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HomeMy WebLinkAbout89-113RESOLUTION PROPOSING ADOPTION OF A SPECIAL TAX FOR OPERATION AND MATNTSNANCE OF THE COUNTY LIBRARY SYSTEM AND CALLING ELECTION THEREOF WHEREAS, discretionary funds available to the County for operation of programs not mandated by the State. have declined steadily during the past ten years, and funds applied to operation and maintenance of the County-wide library system have similarly declined during that time; and WHEREAS, the County anticipates a 1989-90 budget in which revenues may be $3 million less than the expenditures of the 1988- 89 fiscal year, so that further reduction of library hours and services would probably be required to assist in balancing the budget; and WHEREAS, the amount of discretionary money available to the County during the years following the 1989-90 budget year remains uncertain, but the trend is likely to be one of recurring annual budget shortfalls, casting grave doubt on the future of the County library system; and WHEREAS, the Board of Supervisors of the County of Butte recognizes as an important goal that the County should have a viable library system in which libraries, their contents, and their services are restored to levels that prevailed prior to the current funding crisis. NOW, THERERORE, BE TT RESOLVED by the Supervisors of the County of Butte as fellows: 1. Each and all of the matters recited above are found to be true and correct. 2. Subject to approval by a two-third's vote of the voters voting on the proposition at an election to be held as hereinafter set forth, the Board hereby proposes adoption of the ordinance set forth in Paragraph 3, below. 3. The measure to be submitted for voter approval and the ordinance to be adopted by the Board of Supervisors upon voter approval shall be: MEASURE Sha11 the County of Butte adopt an ordinance levying a special tax within the County for operation and maintenance of the County-wide library system as follows: Ordinance Determining and Adopting a Special Tax for Operation and Maintenance of the County-Wide Library System Within the County of Butte The Board of Supervisors of the County of Butte ordains as follows: Section 1. Pursuant to Article 3.6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the California Government Code (commencing with section 537].7), there shall be levied annually within the County of Butte a special tax for the purpose of operating and main- taining the County-wide library system. Section 2. (a) It is hereby found that the operation and maintenance of the County-wide library system benefits each parcel of real property in the County upon which and dwelling unit is located by benefitting the family or families residing therein. It is further found that, due to the free and equal access which all families have to County Library facilities, the benefit to each such parcel is proportional to the number of dwelling units thereon. (b} The said special tax shall be levied annually upon each parcel of real property on which any dwelling unit is located in the County. For purposes of this ordinance the term "dwelling unit" shall mean any building or mobile home or portion thereof, or any mobile home space within a mobile home park, designed or used as an independent residence or space for a family. "Dwelling unit" includes but is not limited to a single family residence, a mobile home and individual units in a duplex, triplex, fourplex, apartment or condominium. For purposes of this ordinance "family" shall mean an individual or two (2) or more persons related by blood or marriage or a group of not more than six (6} persons who need not be related by blood or marriage, living together in a dwelling unit. 2 (c) Nothing contained herein shall authorize the levy of said special tax on property utilized primarily for commercial, industrial, agricultural, mining, timber, or similar purposes, except in cases where the property is occupied by a residence for which a homeowner's exemption is in force. Section 3. Any property owner aggrieved by the classification assigned to said owner's property for the purpose of the special tax authorized by this ordinance, may appeal said classification in accordance with procedures and regulations to be adopted by resolution of the Board of Supervisors. Section 4. The special tax authorized by this ordinance shall not be imposed upon a federal or state governmental agency, or any local public agency. Section 5. The special tax authorized by this ordinance shall be fixed annually by the Board of Supervisors at a rate reasonably necessary to operate and maintain the County- wide library system, but not to exceed $36.50 per dwelling unit, with annual adjustments to that maximum not to exceed the County's percentage increase authorized by Article XIZIB of the California Constitution (Gann Limit), anal the revenues generated thereby shall be dedicated exclusively to the operation and maintenance of the County-wide library system, after payment of any administrative expenses incidental to the assessment and collection of the said special tax. As used in this section, the phrase "operate and maintain" does not include debt service on library buildings. Section 6. The special tax authorized by this ordinance shall be levied and collected at the same time and in the same manner by the same officers and with the same penalties and interest as general County taxes. Section ~. It is hereby declared to be the intention of the People of the County of Butte, that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any section, paragraph, sentence, clause ar phrase herein shall be determined unconstitutional or unenforceable by the valid judgment or decree of any Court of competent jurisdiction, such unconstitutionality or unenforceability shall not affect any of the remaining sections, paragraphs, sentences, clauses and phrases of this ordinance. 4. An election shall be, and hereby is, called to be held throughout the County of Butte an June 5, 1990, at which time there shall be submitted to the qualified electors of the County the proposal set forth in Paragraph 3 above. If at said election, said proposal shall receive the requisite number of votes required by law for its approval, the Board of Supervisors shall be authorized to take any and all steps required by law to adopt and implement said ordinance. Said election shall be held and the result thereof determined and declared in accordance with the provisions of the laws of the State of California. 5. In accordance with Elections Code section 10327, the County Clerk is authorized to abbreviate the measure submitted to the voters as follows: MEASURE Shall Butte County adopt an ordinance levying a special Library tax not to exceed $36.50 annually per dwelling unit? YES ( } NO ( ) PASSED AND ADOPTED at a meeting of the Board of Supervisors of the County of Butte, State of California, held on July 25, 1989 by the following vote: AYES: Supervisors McInturf, Dolan, Vercruse, McLaughlin and Chairman Fulton NOES: None ABSENT: None ABSTAIN: None LE FULTON, Chair Bu to County Board of Supervisors ATTEST: William H. Randolph Clerk of the Board ofi Supervisors By Deputy 4