Loading...
HomeMy WebLinkAbout4116 Ordinance No. 4116 AN ORDINANCE OF THE COUNTY OF BUTTE RENEWING A SPECIAL PROPERTY TAX MEASURE FOR STANDBY COSTS OF PROVIDING EMERGENCY ROOM SERVICES IN A CRITICAL ACCESS HOSPITAL (ORCHARD HOSPITAL), CALLING AND GIVING NOTICE OF AN ELECTION REGARDING THE TAX TO BE HELD NOVEMBER 8, 2016, AND SETTING AN APPROVAL MEASURE FOR THE TAX ON THE NOVEMBER 8, 2016 BALLOT The Board of Supervisors of the County of Butte, State of California, ordains as follows: SECTION 1. Special Property Tax Provisions. Subject to approval by the electors of the ballot measure described in Section 2 herein, the County of Butte hereby amends Article IIA of Chapter 21, entitled "Taxation," of the Butte County Code,to read as follows: "Article IIA. CSA 37 Area Special Property Tax for Standby Costs of Providing Emergency Room Services in a Critical Access Hospital (Orchard Hospital). Section 21A-1. Necessity,Authority and Purpose. a. The Board of Supervisors 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 1 absence of funding provided by this Ordinance for 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"); 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 levy of a special tax, as hereinafter provided 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. b. This Article is adopted in order to maintain a dedicated source of funding in the form of a special property tax that will be used exclusively for the purpose of contracting with Orchard Hospital for maintenance of the emergency room services. Section 21A-2. Special Tax Established and Levied. a. In accordance with and subject to the requirements for voter approval pursuant to 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, a special property tax is hereby re-established and shall be levied annually on all taxable real property in that portion of the unincorporated area of Butte County that is coterminous with the boundaries of CSA 37, existing 2 as of the effective date of this Ordinance, which area is hereby designated as a special zone of benefit within the County of Butte for the purpose of funding emergency room services, the boundaries of which are described in Exhibit "A," attached hereto and incorporated by reference. Commencing in the fiscal year 2006-2007, the special property tax shall be levied annually against all taxable real property, at the maximum flat rate of no more than seventy dollars ($70.00) per Single Family Equivalent Residential Unit per year. For the purposes of defining an Equivalent Residential Unit, the following categories are established: (1) Single family residential (1); (2) Multi-family residential unit (.75); (3) Condominium (.75); (4) Vacant parcels and parcels without residential units shall not be subject to the Tax. The imposition and levy of this special tax is expressly conditioned upon the re- adoption by the cities of Biggs and Gridley and the approval of their respective electorates, of special tax measures within their respective jurisdictions which also provide funding for the hospital emergency room at the same rates and for the same duration as set forth in this Article. b. For purposes of this Chapter, "taxable" properties are those not owned by the County, the State of California, any other public district or agency of the State or the United States of America. 3 c. The Tax shall not exceed the maximum amount set forth in this section 21A-2, except that the Tax shall, unless otherwise directed by the Butte County Board of Supervisors, be increased annually by the percentage equal to the percentage change in the Construction Engineering Index for the geographic area most applicable for the preceding twelve (12) month period calculated from April 1 to March 31. Provided, however, that any such annual increase in the Tax shall not exceed 3%. If this index should cease publication, the Auditor-Controller shall use any appropriate official index published by the Bureau of Labor Statistics, or successor, or similar agency as may then exist or may then be most nearly equivalent thereto. Section 21A-3. Call of Special Tax Election. a. The Board hereby calls an election to be held within the County of Butte on November 8, 2016, pursuant to 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, and Elections Code Section 9140. b. The question to be submitted to the County voters at said election shall be: Shall an existing special property tax to fund standby costs of providing emergency room services at Orchard Hospital, in the amount of $70 per residential equivalent unit per year for an additional ten years (vacant parcels and parcels without residential units shall not be subject to the tax) to raise approximately $330,000.00 per year, as enacted by Butte County Ordinance No. 4116, and a corresponding increase in the County's spending limit, be approved? 4 YES NO c. The Butte County Clerk/Recorder shall serve as the election official conducting this election, in all respects, which shall be consolidated with the general election to be held on November 8, 2016. The costs of the election shall be borne by the County. Section 21A-4. Purposes and Uses of Tax. The proceeds of the Tax shall be deposited in a special fund, maintained by the County, which proceeds, together with any interest and penalties thereon, collected each fiscal year (collectively, the "Tax Proceeds,"), shall be used solely for standby costs in maintaining the operation of emergency room services by Orchard Hospital as a critical access hospital. The revenues from the tax shall be expended only for the above specified purpose. Upon formation of the Biggs- Gridley Hospital Agency (Agency) the County may transfer the Tax Proceeds to the Agency in order to provide funding which shall be used to contract with the Hospital to fund standby costs incurred in maintaining the Hospital's emergency room. Section 21A-5. Computation and Collection of Tax. The Auditor-Controller or his/her designee is hereby authorized and directed each fiscal year, commencing with the fiscal year 2006-2007, to determine the Tax, amount to be levied for the fiscal year for each taxable parcel of real property within the boundaries of CSA 37 area in the unincorporated area of the County, in the manner and as provided in Section 21A-2. Unless otherwise required by the 5 Board, no Board action shall be necessary to authorize the annual collection of the Tax as herein provided. Section 21A-6. Accountability. Pursuant to Sections 50075.1 and 50075.3 of the California Government Code, the specific purposes of the Tax and the requirement that the Tax proceeds be applied to such purposes and the establishment of a special fund for the Tax proceeds are as set forth in section 21A-3. So long as the Tax is collected hereunder, commencing no later than July 1, 2007, or as soon thereafter after said Tax may be levied, the Auditor-Controller is hereby authorized and directed to cause to be prepared and filed with the Board a report that shows the amount of Tax collected and expended and the status of any projects funded with the Tax Proceeds. For purposes of this section 21A-6, the Auditor-Controller is authorized to retain such consultants, accountants or agents as may be necessary or convenient to accomplish the foregoing. To the extent that the proceeds of the special tax are transferred to the Biggs-Gridley Hospital Agency (Agency) to implement the purpose of the special tax, said Agency shall provide appropriate information to the County Auditor-Controller in order to provide the annual report to the Board of Supervisors. Section 21A-7. Examination of Books and Records and Annual Audit. The Auditor-Controller or his/her designee or agent, is hereby authorized and directed to examine assessment rolls, property tax records, records of the Butte County Recorder and any other records of the County of Butte deemed necessary 6 in order to determine ownership of parcels and computation of the Tax. A certified public accounting firm retained by the County will perform an annual audit to assure accountability of the proper disbursement of these Tax Proceeds in accordance with the objectives stated herein. Section 21A-8. Collection of Tax: Interest and Penalties. The Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes collected by the County of Butte; provided, however, that the Board may provide for other appropriate methods of collection of the Tax by appropriate resolution(s) of the Board. The County shall annually take such steps as are necessary to have the special property taxes collected through the property tax bill. The County shall be entitled to deduct its reasonable costs incurred in collecting the special taxes, which shall not exceed .05% of the amount of the special tax. Section 21A-9. Collection of Unpaid Taxes. The amount of the Tax, any penalty, and any interest imposed under the provisions of this Article shall be deemed a debt to the County. In addition to the real property lien status imposed by this Article and by law, delinquent taxes and penalties shall also be considered the personal debt of the person(s) owning the subject property. Any person owing money under the provisions of this Article 7 shall be personally liable to all action brought in the name of the County, at its option, for the recovery for such amount. Section 21A-10. Refund of Tax, Penalty, or Interest paid More Than Once, or Erroneously or Illegally Collected. When the amount of the Tax, any penalty, or any interest has been paid more than once, or has been erroneously or illegally collected or received by the County under this Article, it may be refunded, provided a verified claim, in writing, therefore, stating the specific ground(s) upon which the claim is founded, is filed with the Auditor-Controller within one (1) year from the date of payment. If the claim is approved by the Auditor-Controller, the excess amount collected or paid may be refunded or may be credited against any amounts then due and payable from the person from whom it was collected or by whom paid, and the balance may be refunded to such person, his/her administrators or executors. Section 21A-11. Savings Clause. The provisions of this Article shall not apply to any person, or to any property as to whom or which it is beyond the power of the County to impose the Tax herein provided. If any provision, sentence, clause, section or part of this Article is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall affect only such provision, sentence, clause, section or part of this Article and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Article. It is hereby declared to be the intention of the County that this Article would have been adopted had such 8 unconstitutional, illegal or invalid provision, sentence, clause, section or part thereof not been included herein. Section 21A-12. Regulations. The Board is hereby authorized to promulgate such regulations as it shall deem necessary to implement the provisions of this Article, including implementing this Article, which is hereby codified in Chapter 21 Article IIA of the Butte County Code. Section 21A-13. Authorization for Spending Limit Increase. To the extent that the revenue from the special property tax enacted by this Article is in excess of the spending limit for the County as calculated in accordance with the provisions of Article XIII B of the California Constitution and applicable statutory provisions, the approval of the special property tax by the voters shall constitute approval to increase the County's spending limit in an amount equal to the revenue derived from the special property tax for the maximum period of time as allowed by law. Section 21A-14. Operative Date and Termination Date. a. Operative Date means the first day that the Tax is imposed and collected. The operative date shall be the day following the certification of the election results reflecting approval of the special tax by no less than a two-thirds vote, as required by Articles XIII A and XIII C of the California Constitution. b. Termination Date. The authority to levy the Tax imposed by this Ordinance shall extend only through June 30, 2027. 9 Section 21A-15. Validation Pursuant to CCP Section 860 et. seq. Pursuant to the provisions of Government Code Section 50077.5, any judicial action or proceeding to attack, review, set aside, void or annul this Article and/or the approval of the subject special taxes and/or increase in the spending limitation pertaining to the special tax shall be commenced, if at all, within 60 days of the date of the adoption hereof. SECTION 2. Election Provisions. a. The Board hereby calls an election to be held within the County of Butte on November 8, 2016, pursuant to Articles XIII A and XIII C of the California Constitution, Sections 23027, 50075, 50076, 50077 and 53722 et. seq. of the California Government Code, and Elections Code Section 9140. b. The question to be submitted to the County voters at said election shall be: Shall an existing special property tax to fund standby costs of providing emergency room services at Orchard Hospital, in the amount of$70 per residential equivalent unit per year for an additional ten years (vacant parcels and parcels without residential units shall not be subject to the tax) to raise approximately $330,000.00 per year, as enacted by Butte County Ordinance No. 4116, and a corresponding increase in the County's spending limit, be approved? YES NO 3. The tax is a special tax and is imposed solely for standby costs of providing emergency room services in a critical access hospital (Orchard Hospital). The revenues from the 10 tax shall be expended only for those specific purposes and projects and shall be allocated by the Butte County Auditor/Controller(less administrative costs not to exceed .05%). 4. 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. 5. For the purposes of this election, the "County voters" shall include all voters in the County residing in the unincorporated area within the boundaries of County Service Area 37, as existing on the date of the adoption of this Ordinance. SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. SECTION 4. Effective date. This Ordinance, being an ordinance calling and relating to an election, shall take effect and be in force immediately upon final passage, as provided by Government Code Section 25123. Provided, however, that Section 1 of this Ordinance amending Article IIA, entitled"CSA 37 Area Special Property Tax for Standby Costs of Providing Emergency Room Services in a Critical Access Hospital (Orchard Hospital)," of Chapter 21, entitled "Taxation," of the Butte County Code shall become effective immediately upon acceptance by the Board of Supervisors of the certified results of the November 8, 2016, election (as provided by Elections Code section 15400), but only if approved by a 2/3 majority vote of the voters voting on the issue. 11 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California. on the 26th day of July, 2016, by the following votes: AYES: Supervisors 'Wahl, Kirk, Lambert, Teeter and Chair Connelly NOES: None ABSENT: None NOT VOTING: None I _ BILL CONNELLY, C air Butte County Board of Supervisors ATTEST: PAUL HAHN, Chief Administrative Officer and Clerk of the Board 0 Deputy 6\OMAN ANC1,Or}hard 11ospnel Spental 1 . en} lex 2016 doe 12