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HomeMy WebLinkAbout03-090:~ B~JA~D OF S~IPERVIS~#~S COUNTY OF BUTTE, STATE- OF CALIFt~RNIA Resolution No. 03-090 RESOLUTION REPEALING RESOLUTIONS 93-195 AND 93-196 AND REIMPLEMENTING THE PROVISIONS OF GOVERNMENT CODE SECTIONS 76000(a), 761.01, AND 76106 RELATING TO THE CRIMINAL JUSTICE FACILITY CONSTRUCTION FUND WHEREAS, Section 76000(a) of the Government Code requires that an additional penalty of seven dollars ($7.00) for every ten dollars of specified fines, penalties and forfeitures shall be levied; and WHEREAS, The Board of Supervisors, pursuant to Section 76106 of the Government Code, is required to specify, by r esolution, the a mount of the penalty t o be a llocated to each authorized fund established by the Board; and WHEREAS, Resolution 93-195, approved by the Board of Supervisors on December 14, 1993, allocated one dollar ($1.00) to the Criminal Justice Facility Construction Fund from each seven dollars ($7.00) of penalty collected pursuant to Section 76000 of the Government Code; and WHEREAS, Resolution 93-196, approved by the Board of Supervisors on December 14, 1993, allocated four dollars ($4.00) to the Courthouse Construction Fund from each seven dollars ($7.00) of penalty collected pursuant to Section 76000 of the Government Code; and WHEREAS, the Board o f Supervisors is required by law to provide suitable criminal justice facilities; and WHEREAS, the ability of the Board to acquire, rehabilitate, construct, finance and lease such facilities, including all facilities necessary or incidental to the operations thereof, and to provide for the payment or repayment of obligations entered into for such purposes, is severely strained by reason of limitations upon county revenues; and WHEREAS, to assist in the establishment of adequate criminal justice facilities, Section 76101 of the Government Code provides for the establishment of a Criminal Justice Facility Construction Fund; and WHEREAS, Section 76101 of the Government Code becomes operative upon adoption of a resolution by the Board stating that the provisions of this Section are necessary to the establishment of adequate criminal justice facilities in the County. NOW, THEREFORE, the Board of Supervisors of the County of Butte does hereby resolve, declare and determine as follows: 1. The foregoing recitals are adopted as a part of this resolution. 2. Implementation of the provisions of Section 76101 of the Government Code is necessary to the establishment of adequate criminal justice facilities in the County. 3. Resolutions 93-195 and 93-196 are hereby repealed and replaced by this resolution. 4. Pursuant to these laws, the Board of Supervisors herein designates that from each seven dollars ($7.00) of penalty collected pursuant to Section 76000(a) of the Government Code, five dollars ($5.00) shall be allocated to the Criminal Justice Facility Construction Fund. PASSED AND ADOPTED by the Butte county Board of Supervisors this 10`" day of June 2003 by the following vote: AYES: Supervisors Dolan, Houg, Josiassen, Yamaguchi, and Chair Beeler NOES: None ABSENT: None NOT VOTING: None / ~. R. J. BE LER, Chair Butte County Board of Supervisors ATTEST: PAUL MCINTOSH, Chief Administrative Officer And Clerk of the Board of Supervisors j .h,. ,~ By: D puty r