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BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
~ic~so~ufiort Nc~. 97-73
RESOLUTION REPEALING RESOLUTION 97-55 AND AMENDING RESOLUTION 97-56 AS TO
COUNTY SERVICE AREA 164 AND CALLING AN ELECTION REGARDING APPROVAL OF A
SPECIAL TAX WITHIN COUNTY SERVICE AREA 164 (ANIMAL CONTROL)
WI-~REAS, Resolution 97-55 was adopted by the Board of Supervisors of the County of Butte
on April 29, 1997, repealing Resolution 97-47 and thereby canceling the special tax election which had
been called for July $, 1997, in County Service Area 164;
WHEREAS, Resolution 97-56, adopted by the Board of Supervisors of the County of Butte on
April 29, 1997, reimposed a service charge within County Service Area 164 (Animal Control) in the
amount of $5.00 per parcel, the amount which had been imposed in fiscal year 1996-97 and which was
the amount approved by a majority of the voters at the election held on November 8, 1994; and
WHEREAS, the Board desires to repeal Resolution 97-55, and to amend Resolution 97-56,
insofar as they relate to County Service Area 164;
WHEREAS, this Board wishes to maintain control services within CSA 164, to the extent
passible, 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 charge of $5.00 per parcel;
WHEREAS, Government Code Section 25210.6a authorizes this Board to levy and collect a
special tax in any service area, pursuant to the procedures prescribed in Article 3.5 (commencing with
Section 50075 of Chapter 1 of Part 1 of Division 1 of the Government Code, subject to submission of the
proposed tax to the voters within the CSA and approval by atwo-thirds vote of the voters voting on the
issue;
WHEREAS, notice having been given and a public hearing having been held as required by law,
the Board desires to propose an ordinance authorizing imposition of a special tax far the services and
wishes to submit said special tax to the electorate of the CSA at an election to be held on September 16,
1997.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. Resolution 97-SS is repealed insofar as it related to County Service Area 164, Animal Control.
2. Resolution 97-56 is amended to delete that portion of it which reimposed the existing service charge
established by Resolution 96-107 for County Service Area 164 for fiscal year 1996-97 in the amount of
$5.00 per parcel for fiscal year 199?-98 in said County Service Area.
3. The Board hereby calls a special election to be held within CSA 164 on September 16, 1997.
4. The question to be submitted to the voters in said CSA at said election shall be: In order to comply
with the requirements of Proposition 21.8 and to continue local funding at the existing rate of $5.00 per
parcel of real property for animal control services as approved by the voters in 1994, shall an ordinance
be adopted, in substantially the form set forth in Exhibit A attached hereto, authorizing a special tax in
County Service Area 164 at an annual rate not to exceed $5.00 per parcel of real property?
5. Said ordinance shall not go into effect unless and until it is approved by two-thirds of the votes cast by
voters of the CSA. voting upon the question.
6. The 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.
7. If the special tax is approved by the voters, the costs of the election shall be paid by allocating within
the annual budgets for County Service Area 164 the following amounts: up to a maximum of $1.00 per
year (per parcel) until paid.
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8. In accordance with Elections Code Section 13247, the County Clerk is authorized to abbreviate the
above measure to be submitted to the voters to read substantially as follows:
CSA 164 (ANIMAL CONTROL) SPECIAL TAX
In order to comply with the requirements of Proposition 218 and to continue local funding at the
existing rate of $5.00 per parcel of real property for animal control services as approved by the
voters in 1994, shall an ordinance be adopted authorizing a special tax in County Service Area
164 at an annual rate not to exceed $5.00 per parcel of real property?
YES [ ]
NO [ ]
9. To the extent that Resolution 97-47 may remain in effect as to CSA 164 and conflicts with the
provisions of this Resolution, the provisions of this Resolution shall control.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
Califarnia, this 10 tray of .rune , 1997 by the following vote:
AYES: Supervisors Beeler, Dolan, Houma, Josiassen and Chair Davis
NOES: None
ABSENT: None
NOT VOTING: None '~ r
_---~'/r
Fi`ed Davis, Chair, But e County
Board of Supervisors
ATTEST:
JOHN BLACKLOCK, Chief Administrative Officer
and Clerk of the Board~of Supervisors
By: ~ ~ ` ~~~. ~ ~~ . >r,
svchazl2.res
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ORDINANCE NO.
EXHIBIT "A"
AN ORDINANCE AUTHORIZING IMPOSITION OF A SPECIAL TAX FOR PROVIDING
SERVICES IN CSA 164 (ANIMAL CONTROL)
The Board of Supervisors of the County of Butte ordains as follows:
Section I . Article is added to Chapter 21 of the Butte County Code to read as follows:
"COUNTY SERVICE AREA 164 (ANIMAL CONTROL) SPECIAL TAX.
SECTION-1. DEFINITIONS.
For the purposes of this ordinance, the following 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 164 (Animal Control).
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 I of the
California Constitution.
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 Code Section 25210.6a, Article
j 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the California
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Government Code, and Article 3.7 (commencing with Section 53720) of Chapter 4 of Division 2 of Title
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
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within the boundaries of the CSA, pursuant to Government Code Section 25210.77a, to pay for the cost
of the services provided by the C SA. 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 commencing 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 animal control services
within CSA 164, to the extent possible, 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 $5.00 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-6. 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 Cade (commencing with Section 21-85)
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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 for a public
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 o f
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. EXEMPTION. Persons having ownership of more than five parcels of undeveloped
property within the unincorporated area of the County of Butte may apply for a tax exemption on those
undeveloped parcels above five which are under a single ownership. The Treasurer-Tax Collector, in
cooperation with the Auditor-Controller and the Public Health Director, is authorized and directed to
establish an exemption application and procedure to become effective as soon as feasible and in the
meantime to establish a refund application and procedure.
SECTION-9. 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 September 16, 1997.
SECTION-10. 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."
j~ Section 2. SEVERABILITY CLAUSE.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to
be unconstitutional ar 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,
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irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be
declared unconstitutional or invalid.
Section 3. EFFECTIVE DATE.
This Ordinance is adopted upon this date, _, 1997, which is the date the vote
referred to in Section-9 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.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the day of 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
~ (164tax. ord)
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