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ORiIINANCE NOT IN EFFEC'T - REFER TO ORDINAI~CE N0. ~
)
Ordinance No . 2890
PROPERTY TAX ADM~NISTRATIVE COST RECOVERY IMPLEMENTATION
'~he Board of Supexvisars of the Coun~y o~ But~e ordains as
~oiioWS.
Chap~er 21 to the County Ordinance Code is amended to provide ~or
;the recovery o~' property tax administrative costs to read:
Sec. 2I-1..3. Property Tax Administrative Cos~ Recovery; Purpose
a~d Authori~~r. This ordinance implemenf.s in Butte County the
provisions of Revenue and Taxation Code Section 97 (1990 Statutes,
Chapt~r 466, Section. 4(SB 2557)) which provide for the recovery by
coun~ies of property tax administrative costs.
Sec. 21-1.3.1. Property_Tax`Administrative_Cost_Recovery. In
each ~iscal year, Butte County shall xeceive from, or on behalf of,
every incorporated city and every oth~r Zoca1 jurisdiction ~or which
th~ county provi.des property tax assessment and col~ec~ion servic~s,
an amoun~ equal ~.o the county's property tax adzninistrative costs
pxoportionately attribu~able to such incorpora~ed city or local
jur~.sdiction for the previous fzscal year.
Sec. 21-1.3.2. "Local J~risdiction" defined. "Loca3.
Jurisdictian" means the County of But~e and every schooJ. district,
redevel.opment agency, special distric~t, or other gove~nmental entity,
excepting inco~porated cities, ~or or on behalf a~ which Butte County
provides property tax assessment or collection services.
Sec. 21-1.3.3. Auditor-Cont~oller Report. zn every fiscal. year
the Audito~-Controller sha11. report to ~he Boa.rd of Supervisors the
property tax - related costs of the ASSGSSOx'r Tax Collecto~ and
Auditor, inc~.uding the applicab~e administrat~.v'e overhead costs
permitted by the ~edera~ circul.ar A-87 standards 1as~ approved by the
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State of California for Butte County, for the previaus fiscal year,
proportionately a~tributable to each incorporated ci.ty and to each
local. jurisdiction in, the ratio af proper~y ~ax revenue received by
each incorporated city and 1oca1 juri~diction divided by the total
property tax xevenue received by a11. incorpora~ed ci~ies and ].ocal
ju~isdicti.ons in the county for the previous fiscal year. Such repor~
sha~l constitute proposed charges against each inGOrporated city and
lacal juri~diction for its proportion of such adminis~ra~.ive costs.
Sec. 2].-I.3.4. Pub].ic Hearing._
{a} Af~er its rec~ipt of the report from the Auditor--co~troii~~
of the property tax - rela~ed costs o£ the Assessor, Ta~ Collecto~ and
Auditar proportionately attr~.butab~e ~o each incorpora~ed city and
loca~ jurisdiction in Butte County far the previous fiscal year, ~he
Board o~ Supervisors and the Auditor-Cant~oller sha~l jointly hold a
publ.ic h~aring a~ whieh any incorparated ci~.y and ~.ocal. jurisdiction
may £ile written objections to ~.he report of the Auditor~-Controlier,
and at which an.y persan may make oral or wri~~.en presentat~.ons
concerning the report, at a regularly scheduled meeting a~ the Board
of Supervisors.
(la) The Clerk af the Board shall. publish no~ice o~ the time and
pZace of ~he hea~ing and a genex~al explanation of ~he matter to be
considered as required by Government Code Section 54994.1; and the
C~.erk o~ tha Soard shall make availabZe notice of the hearing,
~~incZuding a g~n~raZ explan:ati.an of the matter ta be consider~d and a
statement that the data requir~d by the secta.on ~.s available, as
required by Government Code Section 54986, together wi~h a copy af the
report, to every incorpora~ed city and ~acal ~~risdiction in Butte
IlCounty .
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Sec. 21-~.3.5. ~indings and Determinations.
(a) After hearing, the Board a~ Superv~sars and the Auditor-
controii~r shall severa~~y make ~indings and determinations on th~
report and an each wri~~en objection received, and the Board of
Supe~viso~s and ~he Auditor-Con~roller sha11 severa~Iy determine the
property tax administrative costs proportionately attribu~able ta each
inao~porated city and to each local jurisdictian for the pr~or fiscal
year.
(b) The Clerk of the Soard shall give notice to e~ery
incorporated city a~d ~o each local jurisdiction in B~~~e County of
;such ~indings and dete~mina~ions.
Sec. 21-~.3.6. Collection of Property Tax Adm~nistrative Casts.
(a) The Auditor-Control~er shall adjus~ each city's and the
County's property tax aZlocation by the amount d~termined for each
city in the above paragraph in accordance with the requirements o~
Section 97(e) of the Revenue and Taxation Code.
(b) B~ginning in tisca~ y~a~ 1990-91 the Audito~-Cantroller
shall submit an invoice to ali local ~urisdic~ions other ~han Butte
County for the property tax administrative costs ~or the prior fiscal
year attributable to such ~ocaZ jurisdic~ions.
~c) In add~t~on to any remedy otherwise available to it, ~he
counfy may retain up ~o one-hal~ of any increased property tax
a~Zocat~on ta which an incorparated city or a Zocal ~urisdic~ion may
otherwise be entitled, bu~ not ~o e xceed the amoun~ of property tax
administra~ive costs to which the county is entitled plus accrued
interest.
(d} Any invoice for property ~ax admanis~ra~ive costs which
remains unpaid in who~e or in part a~ter 30 days and for which the
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county is unable to retain increased proper~y ta~ al~.ocations, shall
bear in~.erest at the Iega1. rate per annu~n estab]~ished p~zrsuant to
Section 685.010 of the Code af Civil Procedure, on ~he unpaid balance
~hereof.
Effective Date. This ordinanc~ b~com~s ~ffective 30 days after
passagE, but shall not become operat~ve until Jan~ary 1, 1991, and
within ~5 days of passage shal~ be published ance wi~h the names of
the supervisors voti.ng fo~ and against it in the
, a newspaper publ~shed a.n this County.
Severabili~~~ If any section, subsection, subdivisian,
paragraph, sentence, c~ausa or phrase of ~his ordinance ar any part
thereo~ is for any reasan he1c1 to be invalid ar unconstitutional, such
decision shall no~ affect the va~idity of the rennaining por~.ion af
this ordinanca or any part the~eof. The County hereby declares that
it wo~Zd have passed each section, subsect~on, subdivision, paragraph,
sentence, clause or phras~ the~~o~, irrespective of the ~act that any
one or more section, subsection, subdivision, paragraph, sentence,
clause or phrases be declared invaiid or unconstitutivnal.
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PASSED AND ADOPTED by the Baard of Supervi.sors of the County of
' Butte, S~.a~e o~ Ca~ifo~nia, or~ the ~8th day of December ,
I990, by the following vote:
AYES: Supervisors Eul.ton, Mclnturf, Vercruse and Chairman NicLaughlin
NOES : None
ABSENT : Supe~visor polan
NOT VOT~NG: None
~ ~ c
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ED McLAUGHLIN, C ir o~ the
Butte CQ~t~ 8,~a~~d of Supervisors
U
IATTEST:
WILLIAM H. RANDOLPH, Chief Adzninistrative
Officer and Clerk of the Baard
,
By
I~(Proper~y.ord)
ORDINANCES NOS. 2890 AND 2891 ARE NOT I~ EFFECT
PLEASE REFER TO BOARD M~NUTES OF J1~i~iUARY 8, 1991, M~NITTE
ORDERS 91-02{1) AND 91-02{19), ORI7INANCES NOS. 2897 AND 2$98