HomeMy WebLinkAboutMINUTES - 02271996 - SD4 s
SD. 4
Contra
TO: BOARD OF SUPERVISORS Costa
' County
'FROM: Harvey E. Bragdon, Director Community Development J
r c uhf
DATE: February 27, 1996
SUBJECT: Establishment of Zone 2901 within County Service Area P-6 for Police Services for Minor
Subdivision 10-94 in the Moraga area (Parcel 4258-310-004)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 2901 in County Service Area P-6.
2. Adopt the Ordinance establishing a fee for a Police Service District for Minor Subdivision 10-94.
3. Direct the County Clerk to conduct the election required by Government Code 53978. This
election shall be conducted by mail ballot pursuant to Code Section 1340 and shall be held on the
earliest date permitted by law.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Minor Subdivision 10-94 was approved for a one lot subdivision on November 29, 1994. This
subdivision split off a 40 acre piece from the original 560 acre parcel. Condition #5 required the
developer to participate in the provision of funding to maintain and augment police services by voting
to.approve a special tax for the parcel created by the subdivision.
CONTINUED ON ATTACHMENT: YES SIGNATURE: -
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMM:ENDATION F BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ONFebruary 2 7 , 19 9 6 APPROVED AS RECOMMENDED x OTHER
IT IS BY THE BOARD ORDERED that the above recommendations are APPROVED;
and Resolution No. 96/75 and Ordinance No. 96-15 are ADOPTED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS
ON THE DATE SHOWN.
Contact: Elizabeth Dunn, Comm. Dev. 335-1252
cc: Assessor ATTESTED February 27 , 1996
Auditor PHIL BATCHELOR, CLERK OF THE BOARD OF
County Clerk - Elec. Div. , B. Lee SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Sheriff- Coroner, Sgt. Julie Hayes
BY aA 011A, a , DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 27 , 1996 , by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
------------------------------------------
------------------------------------------
SUBJECT: Creating County ) RESOLUTION NO. 96/75
Service Area P-6 Zone 2901 ) (Gov. C. 25210.8 &
(MS 10-94) ) 54900 ff.)
in the Moraga Area and )
and Authorizing a )
Special Tax Election in )
Said Zone. )
This Board recognizes the need for increased police protection services in the above subject zone and
the difficulty of funding the current or an increased level of services by revenues now available.
Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special
tax in order to provide additional funding for police protection.
NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS:
1. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit "A" is
established as Zone 2901 of County Service Area No. P-6. No affected properties located
therein will be taxed for any existing bonded indebtedness or contractual obligations as a
result of the formation of said zone.
2. The Clerk of this Board shall cause the filing of a statement of the creation of said zone to be
made with the County Assessor and the State Board of Equalization (in Sacramento) pursuant
to Government Code Sections 54900-54902. The filing shall include a map or plot indicating
the boundaries of said zone.
3. That Ordinance No. 96-15 adopted this date is to be presented for approval of the voters of
Zone 2901 of County Service Area No. P-6 by a April 23, 1996 mail ballot election according
to the following ballot proposition:
"Shall Ordinance No. 96-15 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 2901 of County Service P-6 to maintain the present
level of police protection service and provide additional funding for
increased police protection service?"
4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the
election required by this order. Said election shall be conducted by mailed ballot (Elections
Code Sections 1340 and 1350 ff.) and shall be held as specified above. A synopsis of the
Ordinance may be used.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe is on the date shown.
Orig. Dept: Comm. Dev., Elizabeth Dunn, 335-1252
ATTESTED:
cc: County Counsel PHIL BATCHELOR, rk of the Board
Sheriff-Coroner, Sgt. Julie Hayes perviso and co ty Adm i strator
County Clerk, Barbara Lee I a
Auditor- Controller ey ,beauty
Assessor
RESOLUTION NO. 96/75
Res. 96/75, SUB MS10-94, Zone 2901 Page 1 SD �
EXHIBIT A
LEGAL DESCRIPTION
A PORTION OF SECTION 28 AND SECTION 29, TOWNSHIP 1 SOUTH, RANGE 2
WEST MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE 1/4 CORNER ON THE EAST LINE OF SECTION 29, AS
SHOWN ON THAT CERTAIN MAP ENTITLED "RECORD OF SURVEY EAST BAY
MUNICIPAL UTILITY DISTRICT BOUNDARY IN SECTIONS 20 AND 29 T1S R2W",
RECORDED IN BOOK 67 OF LICENSED SURVEYORS MAPS AT PAGE 10, CONTRA
COSTA COUNTY RECORDS, THENCE NORTH 88°52139" EAST 55. 05 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 00027137" EAST 929. 09 FEET;
THENCE SOUTH 88052139" EAST 1,890.57 TO THE RANCHO CORNER CALLED
R.C. NO. 32 AS SHOWN ON THE AFOREMENTIONED MAP; THENCE ALONG THE
RANCHO LINE NORTH 01013126" EAST 929.81 FEET TO THE LINE OF THE
LANDS OF EASE BAY MUNICIPAL UTILITY DISTRICT AS SHOWN ON THE
AFOREMENTIONED MAP; THENCE ALONG SAID LINE AND THE EASTERLY
EXTENSION THEREOF; THENCE NORTH 88052139" EAST 1,863 .25 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING 40. 03 ACRES, MORE OR LESS.
EXHIBIT A Res. 96/75, SUB MS 10-94, Zone 2901 PAge 2 Sn'�
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CUNHA ENGINEERING, INC. SHEET
1690 SAN PABLO AVE. STE, C 1 OF ,
PINOLE, CALIFORNIA 94564
(510) 741-8290 JOB N0.
94001
SflO f
ORDINANCE NO. 96-15
(An Ordinance of the Board of Supervisors of Contra Costa County)Authorizing a Special Tax for
Police Protection Services in Zone 2901 of County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows:
ARTICLE I. PURPOSE AND INTENT. It is the purpose and intent of this Ordinance to
authorize the levy of a tax on parcels of real property on the secured property tax roll of Contra Costa
County that are within Zone 2901 of Contra Costa County Service Area No. P-6 in order to augment
funding for police protection.
This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California
Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but
this tax is not determined according to nor in any manner based upon the value of property; this tax
is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with
legislation authorizing special taxes and insofar as applicable to a property tax that is not based on
value, such provisions of the California Revenue and Taxation Code and of Article XIII of the
California Constitution as relate to ad valorem property taxes are intended to apply to the collection
and administration of this tax (Article IV of this Ordinance), as authorized by law.
The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing,
operating, and maintaining police protection equipment or apparatus, for paying the salaries and
benefits of police protection personnel, and for such other police protection service expenses as are
deemed necessary.
ARTICLE 11. DEFINITIONS. The following definitions shall apply throughout this
Ordinance:
1. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel
map and parcel number and carried on the secured property tax roll of Contra Costa County. For the
purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries
of Zone 2901 of County Service Area P-6 nor any land or improvements owned by any governmental
entity.
-1-
ORDINANCE NO. 96-15
2. "Fiscal year" means the period of July 1 through the following June 30.
3. Contra Costa County Service Area P-6 Zone 2901 (hereinafter called "Zone") means that
portion of the unincorporated area of Contra Costa County located within the Zone's boundaries
described (see Exhibit A attached hereto).
4. "Use Code" means the code number assigned by the Assessor of Contra Costa County in
order to classify parcels according to use for ad valorem property tax purposes. A copy of the
Assessor's use code classifications chart is attached hereto as Exhibit B and incorporated herein.
5. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-
U) for the San Francisco-Oakland-San Jose Area (1982-84=100) as published by the U.S.
Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or
revised, such other government index or computation with which it is replaced shall be used in order
to obtain substantially the same result as would be obtained if the Consumer Price Index had not been
discontinued or revised.
6. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent
to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in
first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the
amount of tax per parcel as specified in Article III 1 A herein. The adjustment from actual to constant
dollars shall be made by use of the Consumer Price Index, as specified in Section 111113 herein.
ARTICLE III. AMOUNT AND LEVEL OF TAXES
1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the
parcel, as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1,1997 through June 30, 1998) shall be the
Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated
herein.
-2-
ORDINANCE NO. 96-15
Sb.Lt
B. For Subsequent Fiscal Years:
In order to keep the tax on each parcel in constant first year dollars for each fiscal year
subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any
increase in the Consumer Price Index beyond the first fiscal year a tax is levied.
In each July, the Board of Supervisors of Contra Costa County shall determine the amount
of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below.
For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal
year subsequent to the first fiscal year shall be an amount determined as follows:
Tax Per Parcel Tax Per Parcel (Consumer Price Index
For then Current = For First X for April of Immediately
Fiscal Year Fiscal Year Preceding Fiscal Year)
(Consumer Price Index
for First Fiscal Year
of Levy)
Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount
established for the first fiscal year.
2. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel
and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount
of taxes on each parcel shall be maintained by the Sheriff-Coroner of the County of Contra Costa at
Martinez, and be available for public inspection during the remainder of the fiscal year for which such
taxes are levied.
ARTICLE IV. COLLECTION AND ADMINISTRATION.
1. Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute a lien on such property, in
accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad
valorem real property tax lien until fully paid.
-3-
ORDINANCE NO. 96-15
.. SD.y
2. Collection.
The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property
taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent
with this Ordinance, the taxes are to be collected in the same manner in which the County collects
secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this
Ordinance, the times and procedure regarding exemptions, due dates, installment payments,
corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad
valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to
the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices
required for this tax, and 2)the homeowners and veterans exemptions shall not be applicable because
such exemptions are determined by dollar amount of value.
3. Costs of Administration by County.
The reasonable costs incurred by the County officers collecting and administering this tax shall
be deducted from the collected taxes.
ARTICLE V SEVERABILITY CLAUSE
If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining portion of this
Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of
this Ordinance, including each article, section, subsection, sentence phrase or clause, irrespective of
the invalidity of any other article, section, subsection, sentence, phrase or clause.
ARTICLE VI. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters
voting within the Zone in an election to be held April 23, 1996 so that taxes shall first be collected
hereunder for the tax year beginning July 1, 1997.
-4-
ORDINANCE NO. 96-15
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of
Contra Costa, State of California, on February 27. 1996 by the following vote:
AYES: SUPERVISORS Rogers , $j-shop, ' DeSaulnier, :-Torlak'son and-Smith-
NOES:
ndSmithNOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By:
De uty oard Chair
VJW:df
c:\data\wp60\cp2Uns 1094.ord
-5-
ORDINANCE NO. 96-15
EXHIBIT A S D.q
Ord. 96-15, SUB MS 10-941 Zone 2901
LEGAL DESCRIPTION
'A PORTION OF SECTION 28 AND SECTION 29, TOWNSHIP 1 SOUTH, RANGE 2
WEST MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE 1/4 CORNER ON THE EAST LINE OF SECTION 29, AS
SHOWN ON THAT CERTAIN MAP ENTITLED "RECORD OF SURVEY EAST BAY
MUNICIPAL UTILITY DISTRICT BOUNDARY IN SECTIONS 20 AND 29 T1S R2W" ,
RECORDED IN BOOK 67 OF LICENSED SURVEYORS MAPS AT PAGE 10, CONTRA
COSTA COUNTY RECORDS, THENCE NORTH 88°52139" EAST 55.05 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 00027137" EAST 929.09 FEET;
THENCE SOUTH 88052139" EAST 1,890.57 TO THE RANCHO CORNER CALLED
R.C. NO. 32 AS SHOWN ON THE AFOREMENTIONED MAP; THENCE ALONG THE
RANCHO LINE NORTH 01013126" EAST 929.81 FEET TO THE LINE OF THE
LANDS OF EASE BAY MUNICIPAL UTILITY DISTRICT AS SHOWN ON THE
AFOREMENTIONED MAP; THENCE ALONG SAID LINE AND THE EASTERLY
EXTENSION THEREOF; THENCE NORTH 88052139" EAST 1,863 .25 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING 40. 03 ACRES, MORE OR LESS.
EXHIBIT A
Ord. 96-15, SUB TSS 10-94, Zone 2901 SD.y
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CUNHA ENGINEERING, INC. SHEET
1690 SAN PABLO AVE. STE. C 1 OF
PINOLE, CALIFORNIA 94564
(510) 741-8290 JOB NO.
94001
EXHIBIT B SD•y
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For FISCAL YEAR July 1, 1997 through June 30, 1998
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence - $ 200
1 res., 1 site
12 Single Family Residence - $ 200
1 res., 2 or more sites
13 Single Family Residence - $ 200
2 res. on 1 or more sites
14 Single Family Residence- $ 200
other than single fam. land
15 Misc. Improvements - 1 site $ 200
16 Misc. improvements - $ 200
2 or more sites
17 . Vacant - 1 site $ 100
18 Vacant - 2 or more sites $ 100
19 Single Family Residence - $ 200
Det. w/common area
20 Vacant - Multiple $ 100
21 Duplex $ 200
22 Triplex $ 200
23 Fourplex $ 200
24 Combinations . $ 200
25 Apartments (5 -12 units) $ 400
26 Apartments (13 - 24 units) $ 400
27 Apartments (25 - 59 units) $ 600
28 Apartments (60+ units) $ 800
29 Attached PUDs: $ 200
Cluster Homes, Condos, etc.
30 Vacant - Commercial $ 100
31 Commercial Stores - $ 600
Not Supermarkets
32 Small Grocery Stores $ 600
(7-11 , etc.)
33 Office Buildings $ 400
34 Medical, Dental $ 400
35 Service Stations, Car Wash $ 400
36 Garages $ 400
37 Community Facilities $ 800
(recreational, etc.)
38 Golf Courses $ 400
39 , - Bowling Alleys $ 400
40 Boat Harbors $ 400
41 Supermarkets $ 600
(not shopping centers)
42 Shopping Centers $ 800
43 Financial Buildings $ 400
(Ins., Title, Banks, S&L)
44 Motels, Hotels & Mobile $ 600
Home Parks
45 Theaters $ 600
46 Drive-In Restaurants $ 400
47 Restaurants (not drive-in) $ 400
48 Multiple & Commercial $ 400
49 New Car Agencies $ 400
50 Vacant Land ( not part of $ 100
ind. park or P. & D.)
51 Industrial Park $ 800
52 Research & Development $ 400
53 Light Industrial $ 400
54 Heavy Industrial $ 400
55 Mini Warehouses (public Storage) $ 600
56 Misc. Improvements $ 400
61 Rural, Res. Improvement 1 A-1 OA $ 200
62 Rural, w/o r w/o Structure 1 A-1 OA $ 200
70 Convalescent Hospitals/ $ 400
Rest Homes
73 Hospitals $ 400
74 Cemeteries/Mortuaries $ 400
75 Fraternal & Service Organizations $ 400
76 Retirement Housing Complex $ 600
78 Parks & Playgrounds $ 800
85 Public & Private Parking $ 400
87 Common Area $ 400
88 Mobile Homes $ 200
89 Other (split parcels in different $ 200
tax code areas)
99 Awaiting Assignment $ 200