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2 Ordinance No . 3768
3 AN ORDINANCE AMENDING CHAPTER 3 OF THE BUTTE COUNTY CODE
4 REGARDING CERTAIN COSTS CHARGEABLE FOR PROCESSING APPLICATIONS FOR
S FRANCHISE AWARDS, TRANSFERS AND RENEWALS
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7 The Board of Supervisors of the County of Butte ordains as
8 follows:
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10 Section Z. Article XV, entitled "Franchise Processing Cost Fees,"
11 Comprised of Section 3--140, entitled "Franchise Processing Costs" is
12 added to Chapter 3 of the Butte County Code to read as follows:
13 "Section 3-140. Franchise processing costs
14 For new franchise awards, franchise transfers, and/or franchise renewals, except for those
15 franchise awards, franchise transfers andlor franchise renewals wherein negotiations
16 commenced prior to 9111101, costs to be borne by the grantee, unless otherwise specified
17 in the grantee's franchise, shall include, but shall not be limited to, all costs incurred for
1 S publication of any notice of a public hearing on the franchise award, transfer, ox renewal,
19 all costs incurred in the development and publication of relevant ordinances or
20 agreements, and any cost not covered by the application fees but reasonabl~~ incurred by
21 the county in its study,preparation of proposal solicitation documents, and evaluation of
22 applications, including, but not limited to, consultant and attorney fees and county staff
23 time. "
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25 Section 2. Authority.
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This ordinance is enacted pursuant to
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1 Government Code Section 66018, Article I, Section 1 of the Butte
2 County Charter, and Article XI, Section 7 of the California
3 Constitution.
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S Section 3. Findings. The Board of Supervisors finds that the
6 processing costs as enacted by this ordinance sha11 not exceed the
7 actual total direct and indirect costs of providing the services for
8 which each such cost is to be passed through or charged.
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10 Section 5. Severability.
11 If any provision of this Ordinance or the application thereof to
12 any person or circumstances is far any reason held to be invalid by a
13 court of competent jurisdiction, such provision shall be deemed
14 severable, and the invalidity thereof shall not affect the remaining
15 provisions or other applications of the Ordinance which can be given
16 effect without the invalid provision or application thereof.
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18 Section 6. Effective Date and Publication. This Ordinance shall take
19 effect thirty (30) days after the date of its passage. The Clerk of
20 the Board of Supervisors is authorized and directed to publish this
21 ordinance before the expiration of fifteen (15) days after its
22 passage. This Ordinance shall be published once, with the names of
23 the members of the Board of Supervisors voting for and against it, in
24 the Chaco enterprise , a newspaper of general
25 circulation published in the County of Butte, State of California.
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1 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
2 State of California, on the 11th day of September 2001, by
3 the fallowing vote:
4 AYES: Supezvisors feeler, Ao lan, Houx, Yamaguchi and Chair Josiassen
5 NOES : None
6 ABSENT : None
7 NOT VOTING : None
8 T OSIASSEN, Chair of the
t County So ard of Supervisors
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14 ATTEST:
JOHN S. BLACKLOCK, Chief Administrative
11 Officer and Clerk of the Board
12 .Q,~~
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