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ORDINANCE NO. 3435
AN ORDINANCE AUTHORIZING IlVIPOSITION OF A SPECL4L TAX FOR PROVIDING
SERVICES IN CSA 31 (BIGGS SW'IMMIl~iG POOL)
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article X is added to Chapter 21 of the Butte County Code to read as follows:
"COUNTY SERVICE AREA 31. (BIGGS SWIMMING POOL) SPECIAL TAX.
SECTION 21-13Q. DEFINITXONS.
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 31 (Biggs Swimming Pool}.
Parcel of real property means a separate parcel of real property having a separate Assessor's
parcel number as shown on the secured tax rally of the County of Butte.
Special tax means that special tax authorized by and imposed pursuant to this ordinance. The
j tax is a special tax within the meaning of Article XIII A, section ~- and Article XIII C, section 1 of the
I California Constitution.
SECTION 21-131. AUTHORITY.
This ordinance is adapted pursuant to Article XIII A, section 4, Article XIII B, section 4, and
Article XIII C, section 2(b} of the California Constitution, Government Cade Section 25210.6x, Article
3S (commencing with Section 50075} of Chapter 1 of Part 1 of Division 1 of Title 5 of the California
Government Code, and Article 3.7 (commencing with Section 53720} of Chapter 4 of Division 2 of
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Title 5 of the California Government Code.
SECTION 21-132. 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 25210.77a, to pay far the cost
of the services provided by the CSA. However, due to the passage of Proposition 21 S on November
5,1996, adding Article XIII D, Section 6(b)(5), to the California Constitution, such services are "general
governmental 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 beginning 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 21-133. PURPOSE OF SPECIAL TAX.
The purpose for which the special taxis authorized herein is to maintain swimming pool services
within CSA 31 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 1996-97 service charges.
SECTION 21-134. 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 owned by a federal, state, ar local agency, for
the purpose stated in Section 21-4 of this ordinance. The special tax may be levied in an amount not
to exceed $17.50 per parcel of real property per year. The Board shall set the rate of the special tax each
year as provided in Section 21-135 of this ordinance, provided that in no year shall the tax exceed the
maximum amount per parcel specified in this section.
SECTION 21-135. 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 VI of Chapter 21 of the Butte County Code (commencing with Section 21-85)
j~ identifying each parcel of real property subject tv 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 date for a public
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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 21-13fi. 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 21-137. EXEMPTION. Persons having ownership of more than five parcels of
undeveloped property within the CSA 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 such other County officer or Department as designated by the Board of
Supervisors, is authorized and directed to establish an exemption application and procedure to became
effective as soon as feasible.
SECTION 21-135. 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 June 2, 1998.
SECTION 21-139. 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.
Tf 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 of the remaining portions of this ordinance. The Board of Supervisors hereby
declares that it would have passed this ordinance and every section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared unconstitutional ar invalid.
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Section 3. EFFECTIVE DATE.
This Ordinance is adopted upon this date, July 14, 1998, which is the date the vote referred to
in Section 2I-138 above has been 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 Gridley Herald , a
newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 14th day of 3uly 1998, by the following vote:
AYES: Supervisors Dolan, Houx, Josiassen and Chair Davis
NOES: None
ABSENT: Supervisor Beeler
NOT VOTING: None /~~
Fred Davis, Chair, Butte
Board of Supervisors
ATTEST:
JOHNS. BLACKLOCK,
Chief Administrative Officer and
Clerk of the Board
B
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