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HomeMy WebLinkAboutMINUTES - 05221990 - 1.23 121 r ,y i ORDINANCE NO. 90 - 32 (County Service Area Charges; Street Lighting and Enhanced Emergency Medical Services) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . SUMMARY. This ordinance modifies and simplifies the existing ordinance implementing the County Service Area Law (Government Code 525210. 1 and following) relating to service area charges and their imposition. SECTION II . Division 1012 of the County Ordinance Code .i's repealed and re-enacted in amended form to read: DIVISION 1012 COUNTY SERVICE AREA CHARGES ARTICLE 1012-2. 2 GENERAL 1012-2 . 202 Purpose. This division effectuates the County Service Area Law (Government Code Sections 25210. 1 and following) including future amendments. thereto, and constitutes the ordinance referred to in Section 25210.77a therein. (Ords . 90- 32,79-42 . ) 1012-2. 204 Use of Revenue.. Revenues from service charges shall be used only to pay for the cost of miscellaneous extended services . (Ords . 90-32 ,79-42. ) ARTICLE 1012-2 .4 DEFINITIONS 1012-2 .402 General. Unless otherwise specifically provided, or required by the context, the following teams have these meanings in this division. (Ords . 90- 32,79-42 . )`- 1012-2.404 County Service Area. "County service. area' means a present or future service area formed pursuant to Government Code Sections 25210 . 1 ff. (Ords . 90-32 ,79=42 . ) 1012-2 .406 Miscellaneous Extended Service. "Miscellaneous extended service" means those services enumerated and :described in Government Code Section 25210.4a, including future amendments thereto, which are 'or will be provided in a county service area pursuant to- this division. (Ords. .,90-32 170-42 . ) 1012-2 .408 Service Charge. "Service charge" means a charge imposed pursuant to this division on property located within a county service area to pay for the cost of miscellaneous extended service(s ) therein for a fiscal year. (Ords . 90-32 ,79:-42. ) 1012-2 .410 Designated Director. "Designated director" means the director of the county department responsible for administering the program services of the particular county service area and designated by the board to annually comply with ORDINANCE NO. 90-32 1 this division's requirements for a particular service charge. (Ord. 90- 32 . ) ARTICLE 1012-2 . 6 PROCEDURES 1012-2 . 602 Tentative Report. The designated director shall prepare a tentative report for each fiscal year for which a service charge is to be imposed and shall file it with the clerk of the board of supervisors .. (Ords. 90- 32 ,79-42 . } 1012-2.604 Contents . The tentative report shall contain a description of each parcel of real property receiving the miscellaneous extended service, the basic service charge for each county service area subject to a service charge hereunder, and the estimated amount of the service charge for each parcel for such year. (Ords . 90- j2 ,79-42 . ) 1012-2 . 606 Computation of Service Charge. (a) In General . The designated director shall compute and apportion the service charge by any formulas or methods- which fairly distribute the service charge among all subject parcels in proportion to the estimated benefits they will receive from the miscellaneous extended service. (b) Street Lighting Charge. In computing the street lighting charge, the designated director may consider the class of use being made of the parcel, the intensity of lighting use, and the need for lighting as an anticrime measure. ; (Ords . 90- 31 ,79-42. ) 1012-2 .608 Notice of Hearing. Upon filing of the tentative report, the clerk of the board shall fix a time, date, and place for a board hearing thereon and for filing objections or protests thereto, and shall publish notice thereof as provided in Government code Section 6066 . (Ords . 90- 32 ,79-42 . ) 1012-2. 610 Hearing. The board shall hear the matter as scheduled, or as postponed or continued for good cause,' and consider any objections or protests to the tentative report. The board of supervisors may then adopt, revise, change, reduce, increase, or modify any estimated. service charge, and shall make its determination upon each estimated service charge as described in the tentative report and, thereafter, by resolution, may confirm the tentative report and assess the charges set forth therein. Such confirming resolution shall be adopted no later than July 1st of the fiscal year during which the service charge is to be collected. (Ords . 90- 32,79-42 . ) 1012-2 . 612 Final Report and Levy. Thereafter, the designated director may revise the tentative report toyconform to the official assessment roll for the fiscal year in which the service charge is to be collected, and such revised (or unrevised, if no revision is necessary) report is the final report. Any change to an estimated basic service charge or estimated service charge may be based only on changes of ownership, changes of address, the subdivision of an existing parcel, and changes in the class of use of a parcel . Within thirty days after the assessment roll- is delivered to the auditor, but no later than July 15th, the final report shall be presented to the board, which may, by resolution, confirm said report as presented or modified; the resolution constitutes the levy of the service charge for the fiscal year referred to in the final report. The resolution shall be adopted no later than August 10th of the fiscal year in which the service charge is to be collected. The clerk shall immediately file certified copies of the final report and confirming resolution with the auditor. (Ords . 90- 32 ,79-42. ) ORDINANCE NO. 9032 2 1012-2 . 614 Collection of Charge. The service charge for each parcel set forth in the final report shall appear as a ' separate item on the tax bill. The service charge may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and ,shall be subject to the same penalties and the same procedure and sale in .case of delinquency as provided for such taxes . (Ords . 90- 32 ,79-42. ) 1012-2.616 Applicable Laws . All laws applicable to the levy, collection, and enforcement. of county ad valorem property taxes shall be applicable to such. . service charge, except that if the real property to which the service charge relates has been transferred or conveyed to a bona. fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, before the date on which the first installment of such taxes would become delinquent, then the service charge confirmed pursuant to this division shall not result in'. a lien against such real property, but instead shall be transferred to the unsecured roll for collection. (Ords . 90-32 ,79-42 .) 1012-2 . 618 Deadlines do not. Invalidate. Failure to meet any of the time limits set forth in this article shall not invalidate any service charge imposed under this division. All time limits are directory, not mandatory. .(Ords . .90-32 )'1179-42. ) , SECTION III . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for. and against it in the Contra Costa Times , a newspaper published in this County. PASSED on May 22 , 1990 , by the following vote: AYES: SupervisorF PowerF , Schroder, McPeak, Torlakson, Fanden NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of . the Board �and County Administrator Deputy Board Cha4r VLD/dh 5/11/90. (SEAL] DH:A:\ORD90.DAW ORDINANCE NO. 90- 32 3