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Y' ~ CUUNTY QF BUl'fE, STATE OF CALIFORNIA
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RESOLUTION CALLING AN ELECTION REGARDING APPROVAL OF SPECIAL TAX WITHIN
COUNTY SERVICE AREA 31 {BIGGS SWIMMING POOL)
WHEREAS, the Board of Supervisors of the County of Butte has previously established County Service
Area 31 (Biggs 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 far 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
f(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 to pay for
the cost of such services; and
WHEREAS, this Board wishes to continue providing swimming pool services within CSA 31 and for that
purpose to impose a special tax within the CSA; and
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
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the CSA and approval by atwo-thirds vote of the voters voting on the issue; and
WHEREAS, notice having been given pursuant to Government Code Section GOG2 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 June 2, 1998.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Butte, State of
California, as follows:
1. The Board hereby calls a special election to beheld within CSA 31 on June 2, 1998.
2. The question to be submitted to the voters in said CSA at said election shall be: In order to continue
providing swimming pool services, shall an ordinance be adapted. 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 31 at a rate not to exceed $17.50 per parcel of real property?
3. 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.
4. Said election shall be consolidated with the elections to be held on June 2, 1998.
5. Said election shall be held. and conducted pursuant to Elections Code Section. 10400 et seq. 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 authorized to abbreviate the
above measure to be submitted to the voters to read substantially as follows:
CSA 31 (BIGGS SWIMMING POOL) SPECIAL TAX
In order to continue providing swimming pool services, shall. an ordinance be adopted authorizing a special
tax in CSA 31 at an annual rate not to exceed $17.50 per parcel. of real property?
YES [ ]
NO [ ]
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PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Butte, State
of California, held on February 24, 1998, by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis
NOES: None
ABSENT: None
NOT VOTING: None
--
~_, /~ -.
Fred Davis, Chair
Butte County Board of Supervisors
.AT"TESTED:
JOHN BLACKLOCK
Chief Administrative Officer
and the Clerk of the Board
epa y
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ORDINANCE NO.
EXHIBIT "A"
AN ORDINANCE AUTHORIZING IlVIPOSITION OF A SPECIAL TAX FOR PROVIDING
SERVICES IN CSA 31 (BIGGS SWIMMING 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 31 (BIGGS SWIMMING POOL) 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 31 {Biggs 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.
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
3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division I of Title 5 of the California
Government Cade, and Article 3.7 (commencing with Section 53720) of Chapter 4 of Division 2 of Title
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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 Cade Section 25210.77a, 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 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 swimming pool services
within CSA 31 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 $17.50 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 IIEARING ON SPECIAL TAX.
Each year prior to the imposition of the special tax, a report shall be prepared in the same manner
I~ 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 for a public
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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. EXEMPTION. Persons having ownership of more than five parcels of undeveloped
property within the CSA 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 such other County officer or Department as designated by the Board of Supervisors, is authorized
and directed to establish an exemption application and procedure to become effective as soon as feasible.
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 C SA voting upon the proposition of approving
the tax at a special election held on August 26, 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."
~ Sew+ion 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.
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Se~tinn 3 EFFECTIVE DATE
This Ordinance is adopted upon this date, _, 1997, 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.
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
(~ (3 l tax. ord)
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