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HomeMy WebLinkAboutORDINANCES - 09081992 - 92-61 ORDINANCE N0. 92-61 (An Ordinance of the Board of Supervisors of Contra Costa County) 7 Authorizing a Special Tax for Police Protection Services in Zone 107_ of County Service Area No. P-6 i The Contra Costa County Board of Supervisors ORDAINS as follows: t ARTICLE I. PURPOSE AND INTENT. It is the purpose and t' 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 107 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. BIIIA 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 %III 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 II. 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 107 of County Service Area P-6 nor any land or improvements owned by any governmental entity. 2. *Fiscal year" means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 107 (hereinafter called "Zones ) 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 -1- ORDINANCE NO. 92-61 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 F 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 IA herein. The adjustment R.. from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III. AMOUNT AND LEVEL OF TAXES F 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, 1993 i through June 30, 1994) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. 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 yeat shall be an amount determined as follows: - Tax Per Parcel Tax Per Parcel (Consumer Price Index For then Current For First B 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. I. Taxes as Liens Against the Property. -2- ORDINANCE NO. 92-61 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 sane effect as an ad valorem real property tax lien until fully paid. .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 November 17, 1992 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1993 i -3- ORDINANCE NO.92-61 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on 8th of Sept., by the following vote: AYES: SUPERVISORS Powers, Torlakson and McPeak NOES: Supervisor Schroder t' r ABSENT: Supervisor Fanden ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By. Q9 c S Deputy Board Chair VJW:df df4svjw\ord\csap6 -4- ORDINANCE NO. 92-61 r - f 3 t. Page 1 ORDINANCE NO. 92-61 . SUB 7368, ZONE 107 E X H I B I T A LEGAL DESCRIPTION All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows : A portion of the Northeast 1/9 of Section 27, Township 2 North, Range 2 East, further described as follows : Commencing at the Northeast Corner of said Section 27, thence along the northerly line of last said section North 89017135" West, 1321 . 91 feet; . thence South 00055129" West, 25. 00 feet to the POINT OF BEGINNING; thence South 00055129" West, 767 . 00 feet; thence South 89017135" East, 550.00 feet; thence North 00055129" East, 767 . 00 feet; thence North 89017135" West, 550.00 feet to the POINT OF BEGINNING. Containing an area of 9 . 68 acres, more of less . LANDS �+ No. 5399 \���0! DA10�pa Page 2 I � �oR• `p 00�5 > }�•2� 0.4AI FY ROAD N 0017'3.S"W /3Z/. � y� $ N a9°17'.3s•w -550.00' �..v Y �i C: n 0 �' =i RN1� rr : CAL1f� OR 322 =: CZ1 's, w Z t}, •.• �� S89'/7'35"E 550.00' A: ry ♦ ) JafA9IM95 BASED DAl TNT • CALIAOU/A 00001AIAT � `r�Q..ES `' 5 Mri' f ZONE III(C.C.S.?7) o e� N . 53Sti t DATE: ✓.441WRY /99Z SCALE- /' 4?00' SILLIGOCI i ASSOCIATZB, INC. FI,E No.; 8909/ ISHEET / or / CML ENGINEERING—UWD PLANNING—LAND SURVEYING A 229D DIAMOND BLVD. SU(TE�100 CONCORD, CA 94520 EXHIB l T t • '( g FOR `• �3 a r � °• 3.01 r ` d N +D r • ! 5 • v' _. o f w► v '6 x =QZi fr w ig S • o� o f w �'s�' r C 3 O �j 3� '>!� Vii •• w " b� N s r is r • .//yyy=��� o Imo, LS r j �i �• r "� y s'S C r r •• i •• v L M .S N 3 •' Odoo,, . lk '$ S• '� + Q 15 " �v L e N '5 T. r a i4 • �'^• `� y � y =��55�� OFIIb • CSG f off!- � � 5 � �°'g,�zs P 'v` 2 $� N � �� � "•» ` ow ;+ato $ $ � . Skci • � G„ a CA op 1,450 Sr SUP cm 02 .fir �jr••2 .s �� t�A r O•d F 'i G� � C'r ' $ . c S1 • tat aIL rk a VL oz So d � � O G� r�� • �G y '� : yo�a`sA�% 8• tea'= rr�Po� pwh •.r� O • r • {- or.Dr'ANCE M. 92-61 r-- EXHIBIT C - FOR FISCAL YEAR JULY 11 1993 THROUGH JUNE 30, 1994 PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence - $ 100 1 res., 1 site 12 Single-Family Residence - $ 100 1 res., 2 or more sites 13 Single Family Residence - $ 100 2 res. on 1 or more sites 14 Single Family Residence- $ 100 other than single tam. land 15 Misc. Improvements - 1 site $ 100 16 Misc. improvements - $ 100 2 or more sites 17 Vacant - 1 site $ 50 18 Vacant- 2 or more sites $ 50 19 Single Family Residence - $ 100 Det. w/common area 20 Vacant - Multiple $ 50 21 Duplex $ 100 22 Triplex $ 100 23 Fourplex $ 100 24 Combinations $ 100 . 25 Apartments (5 -12 units) $ 200 26 Apartments (13 - 24 units) $ 200 27 Apartments (25 - 59 units) $ 300 28 Apartments (60+ units) $ 400 i 29 Attached PVDs: $ 100 Cluster Homes, Condos, etc. 30 Vacant - Commercial $ 50 31 Commercial Stores - $ 300 Not Supermarkets 32 Small Grocery Stores $ 300 (7-11, etc.) 33 Office Buildings $ 200 34 Medical, Dental $ 200 35 Service Stations, Car Wash $ 200 36 Garages $ 200 37 Community Facilities $ 400 (recreational, etc.) 38 Golf Courses $ 200 39 Bowling Alleys $ 200 40 Boat Harbors $ 200 41 Supermarkets $ 300 (not shopping centers) 42 Shopping Centers $ 400 43 Financial Buildings $ 200 (Ins..Title, Banks, S&L) 44 Motels, Hotels & Mobile $ 300 Home Parks 45 Theaters $ 300 46 Drive-in Restaurants $ 200 47 Restaurants (not drive-in) $ 200 48 . Multiple & Commercial S200 49 New Car Agencies S200 50 Vacant Land ( not part of S 50 ind. park or P. & D.) 51 Industrial Park S400 52 Research & Development $ 200 53 Light Industrial $ 200 54 Heavy Industrial S200 55 Mini Warehouses (public Storage) S300 56 Misc. Improvements S200 61 Rural, Res. Improvement 1 A-10A S100 62 Rural, w/or w/o Structure 1 A-1 OA $ 100 70 Convalescent Hospitals/ S200 Rest Homes 73 Hospitals S200 74 Cemeteries/Mortuaries S200 75 Fraternal & Service Organizations $ 200 76 Retirement Housing Complex $ 300 78 Parks & Playgrounds $ 400 4 85 Public & Private Parking $ 200 87 Common Area $ 200 88 'Mobile Homes $ 100 89 Other (split parcels In different $ 100 tax code areas) 99 Awaiting Assignment $ 100