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ORDINANCE NO. 2007-01

AN ORDINANCE OF THE BOARD OF DIRECTORS

OF THE HILTON CREEK COMMUNITY SERVICES DISTRICT

REVISING THE ROAD MAINTENANCE CHARGES

WITHIN THE JUNIPER LOOP ROAD SPECIAL ZONE OF BENEFIT

WHEREAS, the Juniper Loop Road Special Zone of Benefit was established pursuant to former California Government Code Sections 61770, et seq. (see now Government Code Sections 61140, et seq);

 

WHEREAS, the Board of Directors of the Hilton Creek Community Services District (“District”) desires to revise the road maintenance charges for the Juniper Loop Road Special Zone of Benefit.

WHEREAS, the District duly provided notice of a public hearing for June 12, 2007, at 6:00 p.m., at the Crowley Lake Community Center, to hear comments on and consider adoption of the proposed revised road maintenance charges for the Juniper Loop Road Special Zone of Benefit.

BE IT ORDAINED by the Board of Directors of the Hilton Creek Community Services District as follows:

SECTION 1.

 

Section 13.01 of Division XIII of the District Code, as added to the District Code by Ordinance No. 92-02, is hereby amended to read as follows:

 

Section 13.01. Road Maintenance Charges

 

(a) The road maintenance charges are imposed bimonthly on those parcels within the boundaries of the Juniper Loop Road Special Zone of Benefit described in Exhibit A attached hereto and incorporated herein by this reference.

 

(b) The bimonthly road maintenance charge is $74.35 for each unimproved parcel and is $212.54 for the fiscal year 7/1/07 – 6/30/08 and $172.07 thereafter for each parcel improved with a residence or commercial structure. The charges for unimproved parcels shall be adjusted annually on September 1 of each year, beginning September 1, 2008, and the charges for improved parcels shall be adjusted annually on September 1 of each year, beginning September 1, 2009, consistent with the percentage change in the Consumer Price Index for the State of California, for the prior July 1 to June 30 period, as reported for the last day of that annual period by the Bureau of Labor Statistics of the United States Department of Labor.

 

 

 

SECTION 2.

 

To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior District ordinances, resolutions, rules or regulations governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof, and such inconsistent or conflicting provisions of prior ordinances, resolutions, rules or regulations are hereby repealed.

 

SECTION 3.

If any provision of this Ordinance or application thereof to any person or circumstance is held invalid, no other provision of this Ordinance shall be affected thereby.

 

SECTION 4.

 

This Ordinance shall take effect on July 1, 2007, and shall be published within 15 days after adoption.

 

SECTION 5.

 

The establishment of the above charges is, among other things, for the purpose of continuing to provide funds to meet the District’s costs of operation and maintenance, supply and equipment, financial reserve and capital replacement needs, and is necessary to maintain road service within the Juniper Loop Road Special Zone of Benefit. The District Board therefore finds that the adoption of the above charges is exempt from application of the California Environmental Quality Act pursuant to Section 21080(b)(8) of the California Public Resources Code and directs its Secretary to execute and file a Notice of Exemption with the Mono County Clerk.

 

SECTION 6.

Pursuant to Government Code Sections 54354, et seq., delinquent charges and all penalties thereon when recorded as provided in said Government Code Sections shall constitute a lien upon the real property served and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefore.

 

SECTION 7.

 

The rates and charges set forth above are not discriminatory or excessive, will be sufficient under Government Code Section 54515, will comply with Government Code Sections 54340, et seq., and will otherwise comply with law.

 

 

 

 

PASSED AND ADOPTED by the Board of Directors of the Hilton Creek Community Services District this 12th day of June, 2007, at Hilton Creek, California.

 

AYES:

NOES:

ABSENT:

ABSTAIN:

HILTON CREEK COMMUNITY SERVICES DISTRICT

 

By:

President, Board of Directors

 

Attest:

 

 

By:

Secretary, Board of Directors

 


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