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HomeMy WebLinkAbout06-116Resolution No. A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE GIVING NOTICE OF AN ELECTION REGARDING IMPOSITION OF A SPECIAL PROPERTY TAX TO FUND STANDBY COSTS OF PROVIDING EMERGENCY ROOM SERVICES IN A CRITICAL ACCESS HOSPITAL (BIGGS-GRIDLEY MEMORIAL HOSPITAL) WITHIN THE BOUNDARIES OF COUNTY SERVICE AREA 37 IN THE UNINCORPORATED AREA OF THE COUNTY TO BE HEED NOVEMBER 7, 2006 AND CONSOLIDATING THAT ELECTION WITH THE GENERAL ELECTION TO BE HELD NOVEMBER 7, 200b WHEREAS, the Board has determined: 1. It is critically important to the residents and businesses located within the cities ' of Biggs and Gridley and the adjacent unincorporated area of Butte County (which is co-terminus with the area within the boundaries of County Service Area ("CSA") 37) that a hospital within these communities be available to provide emergency room services; and 2. The Biggs-Gridley Memorial Hospital, which is the sole provider of critical emergency room facilities within these communities, is facing the closure of its emergency room in the absence of funding of the costs of emergency room services which are not otherwise offset by the revenues from operation of the emergency room (referred to herein as the "standby-costs"); and 3. Closure of the Biggs-Gridley Memorial Hospital's emergency room would constitute a significant detriment of and to the health, welfare and safety of the citizens residing within the area encompassed by the CSA 37; and 4. The levy of a special tax within the area co-terminus with the boundaries of CSA 37 and corresponding special taxes levied in the cities of Biggs and Gridley, is necessary to provide funding to maintain operation of the Biggs-Gridley Hospital's emergency room so as to provide these critical services within the southern portion of Butte County; and 1 WHEREAS, the Board has also determined that it is in the best interest of the citizens within the unincorporated area of CSA 37 to seek voter approval, which will require approval by two-thirds of the voters voting thereon, for a proposed special property tax, in order to be able to fund stand-by casts of providing emergency room services in a critical access hospital (Biggs- Gridley Hospital} and has adopted Ordinance No. 3937 to enact a special property tax for this purpose, subject to voter approval; and 'WHEREAS, if approved by the voters, the special property tax for stand-by costs of providing emergency room services in a critical access hospital (Biggs-Gridley Hospital) will be used solely far the purpose of covering the stand-by casts of providing those services within the boundaries of CSA 37; and WHEREAS, if this special property tax is approved by the voters, the County may exceed, by the amount of the revenue collected pursuant to the levy of the special property tax, the spending limit as previously established for the County in accordance with the provisions of Article XTII B of the California Constitution; and WHEREAS, said ordinance proposes, subject to approval by atwo-thirds majority vote of the voters of the unincorporated area of CSA 37, that Article IIA. to Chapter 21, entitled "Taxation", be added to the Butte County Code imposing a special property tax (special tax) in accordance with the provisions of Articles XIIIA and XIIIC of the California Constitution and Sections 23027, 50075, 50076, 50077 and 53722 et. seq. of the California Government Code, which special tax will be applicable in the unincorporated area of the County of Butte that is coterminous with the uzxincorparated area of the County of Butte within the boundaries of Service Area 37. NOW, THEREFORE, BE YT RESOLVED, by the Board of Supervisors of the County of Butte, State of California, as follows: 1. Butte County Ordinance No. 3937 ,having been duly adopted on 7uly 25, 2006, enacting a special property tax for the funding of the stand-by costs of emergency room services of the Biggs-Gridley Memorial Hospital, and calling for an election of the voters within the special benefit zone established in said ordinance, it is hereby ordered and directed that 2 2. The special property tax election, regarding the tax enacted by Ordinance No 3937 is hereby ordered consolidated with the general election to be held on November 7, 2006. The Butte County C1erk/Recorder is designated as the Elections Official for said special property tax election and is hereby authorized and directed to provide all notices and take all other actions necessary to holding the said election, including (but not limited to) providing notices of times within which arguments far and against the tax measure are to be submitted. The costs of said election are to be paid by the County. 3. Said election shall be held and conducted pursuant to the procedures specified in Part 3 of Division 10 of the Elections Code commencing at Section 10400. 4. For the purposes of this election the "County Voters" shall include all voters within the boundaries of CSA 37 in the unincorporated area of the County, the boundaries of which aze described in Exhibit "A", attached hereto and incorporated by reference. 5. The Boazd hereby authorizes and directs the Clerk of the Board of Supervisors to file with the Butte County Clerk/Recarder certified copies of this resolution. 6. The Clerk of the Board of Supervisors is hereby directed to submit copies of the ballot measure to the County Counsel, who shall prepare an impartial analysis of this measure in accordance with Elections Code 9280. The analysis shall be submitted by the County Counsel to the Registrar of VoterslElections Official, for printing by the date set by the Registrar of Voters/Elections Official. The analysis shall not exceed 500 words in length and shall otherwise comply in all substantial respects with the applicable provisions of the Elections Code of the State of California. 7. Arguments for and against the measure shall be filed in accordance with this resolution and applicable provisions of law. Arguments for and against the measure shall be submitted to the Butte County Clerk and Registrar of Vaters/Election Official before 5:00 p.m., August 10, 2006. Rebuttal arguments shall be submitted to the Butte County Clerk /Recorder before 5:00 pm, August 21, 2006. Any argument shall not exceed 300 words in length and shall not be signed by more than five persons. Any rebuttal shall not exceed 250 words in length and shall not be signed by mare than five persons; those persons maybe different persons than those who signed the direct arguments. 3 8. The Chairman of the Board or a designated subcommittee consisting of Supervisors are hereby authorized to prepare a written argument in favor of this measure not to exceed 300 words, on behalf of the Board. At the Chairman'slsubcommittee's discretion, the arguments may also be signed by bonafide organizations or by individual voters. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Butte, State of California, on the 25th day of July , 2006, by the following vote: AYES: Supervisors Connelly, Dolan, Houx, Yamaguchi and Chair Josiassen NOES: None ABSENT: None NOT VOTING: None T ~SIASSEN, Chair of the utt ounty Board of Supervisors ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board of Supervisors B. Deputy 4 Commencing at the intersection of t h e section line between Sections Four and Nine, T. 19 N, R. 1 E. M.D.M., with the center line of Butte Creek, in the Boundary Lane between Butte and Glenn Counties; thence along Section lines, Easterly, six and three-fourths miles, more or less, to the corner of Sections 3, 4, 9 and 10, T. 19 N, R. 2 E. M.D.M; thence along section line, North, one mile, to the corner to Sections 3, 4, 33 and 34 T. 19 and 2D N.R. 2 E,M.D.M; thence along township line, East, two miles, to the corner to Sections 1, 2, 35 and 36, T, 19 and 2D N.R. 2 E.M.D.M; thence along section lane, South, one mile, to the corner to Sections 1, 2, 11 and 12, T. 19 N. R. 2 E.M.D.M; thence continue South, along section line, one-fourth mile, more or less, to intersection with the easterly property line of the former Gage and Glass property, also known as the old Spring Valley Canal; thence along said easterly line of said old Spring Valley Canal on easterly boundary of aforesaid Gage and Glass property southerly, four miles, more or less, to intersection with the east and west center line of Section Twenty-seven T. 19 N.R. 2 E.M.D.M; thence along half-section lines, East, two and one-fourth miles, more or less, to the center corner of Section Twenty-five, said township; thence along half-section line, South, one-half mile, to the 1/4 section corner between Sections 25 and 36, said township; thence along section lines, East one mile, to the 1/4 section corner between Sections 30 and 31, T. 19 N. R. 3 E.M.D.M; thence along half-section line, North, one mile, to the 1/9 section corner between Sections 19 and 3D, said township; thence along section lines, East, two and five-eights miles, more or less, to intersection with. the east line of Block No. 180 of South Thermalito; thence South, along east line of Block Nos. 180, 204 and 211 of said South Thermalito, and an extension thereof, to the south line of Timothy Avenue; thence West, lOD feet, mare or less, to the northeast carnet of Chardon Colony, being in the west lane of said South Thermalito, three-fourths mile, more or less, to intersection with the center line of Feather Raver; thence meandering down stream, Southerly, along center lane of said Feather River, following' its various meanders, fouxteen miles, more or less, to inter--section with, the line between Sections 22 and 27, T. 17 N.R. 3 E.M.D.M., being identical with the northeast corner of Sutter County; thence West, on section lines, along County Boundary Lane between Butte and Sutter Counties, fifteen miles, more or less, to intersection with the center line of Butte Creek, being identical with the corner of Butte, Sutter and Colusa Counties; thence along sand center line of said Butte Creek, following its various meanders, Northerly, and along Boundary line between the Counties of Butte and Colusa, and between Butte and Glenn Counties, fifteen miles, more or less, to the place of beginning, excluding therefrom, the incorporated areas within the cities of Biggs, Gridley and Oroville. EXHIBIT "A"