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7 " i'%' Resolution No. 16-102
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(ORCHARD HOSPITAL)WITHIN THE BOUNDARIES OF COUNTY SERVICE
AREA 37 IN THE UNINCORPORATED AREA OF THE COUNTY TO BE HELD NOVEMBER 8,2016 AND CONSOLIDATING
THAT ELECTION WITH THE GENERAL ELECTION TO BE HELD NOVEMBER 8,2016
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 coterminous 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. Orchard Hospital, which is the sole provider of critical emergency room facilities within these
communities, faced 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" provided by special property taxes adopted in 2006); and
3. Closure of Orchard 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 CSA 37; and
4. The continued levy of a special tax within the area coterminous 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 Orchard Hospital's emergency room so as to provide these critical services within
the southern portion of Butte County; and
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 there on, to renew
the 2006. special property tax in order to be able to fund standby costs of providing emergency room services in a critical
access hospital(Orchard Hospital) and has adopted Ordinance No.4116 to reenact a special property tax for this purpose,
subject to voter approval; and
WHEREAS, if approved by the voters, the special property tax for standby costs of providing emergency room
services in a critical access hospital (Orchard Hospital)will be used solely for the purpose of covering the standby costs of
providing those services within the boundaries of CSA 37; and
WHEREAS, if this special property tax is re-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 XIII B of the California Constitution;and
WHEREAS, said ordinance proposes, subject to approval by a two-thirds majority vote of the voters of the
unincorporated area of CSA 37, that Article IIA of Butte County Code Chapter 21, entitled "Taxation," imposing a special
property tax (special tax) in accordance with the provisions of Articles XIII A and XIII C 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 unincorporated area of the
County of Butte within the boundaries of Service Area 37, be renewed for an additional term of ten years.
NOW,THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Butte as follows:
1. Butte County Ordinance No 4116 having been duly adopted on July 26, 2016, reenacting a special
property tax for the funding of the standby costs of emergency room services of Orchard Hospital, and
calling for an election of the voters within the special benefit zone established in said ordinance on
November 8, 2016, it is hereby ordered and directed that; and
2. The special property tax election, regarding the renewal of the tax enacted by Ordinance No. 4116 is
hereby ordered consolidated with the general election to be held on November 8,2016.The Butte County
Clerk/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 for and against
the tax measure are to be submitted. The costs of said election are to be paid by the County; and
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; and
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 are described in Exhibit "A,"
attached hereto and incorporated by reference; and
5. The Board hereby authorizes and directs the Clerk of the Board of Supervisors to file with the Butte
County Clerk/Recorder certified copies of this resolution; and
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 Voters/Elections 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; and
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 Voters/Election Official before 5:00 p.m., August 19, 2016. Rebuttal arguments shall be
submitted to the Butte County Clerk/Recorder before 5:00 pm,August 26, 2016. Any argument shall not
exceed 300 words in length and shall be accompanied by a Statement of Accuracy and shall be signed by
the author(s), but not by more than five persons. Any rebuttal shall not exceed 250 words in length and
shall be accompanied by a Statement of Accuracy and shall be signed by the author(s), but not by more
than five persons; those persons may be different persons than those who signed the direct arguments;
and
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's/subcommittee's discretion,the arguments may also be signed by bona fide
organizations or by individual voters.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte on the 26th day of July, 2016, by the
following vote:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
BILL CONNELLY,Chair
Butte County Board of Supervisors
ATTEST:
PAUL HAHN, Chief Administrative Officer
And Clerk of the Board of Supervisors
1
By
Deputy 4
„......4 411 ...._
EXHIBIT "A"
Commencing at the intersection of the 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 Line 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 20 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 20 N.R. 2 E.M.D.M; thence
along section line, 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 114 section corner between Sections 19 and 30, 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, 100
feet, more or less, to the northeast corner of Chardon Colony, being in the west line of said South
Thermalito, three-fourths mile, more or I ess, to intersection with the center line of Feather River;
thence meandering down stream,Southerly, along center line of said Feather River, following its
various meanders, fourteen 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 Line 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 said 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.