 and after. Increases shall be implemented as follows: • Years 1 to 2 - $50/parcel and $157.62/unit (current rate) • Year 3 - $55/parcel and $182.62/unit • Year 4 - $60/parcel and $207.62/unit • Year 5 - $65/parcel and $232.62/unit • Year 6 - $70/parcel and $257.62/unit • Year 7 - $75/parcel and $282.62/unit • Year 8 - $80/parcel and $307.62/unit • Year 9 - $85/parcel and $332.62/unit • Year 10 - $90/parcel and $357.62/unit • Years 11 and after — annual CPI adjustment* * Based on the Consumer Price Index for the San Francisco -Oakland -San Jose, CA area for the most recent fiscal year as compiled by the Bureau of Labor Statistics, as necessary, to pay for inflationary increases to the costs of providing sewer services.