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ORDINANCE NO. 335 7
AN ORDINANCE AUTHORIZING IMPOSITION OF A SPECIAL TAX FOR PROVIDING
SERVICES IN CSA 164 {ANIMAL CONTROL}
The Board of Supervisors of the County ofButte ordains as follows:
Section 1. Article IX is added to Chapter 21 of the Butte County Code to read as follows:
"COUNTY SERVICE AREA 164 (ANIMAL CONTROL) SPECIAL TAX,
~I SECTION 21-116. DEFINITIONS.
For the purposes of this ordinance, the following words and phrases shall have the meanings
respectively ascribed to them by this section unless the context clearly requires a different meaning. The
definition of a word or phrase applies to any of that word or phrase's variants.
CSA means CSA 164 (Animal Control}.
Parcel of real property means a separate parcel of real property having a separate Assessor's
parcel number as shown on the secured tax rolls of the County of Butte.
Special tag means that special tax authorized by and imposed pursuant to this ordinance. The
tax is a special tax within the meaning of Article XIII A, section 4 and Article XIII C, section 1 of the
California Constitution.
SECTION 21-X17. AUTTIORITY.
This ordinance is adopted pursuant to Article XIII A, section 4, Article XIII B, section 4, and
Article XIII C, section 2(b) ofthe California Constitution, Government Code Section ZS210.6a, Article
3: 5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the California
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Government Code, and Article 3.7 (commencing with Section 53720) of Chapter 4 of Division 2 of Title
15 of the California Government Code.
I SECTION 21-118. DETERMINATION OF NECESSITY.
The Board of Supervisors has heretofore levied service charges upon the parcels of real property
within the boundaries of the CSA, pursuant to Government Code Section 25210.77x, to pay for the cost
of the services provided by the CSA. However, due to the passage of Proposition 218 on November
5, 1996, adding Article XIII D, Section 6(b}(5}, to the California Constitution, such services are "general
govemmental services" and such service charges are "fees" which cannot be imposed beginning July 1,
1997. There are no other adequate funds presently available or anticipated to be available for the fiscal
year heguaning July 1, 1997, to pay for the full cost of such services. Therefore, the amount of revenue
which will be available to the CSA commencing with the 1997-98 fiscal year will be inadequate to meet
the cost of providing services at the existing level.
SECTION 21-119. PURPOSE OF SPECIAL TAX.
The purpose for which the special taxis authorized herein is to maintain animal control services
within CSA 164, to the extent possible, at the same level as in 1996-97 and to provide a stable and
adequate source of revenue to meet the costs of providing such services, to replace the current 1996-97
service charges.
SECTION 21-120. SPECIAL TAX AUTHORIZATION AND LIMIT.
The Board of Supervisors is authorized to levy a special tax each year on each parcel of real
property within the CSA, except parcels of real property awned by a federal, state, or local agency, for
the purpose stated in Section-4 of this ordinance. The special tax may be levied in an amount not to
exceed $5.00 per parcel of real property per year. The Board shall set the rate of the special tax each
year as provided in Section-6 of this ordinance, provided that in no year shall the tax exceed the
maximum amount per parcel specified in this section.
SECTION 21-121. REPORT AND HEARING ON SPECIAL TAX.
Each year prior to the imposition of the special tax, a report shall be prepared in the same manner
as specified in Article Vr of Chapter 21 of the Butte County Code (commencing with Section 21-85)
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identifying each parcel of real properly subject to the tax, the owner{s) thereof, and the proposed special
tax levy thereon. Upon the receipt of such report, the Board of Supervisors shall set a da#e for a public
hearing thereon and shall cause notice of the hearing to be given in the same manner as specified in said
Article VI of Chapter 21.
SECTION 21-122. COLLECTION.
The special tax shall appear as a separate item on the tax bill and shall be collected on behalf of
the CSA by the County of Butte in the same manner and at the same time as ad valorem property taxes
and subject to the same penalties.
SECTION 21-123. EXEMPTION. Persons having ownership of more than five pazcels of
undeveloped property within the unincorporated area of the County of Butte may apply for a tax
exemption on those undeveloped parcels above five which are under a single ownership. The Treasurer-
Tax Collector, in cooperation with the Auditor-Controller and the Public Health Director, is authorized
and diurected to establish an exemption application and procedure to become effective as soon as feasible
and in the meantime to establish a refund application and procedure.
SECTION 21-124. APPROVAL BY VOTERS. The special tax authorized by this ordinance has been
approved by two thirds of the votes cast by voters of the CSA voting upon the proposition of approving
the tax at a special election held on September 16, 1997.
SECTION 21-125. AMENDMENT.
This ordinance may be amended by the Board of Supervisors; provided, however, that the
amount of the tax authorized by this ordinance cannot be increased unless an election is held in the CSA
on the question of the increase and the increase is approved by two-thirds of the votes cast."
~ Section 2. SEVERABILITY CLAUSE.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to
be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not
affect the validity ofthe remaining portions of this ordinance. The Board of Supervisors hereby declares
ij that it would have passed this ordinance and every section, subsection, sentence, clause or phrase thereof,
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irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be
declared unconstitutional or invalid.
Section 3~FFECTIVE DATE.
This Ordinance is adopted upon this date, October ~ 1997, which is the date the vote
referred to in Section 1 above {Butte County Code Section 21-I24) has beeni declared by the Board of
Supervisors. This ordinance shall take effect immediately upon this date. This Ordinance shall be
published once with the names of the members of the Board of Supervisors voting for and against it in
the Chico Enterprise-Record newspaper published in the County of Butte, State pf California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 14th day of October 1997, by the following vote:
AYES: Supervisors Beeler, Houx, Josiassen and Chair Davis
NOES: None
ABSENT: Superv~,sor Dolan
NOT VOTIl~TG: None
I ATTEST:
JOHN S. BLACKLOCK,
Chief Administrative #ficer anal
Clerk f the Board
By ~ G~.
~ (164tax. ord)
red Davis, Chair, Butte County
Board of Supervisors
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