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HomeMy WebLinkAbout4139 I Ordinance No. 4139 2 AN ORDINANCE AMENDING CHAPTERS 3, 36, AND 43, OF THE BUTTE COUNTY CODE 3 TO REPEAL AND REPLACE LANGUAGE RELATED TO THE PERIODIC ADJUSTMENT TO 4 USER FEES 5 The Board of Supervisors of the County of Butte ordains as follows: 6 Section 1 . Purpose. This proposed ordinance consolidates multiple 7 references to periodic adjustments to various department user fees by 8 repealing those references in Chapters 3, 36, and 43 and replacing 9 them with one section in a new Article that will apply to all user 10 fees to be located in Chapter 3, entitled "Fees. " 11 Section 2 . Section 3-2, entitled "Periodic adjustment to sheriff' s 12 fees, " is repealed. 13 Section 3. Section 3-33, entitled "Periodic adjustment to treasurer- 14 tax collector fees, " is repealed. 15 Section 4 . Section 3--41 (b) , entitled "Periodic adjustment to Building 16 Division Fee Schedule, " is repealed. 17 Section 5. Section 3-45, entitled "Periodic adjustment to planning 18 division fees, " is repealed. 19 Section 6. Section 3-56, entitled "Periodic adjustment to fire 20 department fees, " is repealed. 21 Section 7 . Section 3-62, entitled "Periodic adjustment to agricultural 22 commissioner fees, " is repealed. 23 Section 8 . Section 3-83, entitled "Periodic adjustment to land 24 development division fees, " is repealed. 25 Section 9. Section 36-15, entitled "Periodic adjustment to probation 26 fees, " is repealed. 27 Section 10. Section 36-41, entitled "Periodic adjustment to sheriff 28 fees, " is repealed. 1 I Section 11 . Section 43-20, entitled "Periodic adjustment to public 2 health fees, " is repealed. 3 Section 12 . Article XXVI, entitled "Periodic Adjustments to the Butte 4 County Master Fee Schedule" is added to Chapter 3, entitled "Fees, " to 5 read as follows : 6 Article XXVI . Periodic Adjustments to the Butte County Master Fee 7 Schedule 8 Section 3-320 - Periodic Adjustments to User Fees 9 User fees are initially established, and adjusted at various later 10 dates, based on a comprehensive user fee study. From time to time 11 between such adjustments, Department Heads may submit documentation 12 substantiating that there has been an increase in the cost of 13 providing services and may request an increase in the fees specified 14 in the Butte County Master Fee Schedule. The Board of Supervisors may 15 increase these fees in an amount proportional to the increase in such 16 costs . This ability to increase fees does not apply to phased in fees 17 for which future fee amounts have been already established. The i8 determination of whether there has been an increase in the cost of 19 Providing services and the amount of the increase in the fees shall 20 be made by the Board of Supervisors based on the following: 21 (1) The net percentage increase in the Employment Cost Index (Not 22 Seasonally Adjusted, Total Compensation, State and Local 23 Government, Index Number, All Workers-Series ID = ECU100031) , as 24 published by the United States Department of Labor, Bureau of 25 Labor Statistics between the date of such increase and the 26 effective date of this section or any prior increase in the fee 27 made pursuant to the provisions of this section. 28 I The formula for adjusting the fee is: (New index amount/amount of 2 index at time of existing fee) x existing fee = new fee 3 If a fee is mandated by another jurisdiction, such as the state or 4 federal government, the amount collected by the County will be 5 automatically adjusted to reflect the adjustments made to the fee by 6 the other jurisdiction. 7 Section 13. Severability. If any provision of this Ordinance or the 8 application thereof to any person or circumstances is for any reason 9 held to be invalid by a court of competent jurisdiction, such 10 provision shall be deemed severable, and the invalidity thereof shall 11 not affect the remaining provisions or other applications of the 12 Ordinance which can be given effect without the invalid provision or 13 application thereof. 14 Section 14 . Effective Date and Publication. This Ordinance shall take 15 effect on December 1, 2017, which is more than 30 days after the date 16 of its passage. The Clerk of the Board of Supervisors is authorized 17 and directed to publish a summary of this ordinance before the 18 expiration of fifteen (15) days after its passage. This ordinance 19 shall be published once, with the names of the members of the Board of 20 Supervisors voting for and against it, in the Chico Enterprise Record, 21 a newspaper of general circulation published in the County of Butte, 22 State of California. 23 PASSED AND ADOPTED by the Board of Supervisors of the County of 24 Butte, State of California, on the 24' day of October 2017, by the 25 following vote: 26 AYES: Supervisors Kirk, Lambert, Teeter, and Chair Connelly NOES: Supervisor Wahl 27 ABSENT: None NOT VOTING: None 28 Z BILL CONNELLY, Chaid of the 2 Butte County Board of Supervisors 3 ATTEST: 4 PAUL RAHN, Chief Administrative Officer and Clerk of the Board of Supervisors By: —e --� 6 Deputj 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28