HomeMy WebLinkAboutMINUTES - 04281992 - 1.65 { Contra
TO: BOARD OF SUPERVISORS •,----'��,�' '. t
Costa
FROM: HARVEY E. BRAGDON County
DIRECTOR OF COMMUNITY DEVELOPMENT ', ry 4
y
DATE: April 20, 1992 5�� �W14—
SUBJECT: Establishment of a Special Tax Area, County Service Area P-6, Zone 106,
for Police Services for Subdivision 7366 (Claremont Station I) and
Subdivision 7367 (Claremont station II) , Located Between the South Side
of the A.T. & S.F. Railroad and Main Street (State Highway 4) , Opposite
Gardenia Avenue, in the Oakley Area. (Parcel No. 037-150-023 and 037-
150-024)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt the Resolution creating a county service area and authorizing
an election. Adopt the Ordinance establishing a fee for a Police
Services District for Subdivisions 7366 and 7367, County Service
Area P-6, Zone 106. Direct the County Clerk to conduct. the
election required by Government Code Section 52978. This election
shall be conducted by mail ballot pursuant to Cade Section 1340 and
shall be held on the earliest date permitted by law.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Subdivisions 7366 and 7367 were approved by the East County
Regional Planning Commission on December 18, 1989. No change in
current zoning, Single Family Residential-High Density (R-6) , is
required. A maximum of 32 lots an 7. 1 acres is allowed for SUB
j 7366, while a maximum of 37 units on 7.9 acres is allowed for SUB
7367.
A model ordinance and procedures for processing station police
ordinances were developed.
Condition #10 of Subdivision 7366 (Claremont Station I) and
Subdivison 7367 (Claremont Station II) requires the applicant to
agree to vote on whether their development should be placed in a
"County Service Area" for police service based upon the residential
use of the site. The initial assessment is $100 per to .
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENbAtION 0 ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON April 28, 1992 APPROVED AS RECOMMENDED OTHER
The Board ADOPTED Resolution No. 92/279 creating Zone 106 in CSA-P6 and authorizing a'
special Tax Election in said Zone; and ADOPTED Ordinance No. 92-28 AUTHORIZING a special
4 tax for police protection services in Zone 106 of CSA P-6; and DIRECTED the County Clerk
to conduct the election required by Gov. Code Sec. 52978 as recommended above.
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.
Orig: Community Development Department ATTESTED�A .iri l '9k,1 ?
�,.92
q
cc: County Counsel PHIL BATCHELOR, CLERK OF
Sheriff-Coroner - Admn. Comm. Svc. THE BOARD OF SUPERVISORS
County Clerk - Elections AND COUNTY ADMINISTRATOR
Auditor-Controller
Assessor BY , DEPUTY
i �}
1
Page 1
.RESOLUTION NO.._.2 2 27 Ty SUB 7366, ZONE 106
LEGAL DESCRIPTION
EXHIBIT A
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA
OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS
FOLLOWS:
{
ALL THAT CERTAIN PARCEL OF THE LAND DESCRIBED AS "PARCEL TWO
GRANTED IN THE DEED TO NORMAN T . MIGUEL AND ANTHONY T . MIGUEL
RECORDED FEBRUARY 8 , 1985 IN BOOK 12179 OF OFFICIAL RECORDS , AT
PAGE 195 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER, AND A
PORTION OF THE LAND DESCRIBED AS "PARCEL ONE ' , GRANTED IN SAID
DEED TO NORMAN T. MIGUEL AND ANTHONY T. MIGUEL FURTHER DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SECTION 23 ,
TOWNSHIP 2 NORTH , RANGE 2 EAST ,' MOUNT DIABLO BASE AND MERIDIAN,
BEING THE SOUTHEASTERLY MOST CORNER OF SAID "PARCEL TWO" , (THE
BEARING ON THE SOUTHERLY SECTION LINE OF SAID SECTION LINE OF
SAID SECTION 23, BEING TAKEN AS NORTH 89: 07 ' 10" WEST . FOR THE
PURPOSES OF THIS DESCRIPTION) ; THENCE FROM SAID POINT OF
BEGINNING NORTHWESTERLY ALONG SAID SOUTHERLY SECTION LINE
NORTH 89 ' 07 ' 10" WEST , 275 .08 FEET ; THENCE NORTHEASTERLY LEAVING
SAID SOUTHERLY SECTION LINE NORTH 0` 29 '00" EAST, 1030 . 64 FEET ;
THENCE NORTH 45` 41 ' 17" EAST , 61 . 84' ,FEET ; THENCE
NORTH 24 ' 07 ' 30" EAST , 105 . 01 FEET TO THE SOUTHWESTERLY MOST
RIGHT-OF-WAY LINE OF THE ATCHINSON TOPEKA AND SANTA FE RAILROAD
RIGHT-OF-WAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY MOST
RIGHT-OF-WAY LINE SOUTH 66 ' 21 ' 30" EAST , 213 .00 FEET TO THE
NORTHEASTERLY MOST CORNER OF SAID , "PARCEL TWO" , THENCE
SOUTHWESTERLY ALONG THE EASTERLY MOST BOUNDARY LINE OF SAID
"PARCEL TWO" , SOUTH 0` 50 ' 20" WEST , 1088..57 FEET TO THE POINT OF
BEGINNING.
CONTAINING AN AREA OF 7 . 14 ACRES MOTE OR LESS.
S�0 LAND
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Page 3
RESOLUTION NO. 92/279 , SUB 7367, ZONE 106
LEGAL DESCRIPTION
EXHIBIT A
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED. AREA
OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS
FOLLOWS:
A PORTION OF THE LAND DESCRIBED AS ."PARCEL ONE" , GRANTED IN THE
DEED TO NORMAN T . MIGUEL AND 'ANTHONY T. MIGUEL RECORDED
FEBRUARY 8, 1985 IN BOOK 12179 OF OFFICIAL RECORDS, AT PAGE 195
IN THE OFFICE OF THE CONTRA COSTA RECORDER, FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH 1 /4 CORNER OF SECTION 23 , TOWNSHIP 2
NORTH , RANGE 2 EAST, MOUNT DIABLO BASE AND MERIDIAN , BEING THE
SOUTHWESTERLY MOST CORNER OF SAID "PARCEL ONE" , (THE BEARING ON
THE SOUTHERLY SECTION LINE OF SAID SECTION 23 BEING TAKEN AS
NORTH 89 ' 07 ' 10" WEST FOR THE PURPOSES OF THIS' DESCRIPTION ) ;
THENCE FORM SAID POINT OF BEGINNING NORTHEASTERLY ALONG THE
WESTERLY MOST BOUNDARY LINE OF SAID "PARCEL ONE
NORTH 0'07 •25" EAST , 1217 . 18 FEET TO THE SOUTHERLY MOST BOUNDARY
LINE OF THAT CERTAIN PARCEL OF. LAND GRANTED IN THE DEED TO
PACIFIC GAS AND ELECTRIC COMPANY, RECORDED MAY 12 , 1958. IN BOOK
3162 OF OFFICIAL RECORDS, AT PAGE 89 , IN THE OFFICE OF THE CONTRA
COSTA COUNTY RECORDER; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY
MOST BOUNDARY LINE SOUTH 88` 44 ' 01 " EAST , 263.40 FEET TO .THE
SOUTHWESTERLY MOST RIGHT-OF-WAY LINE OF THE ATCHINSON TOPEKA AND
SANTA FE RAILROAD RIGHT-OF-WAY; THENCE SOUTHEASTERLY ALONG SAID
SOUTHWESTERLY MOST RIGHT-OF-WAY LINE SOUTH 66 ` 21 ' 30" EAST , 114 . 56
FEET ; THENCE SOUTHWESTERLY LEAVING SAID SOUTHWESTERLY MOST RIGHT-
OF-WAY LINE SOUTH 24° 07 '30" WEST , 105 .01 FEET ; THENCE
SOUTH 45' 41 ' 17 " WEST , 61 .84 FEET ; THENCE SOUTH 0` 29 ' 00" WEST ,
1030. 64 FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID "PARCEL ONE" ,
BEING -THE SOUTHERLY SECTION LINE OF SAID SECTION 23 ; THENCE
NORTHWESTERLY ALONG SAID SOUTHERLY LINE NORTH 89` 07 ' 10" WEST ,
275 . 07 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 7 . 99 ACRES MORE OR LESS.
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8906E. LGLst No. 5Ey5
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ORDINANCE NO. 92-28
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
106 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 106 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 isnot 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 - 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 Cozitra Costa County.
For the purposes of this Ordinance, parcel does not include any
. land or improvements outside the boundaries of Zone 1nf 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 106
(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
-1-
ORDINANCE NO.92-28
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 lA herein. The adjustment
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
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
through June 30, 199i shall be the Amount of Tax Per Parcel for
a Property Use Code 'Category as set forth on Exhibit C
incorporated herein.
B. For Subseguent 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 forthe 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.
-2-
ORDINANCE N0. 92-28
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 sante 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 Aumist 4, 1992 so that taxes
shall first be collected hereunder for the tax year beginning
July 1, 1993
-3-
ORDINANCE NO. 92-28
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on A14rU 28,
1992 by the following vote:
AYES: SUPERVISORS Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By:
Deputy Board Chair
VJW:df
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-4-
ORDINANCE NO. 92-28
LEGAL DESCRIPTION
EXHIBIT A
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA
OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA-DESCRIBED AS
FOLLOWS:
A PORTION OF THE LAND DESCRIBED AS "PARCEL ONE" , GRANTED IN THE
DEED TO NORMAN T. MIGUEL AND ANTHONY T. MIGUEL .RECORDED
FEBRUARY 8, 1985 IN BOOK 12179 OF OFFICIAL RECORDS, AT PAGE 195
IN THE OFFICE OF THE CONTRA COSTA RECORDER, FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH 1/4 CORNER OF SECTION 23 , TOWNSHIP 2
NORTH, RANGE 2 EAST, MOUNT DIABLO BASE AND MERIDIAN, BEING THE
SOUTHWESTERLY MOST CORNER OF SAID ' PARCEL ONE" , (THE BEARING ON
THE SOUTHERLY SECTION LINE OF SAID SECTION 23 BEING TAKEN AS
NORTH 89'07 ' 10" WEST fOR THE PURPOSES OF THIS' DESCRIPTION) ;
THENCE FORM SAID POINT OF BEGINNING NORTHEASTERLY ALONG THE
WESTERLY MOST BOUNDARY LINE OF SAID "PARCEL ONE" ,
NORTH 0*07 "25" EAST, 1217 . 18 FEET TO THE SOUTHERLY MOST BOUNDARY
LINE OF THAT CERTAIN PARCEL OF LAND GRANTED IN THE DEED TO
PACIFIC GAS AND ELECTRIC COMPANY, RECORDED MAY 12 , 1958 IN BOOK
3162 OF OFFICIAL RECORDS, AT - PAGE 89, IN THE OFFICE OF THE CONTRA
COSTA COUNTY RECORDER; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY
MOST BOUNDARY LINE SOUTH 88' 44 '01 " EAST, 263.40 FEET TO THE
SOUTHWESTERLY MOST RIGHT—OF—WAY LINE OF THE ATCHINSON TOPEKA AND
SANTA FE RAILROAD RIGHT—OF—WAY; THENCE SOUTHEASTERLY ALONG SAID
SOUTHWESTERLY MOST RIGHT—OF—WAY LINE SOUTH 66* 21 '30" EAST, 114. 56
FEET; THENCE SOUTHWESTERLY LEAVING SAID SOUTHWESTERLY MOST RIGHT—
OF—WAY LINE SOUTH 24'0730" WEST , 105 .01 FEET; THENCE
SOUTH 45*41 ' 17" WEST, 61 .84 FEET; THENCE SOUTH 0* 29 '00" WEST ,
1030.64 FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID "PARCEL ONE" ,
BEING -THE SOUTHERLY SECTION LINE OF SAID SECTION 23; THENCE
NORTHWESTERLY ALONG SAID SOUTHERLY LINE NORTH 89 ' 07 ' 10" WEST ,
275.07 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 7.-99 ACRES MORE OR LESS.
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EXHIBIT C -
FOR FISCAL YEAR JULY 11 1993 THROUGH JUNE 30, 1994
PROPERTY USE ANNUAL TAX
rQDE ATEGQRY 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 fam. 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
29 Attached PUDs. $ 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
Boat Harbors
40 $ 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 $ 200
49 New Car Agencies S 200
50 Vacant Land ( not part of $ 50
ind. park or P. & D.)
51 Industrial Park $ 400
52 Research & Development $ 200
53 Light Industrial $ 200
54 Heavy Industrial $ 200
55 Mini Warehouses (public Storage) $ 300
56 Misc. Improvements. S200
61 Rural, Res. Improvement 1A-10A $ 100
62 Rural, w1or w/o Structure 1 A-1 OA $ 100
70 Convalescent Hospitals/ $ 200
Rest Homes
73 Hospitals $ 200
74 Cemeteries/Mortuaries $ 200
75 Fraternal & Service Organizations $ 200
76 Retirement Housing Complex $ 300
78 Parks & Playgrounds $ 400
Q e
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