HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-538A BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
Subject: Authorizing Election for an Increase in ) RESOLU'T'ION NO. 2000/538A
Special Tax on Secured Roll Property in Order ) (Gov. C. §§ 23027. 50077, 53978 )
to Provide Additional Funding for Police )
Protection in CSA P-5 (Roundhill) )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board recognizes the continuing need for police services in County Service Area P-5 and
the difficulty of funding the current or increased level of services by revenues now available.
Government Code sections 23027, 50077 and 53978 establish procedures for voter authorization of a
special property tax in order to provide additional funding for police protection.
This Board has adopted, on this date, Ordinance No. 2000-38 in order to increase the special
tax for police protection. This Board hereby RESOLVES that this Ordinance is to be presented for
approval of the voters of County Service Area P-5 through an election to be conducted by mail pursuant
to Elections Code section 4000 et seq., according to the following ballot proposition:
"Shall Ordinance 2000-38 of the Board of Supervisors of Contra Costa
County be approved so as to authorize an increase in the special tax on
property located in County Service Area P-5 from $150 per parcel per
year to $330 per parcel per year, for all parcels except those used for
commercial recreational purposes which shall continue to be taxed at a
higher rate, in order to provide additional funding for police protection
service?"
The Contra Costa County Registrar of Voters is designated as the Election Official for election,
and the County Clerk,Elections Division, is hereby authorized and directed to provide all notices and
take all other actions necessary to holding the afore noted election including,but not limited to, providing
notices of times within which arguments for and against are to be submitted. The election shall be
conducted by mail no later than March 30, 2001.
Passed and Adopted on December 5, 2000 by the following Supervisors vote:
X UNANIMOUS (ABSENT_LZEn I hereby certify that this is a true and
AYES: NOES: correct copy of an action taken and
ABSENT: ABSTAIN: entered on the minutes of the Board of
*(strict V seat vacant) Supervisors on the date shown.
ATTES'T'ED:
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
t
By: , Deputy
Orig. County Counsel
Contact: Co. Counsel (335-1800)
cc: District III Supervisor's Office
County Administrator
Sheriff-Coroner
Assessor
Clerk,Elections Dept.
Auditor
"rax Collector H:\CSAs&SpecialDists`CSA-P-S\CSA-P-SResol,wpd
RESOLUTION NO. 2000/538.4
ORDINANCE NO. 2000-38
(Ordinance Authorizing a Special Tax for Police
Protection Services 'Within County Service Area No. P-5)
The Contra Costa County Board of Supervisors ORDAINS as follows:
ARTICLE I. PMOSE AND INTENT. It is the purpose and intent of this Ordinance to
authorize the levy of a tax on parcels ofreal property on the secured property tax role of Contra Costa
County that are within Contra Costa County Service Area No.P-5 in order to augment funding for police
protection.
This tax is a special tax within the meaning of Section 4 of Article XMA of the California
Constitution. Because the burden ofthis 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 ofproperty;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 ofArticle XIII of the California Constitution
as relate to ad valorem property taxes are intended to apply to the collection and administration ofthis 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
ofpolice protection personnel,and for such other police protection service expenses(including the election
costs for approval of this and similar ordinances) as are deemed necessary.
ARTICLE II. DEFINMONS. The following definitions shall apply throughout this Ordinance.
1. "Ad valorem property taxes"or"ad valorem real property taxes"means taxes imposed
pursuant to Division 1,Property Taxation,ofthe Revenue and Taxation Code of California on secured roll
real property subject to being sold for delinquency of such taxes.
2. "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 role of Contra Costa County. For the
purposes ofthis Ordinance,parcel does not include any land or improvements outside the boundaries of
County Service Area P-5 nor any land or improvements owned by any governmental agency.
3. "Fiscal year"means the period of July 1 through the following June 30.
ORDINANCE NO. 2000-38 1
4. "Contra Costa County Service Area P-5(hereinafter called"Service Area")means that
portion ofthe unincorporated area of Contra Costa County located within the Service Area's boundaries.
5. "Use Code"means the code number assigned bythe Assessor of Contra Costa County
in order to classify parcels for property tax purposes. A copy ofthe Assessor's use code classifications
chart is attached hereto as Appendix A and incorporated herein.
6. "Commercial recreational"use means a use ofproperty where dues and/or fees are paid
in order to use arecreational facility. Commercial recreational properties include,but are not limited to,
private golf courses, swimming pools and clubs.
ARTICLE U AMOUNT AND LEVY OF TAXES
I. The tax per year on each parcel ofthe Service Area shall not exceed the amount allowable
under this Ordinance for the applicable property use category:
a. Parcels not used for commercial recreational purposes.
Except as provided in Article M.Lb.below,the tax on each parcel in the Service
Area shall be a maximum ofthree hundred and thirty dollars($330)for each fiscal year. Prior to the end
of each July,the Board of Supervisors of Contra Costa County shall levy taxes upon the parcels in the
Service Area for the then current fiscal year in amounts not exceeding the above-listed maximums per
parcel.
b. Parcels used for commercial recreational purposes.
The tax on each parcel in the Service Area used for commercial recreational
purposes shall be two hundred forty percent ofthe tax levied under Article M.La.above for other parcels.
Prior to the end of each July,the Board of Supervisors of Contra Costa County shall levy taxes upon the
parcels in the Service Area for the then current fiscal year in such amounts.
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 ofthe amount oftaxes
on each parcel shall be maintained by the Sheriff-Coroner of the County of Contra Costa at Martinez,
California,and be available for public inspection during the remainder ofthe fiscal year for which such taxes
are levied.
ORDINANCE NO. 2000-38 2
v
AMICLE IV, COLLECTION AND ADMINISTRATION.
1. Taxes as Liens Against the Property.
The amount oftaxes 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.
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 ofContra 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 time
and procedure regarding exemptions,due dates,installment payments,corrections,cancellations,refunds,
late payments,penalties, lieAns, and collections for secured roll ad valorem property taxes shall be
applicable to the collection ofthis 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
and any election costs shall be deducted from the collected taxes before remittal of the balance to the
Service Area.
ARTICLE V. SEVERABILITY CLAUSE.
If any article,section,subsection,sentence,phrase ofclause of this Ordinance is for any reason
held to be invalid,such decision shall not affect the validity ofthe remaining portion of this Ordinance. The
voters within the Service Area 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.
Ill
ORDINANCE NO. 2000-38 3
r"
ARTICLE 'VI. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its confirmation by two-d&ds ofthe voters voting
within the Service Area in an election to be conducted by mail no later than March 30,2001,so that taxes
shall first be collected hereunder for the tax year beginning July 1,2001. This Ordinance supercedes
Ordinance 80-68 in its entiretyto allow the leveraging ofthe increased amount oftaxes commencing July
1, 2001.
PASSED AND ADOPTED at a regular meeting ofthe Board of Supervisors,County of Contra
Costa, State of California, .
AYES: SUPERVISORS GIOIA, UILKE A, DESAULNIER and GERBER.
NOES: NONE
ABSENT: NONE (District V seat is vacant)
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Admitistrator
By.
7 Deputy Board r.
H;iCSAs&SSpecia)DistsCsa-p-S1CSA-P-Staxord.wpd
ORDINANCE NO. 2000-38 4
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(heroin collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal officals in
the City of Chicago,and State of Illinois,and that they do by virtue of the signature and*sake herein affixed hereby make,consft to and appoint
Beverly A.Hall,Sandra V.Hanner, Individually
of Sherman Oaks,California
their true and lawful Attamey(s)4n-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,
undertakings and ottw obligatory instruments of similar nature
-1n Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,
duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof',the CCC Surety Companies have caused thew presents to be signed by their Group Vice President and their
corporate seats to be hereto affixed on this 28th day of October 1 1998
CONTINENTAL CASUALTY COMPANY
tAVA tl # NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
SEAL •r JAY if.
Mahn J.Cashion Group Vice President
State of Illinois,County of Cook,as:
On this 28th day of October 1998 ,before me personally came
Marvin J.Cashion,to me known,who,being by me duly swom,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE'INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;# I he knows the
seals of said corporations;that the seals affixed to the said insburant are such corporate soaks;that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to
be the act and dead of said corporations.
.Io
"out
? A,
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1, Mary A. Ribikawsks,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein
above ast forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I two hereunto subscribed my name and affixed the seals of the said corporations
this 16th day of Navember 2000
CONTINENTAL CASUALTY COMPANY
OUR 8/ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
iYYm�'
g1497o
Mary A. Rlblkawskis Assistant Secretary
(Rev.10/1/97)
wthorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article!)--Exsoution of Documents
Section 3.Appointment of Attorney-`in--fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice Preaidwrt may,from time to time,appoint by written certificates aftmeys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory Instruments of like nature.Such attorneys-in-fact,subject to the limitations
act forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior
or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the folkrMng Resolution adopted by the Board of
Directors of the Company at a mesting duly called and held on the 17th day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the out of the Company may bei
affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any oeirtifie to of any such power and any power or
certificate bearing such facsimile signature and awl shalt be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of
the Company.
"Article Vi--Execution of Obligations and Appointment of Attorney4n-Fant
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-In-fact to in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such stiomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice Preaidsnt and the seal of the Company may be
affaced by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company.'
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attomeys4n-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subject to the Nrnitations set forth in their respective
oertificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice PresideM any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomey-ini-Fact"
_ This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vine President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile
to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shelf be valid and binding an the
Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
undertaking to which it is attached,continue to be valid and binding on the Corporation."
w ,
State of CALIFORNIA
County of LOS ANGELES
On Neer 16, 2000 before me, B. Hall- Notary Public
Dats NAME, TITLE OF OFFICER., "JANE DOE. NOTARY PUBLIC-
personally appeared Sandra V. Hanner
NAME(S)OF SIGNER(S)
{ ) personally known to me —OR — (_-._) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(of ishaFasubscribed to the within instrument and acknowledged to me that
i1*she/ltW executed the same in hiVher/ttalc authorized capacity(fesit, and that by Wher/W
signature(is) on the instrument the person(Id), or the entity upon behalf of which the person(so acted,
executed the instrument.
ohm
B.HALL WITNESS my hand and officcial seal.
_ Commission# 1186M
rr Notary Public-Confomia
Los Angeles County SIGNATURE OF NOTARY
W Comm.fires Jun 14,2M2
OPTIONAL.
Though the data below is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(�) INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(� ) PARTNER(S) (..�) LIMITED
{�) GENERAL
( )
ATTORNEY-IN-FACT NUMBER OF PAGES
(�_)
TRUSTEE(S)
(� _) GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER 15 REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
c3-,Ata2e-e
r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On�� __- _�before me,
Linda A. F'luken, Notary Public
pate Name and TRIe of Officer(e.g.,"Jane Dos,Notary Public")
personally appeared J• Christian Truebridge t
Nams($)of Signor(s) tt
personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(o)
whose name(s) Is/afe subscribed to the within instrument
and acknowledged to me that heAeka3c executed the
UNDAA.rM same in his4wwA*mOf-authorized capacity),and that by
LEM carvraiwmo t lsm his4wrAi4eir signature(e)on the instrument the person(e),
MIAMI Winryl►v dc-CON"ft or the entity upon behalf of which the person(e) acted,
Soft Clara Ccxxtly executed the instrument. �
WITNESS my hand and official seal.
Signature t Notary Public
OPTION
Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
S�
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ individual
9 Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited 7- General ❑ Partner---❑ Limited ❑ General
Attorney-in-Fact ❑ Attomey-in-Fact
Trustee ❑ Trustee
❑ Guardian or Conservator e ❑ Guardian or Conservator
c`} ❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association=8238 Remmat Ave..P.O.Box 7184•Canoga Park,CA 81309.7184 Prod.No.5907 Reorder.Cast Toll-Fres 1-600-878-6827
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