HomeMy WebLinkAbout97-046~~~ ~~ ~S Up~,~*~i
a/hQ'~' • • U' M
~ V ~ ~ ,~
r~: :~n:
~~ • ~ ~~
i~., ~1r~Ul~ "`.~~
BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
Ii~~solutic~n !~'o. 97-46
RESOLUTION CALLING AN ELECTION REGARDING APPROVAL OF SPECIAL TAX WITHIN
COUNTY SERVICE AREA 34 (GRIDLEY SWIMMING POOL)
WHEREAS, the Board of Supervisors of the County of Butte has previously
established County Service Area 34 (Gridley Swimming Pool)("CSA") for the
purpose of providing swimming pool service within the boundaries thereof; and
WHEREAS, said service is a "miscellaneous extended service" as set forth
in Government Code Section 25210.4a; and
WHEREAS, to pay for a portion of the cost of such services the Board of
Supervisors has heretofore imposed service charges upon the parcels of real
property within the boundaries of the said CSA, pursuant to Government Code
Section 25210.77a; and
WHEREAS, due to the passage of Proposition 218 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; and
WHEREAS, 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 cast of such services; and
WHEREAS, this Board wishes to maintain swimming pool services within CSA
34 at the same level as in 1996-97 and for that purpose to impose a special
tax within the CSA to replace the current service charges; and
WHEREAS, Government Cade Section 25210.6a authorizes this Board to levy
and collect a special tax in any service area, pursuant to the procedures
Page 1
prescribed in Article 3.5 (commencing with Section 50075] of Chapter 1 of
Part 1 of Division 1 of the Government Cade, subject to submission of the
proposed tax to the voters within the CSA and approval by a two-thirds vote
of the voters voting on the issue; and
WHEREAS, notice having been given and a public hearing held as required
by law, the Board desires to propose an ordinance authorizing imposition of
a special tax for the services and wishes to submit said special tax to the
electorate of the CSA at an election to be held on July 8, 1997.
NOW, THEREFORE, BE IT RESOLVED, by the Baard of Supervisors of the
County of Butte, State of California, as follows:
1. The Board hereby calls a special election to be held within CSA 34
on July 8, 1997.
2. The question to be submitted to the voters in said CSA at said
election shall be: In order to maintain the current level of
swimming pool services, shall an ordinance be adopted in
substantially the form set forth in Exhibit A attached hereto,
authorizing a special tax on each parcel of real property in County
Service Area 34 at a rate not to exceed $6.00 per parcel of real
property?
3. Said ordinance shall not go into effect unless and until it is
approved by twa-thirds of the votes cast by voters of the CSA voting upon the
question.
4. Said election may be consolidated with any other special
elections called by the Board of Supervisors to be held on July 8, 1997.
5. Said election shall be held and conducted by all-mailed ballots
pursuant to Elections Code Section 4108 and the procedures specified in
Chapter 2 of Division 9 of the Elections Code commencing at Section 9100.
6. In accordance with Elections Code Section 13247, the County Clerk is
Page 2
authorized to abbreviate the above measure to be submitted to the voters to
read substantially as follows:
CSA 34 (GRIDLEY SWIMMING POOL} SPECIAL TAX
In order to maintain the current level of swimming pool services, shall
an ordinance be adopted authorizing a special tax in CSA 34 at an annual
rate not to exceed $6.00 per parcel of real property?
YES [
NO [ ~
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of
the County of Butte, State of California, held on April 8, 1997, by the
following vote:
AYES: Supervisors Beeler, Josiassen and Chair Davis
NOES: Supervisors Dolan and Houx
ABSENT : None
NOT VOTING : None
--Fred Davis, Chair
Butte County Board of Supervisors
ATTESTED:
JOHN BLACKLOCK
Chief Administrative Officer
and the Clerk of the Board
BY~~ 1 . ~t! ti.< ~ti.
,~~.. _.
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
]8
19
20
21
22
23
24
25
26
27
ORDINANCE NO.
EXHIBIT "A"
AN ORDINANCE AUTHORIZING IMPOSITION OF A SPECIAL TAX FOR PROVIDING
SERVICES IN CSA 34 (GRIDLEY SWIl4t1uVIING POOL)
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article is added to Chapter 21 of the Butte County Code to read as follows:
"COUNTY SERVICE AREA 34 (GRIDLEY SWIMMING POOL) SPECIAL TAX.
SECTION-1. DEFINITIONS.
Far the purposes of this ordinance, the fallowing 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 34 (Gridley 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 rolls of the County of Butte.
Special tax means that special tax authorized by and imposed pursuant to this ordinance. The
tax is a special tax within the meaning of Article XIII A, section 4 and Article XIII C, section 1 of the
California Constitution.
I SECTION-2. AUTHORITY.
This ordinance is adopted 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 25210.6a, Article
3.5 {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 Title
28 ~~ 1
1
2
3
4
5
6 (~
7 ~~
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
5 of the California Government Code.
SECTION-3. 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.?7a, to pay for the cost
of the services provided by the CSA. However, due to the passage of Proposition 218 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 cammencing with the 1997-98 fiscal year will be inadequate to meet
the cost of providing services at the existing level.
SECTION-4. PURPOSE OF SPECIAL TAX.
The purpose for which the special tax is authorized herein is to maintain swimming pool services
within CSA 34 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 current 1996-97 service charges.
SECTION-5. 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, or local agency, for
the purpose stated in Section-4 of this ordinance. The special tax may be levied in an amount not to
exceed $6.00 per parcel of real property per year. The Board shall set the rate of the special tax each
year as provided in Section-6 of this ordinance, provided that in no year shall the tax exceed the
maximum amount per parcel specified in this section.
SECTION-b. 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}
identifying each parcel of real property subject to 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 far a public
28 ~~ 2
1
2
3
4
5
6
8,
9
10
12
13
14
15
16
1?
18
19
20
21
22
23
24
25
26
27
28
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-7. 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-8. 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 July 8, 1991.
SECTION-9. 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.
If 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 or invalid.
i Section 3. EFFECTIVE DATE.
This Ordinance is adopted upon this date, July ~ 199?, which is the date the vote referred to
in Section-8 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 a newspaper
published in the County of Butte, State of California.
3
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the day of July 1997, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
Fred Davis, Chair, Butte County
Board of Supervisors
ATTEST:
JOHN S, BLACKLOCK,
Chief Administrative Officer and
Clerk of the Board
By
(34 tax.ord)
4