HomeMy WebLinkAboutMINUTES - 06281994 - H.2 E—SEP.
Contra
TO: BOARD OF SUPERVISORS •` Costa
x; dudh : County
FROM: HARVEY E. BRAGDON ,.,, , a>�, . ��� ��,
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: June 28, 1994 STa c66i`�`j
SUBJECT: Establishment of Zone 119 within County Service Area P-6 for Police
Services for SUB 7837 in the Oakley Area (Parcel #035-262-003)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 119 in
County Service Area 'P-6 .
2 . Adopt the Ordinance establishing a fee for a Police Service
District for Subdivision 7837 .
3 . Direct the County Clerk to conduct the election required by
Government Code Section 53978 . This election shall be
conducted bymail ballot pursuant to Code Section 1340 and
shall be held on the earliest date permitted by law.
FISCAL ' IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Approved in June, 1994 Subdivision 7837 , Condition #24 requires the
develper to agree to vote their property into a special tax area
for the additional police services generated by the development.
CONTINUED ON ATTACHMENT: X YES SIGNATU
4q_____
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TION BOARD COMMITTEE
APPROVE OTHER
}
SIGNATURE(S) :
ACTION OF BOARD ON 1 /cl qj APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
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: Aruna Bhat - 646-4208
Orig: Community Development Department ATTESTED `L4
cc: County Counsel PHIL TCHELOR, CLERK OF
Sheriff-Coroner, Sgt. Julie Ryan THE BOARD F SUPERVISORS
County Clerk - Elections, Bob Delevati AND COUNTY
ADMINISTRATOR
Auditor-Controller
Assessor BY , DEPUTY
I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 28, 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
- - - - - - - - - - - - - = - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SUBJECT: Creating County ) RESOLUTION NO. 94/340
Service Area P-6 Zone 119 ) (Gov. C. 25210.8 &
(SUB 7837 ) ) 54900 ff.)
in the Oakley 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 119 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. 94-51 adopted this date is to be presented for approval of the
voters of Zone 119 of County Service Area No. P-6 by a August 30, 1994 mail ballot
election according to the following ballot proposition:
"Shall Ordinance No. 94-51 of the Board of Supervisors of
Contra Costa County be approved so as to authorize a special
tax on property located in Zone 119 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.
1 hereby certify that this is a true and correct copy of
Orig. Dept:Community Development an action taken and entered on the minutes of the
cc: County Counsel Board otsupery rsonthe date shown.
ATTESTtU� .c�.•sc. �'
Sheriff-Coroner, Sgt. Julie Ryan pHILBAED: T EL0R,ClerkoftheBoard--
County Clerk - Elections, Bob Delevati of Supervisors and County Administrator
Auditor-Controller Br ,>t ,Dep,ly
Assessor
RESOLUTION NO. 94/340
MMIBIT A
Resolution No. 94/34b'
Su$division No.7831'
Zone No. 119
LE= D ION
Inm LAPID TO HEREIN IS SITUATED IN WE STATE OF CALIFUNIA, COUNTY OF COMRA
CD6TA, AREA, AND IS QED AS FOLLOWS:
PARM A, AS SHMN CN MM MP OF SZMDIVISION 6356, F ED SEPI'F 43M 14, 1983 IN BOOK
273 OF MOPS, PAGES 3 THROUGH 9, aMI]SIVE, OFFICIAL REOF CONTRA COM COUNTY.
II�TII� moi:
RIGtM RfSMUM IN ME DED FFCM CM MOM, ET AL, RDOO£iDED NOVII43ER 19, 1964,
BOOK 4746, OFFICIAL RE-3 Ir 6, PAGE 284, AS FOU06:
'AN UNDIVIDED CNE-HALF (1/2) OF ALL OIL, GATS, CASIfGREAD GASOLDE, AND OTHM
IHYLFm CA MON AND MINERAL St STANCES, IN, CN, AND UAIDER SAID LAND, OR WT MY BE
Pf M,
RMXVERED W SAVED FROM SAM LAND WITH THE RIGHT OF IIIT W CN SAM PFCFEMY
FOR THE PURPOSE OF EMMIM, TAFMU, F04NI M, DISPOSING, M2MC APED OPIIW11CU FOR
OIL, GAS AND MIM N AND fWWAL SLMSTXCM, APED ALL RIG US REASCNABLE AMID
nC=ENT TO SUCH REPOSES, Pfd, H74EVfI4, THAT ADE17JATE IIZSATICN FOR ANY APED
ALL MWE M LAPID, CAPS APED MMMON WILL BE PAM M MWCEES, VMIR
01 qU,- FS.SOEZS CR ASSIGNS, w THE EVENT DAMES ARE CA JSED BY ME MMR SE OF ANY
OF WE RIGHTS ABOVE FESM:?VED."
GUITCLMM DEED FROM M= L. MX3M, ET AL, ROMMEL N7 043M 9, 1977, BOOK 8584,
OFFICIAL TIMES, PAGE 479 UHICH MSS DIES THE FOUCWIM:
'TfIIS DEED IS GIVEN TO ELUCXM THE RUMS OF THE GRXnM TO THE SLIWCE APED THE
UPPER 500 FEET OF THE SUSSM07CE."
ALSO ETIP�G Tf :
ALL OIL, GAS, CASIICIEAD M=MM, AND OIHFR HYMOC MON APED P DOM .SE SWC E'S
BE EZA A POINT 500 FEET BEUM THE SUMCE OF SAID LAPID, TOGEMER, WITH THE RIGHT TO
WOE, REMM, bMM, PASS TF :9XM APED DISPOSE OF ALL SAID OIL, GAS, MSM;HE D
G MLIINE, AND OTHER APED KDERAL S MSTANCES, BUT WIM7fJT ANY RIGHT
t Z50EVf2t TO ENTER. WON THE StW'ACE OF SAM LAND OR UPON ANY PART OF SAM LAPID
WIMN 500 FEET TSF, AS RESERVED IN THE DEm6 M K. H. IIDf1W, ET UX, QED
WVIIMEER 5, 1981 UNDM Rte'S SERIES NO.81-144031 AMID 81-144032, CMCIAL
REODRD6.
ASSESSOR'S FARDEL NO.: 035-262-003-3 consa st ng of 7.1,94 acnes
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ORDINANCE NO. 94-51
(An Ordinance of the Board of Supervisors of Contra .Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
119 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 119 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 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 119 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 9- 4-51
2 . "Fiscal year" means the period of July 1 through the
following June 30.
3 . Contra Costa County Service Area P-6 Zone 119
(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 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, 1995
through June 30, 1996) shall be the Amount of Tax Per Parcel for
a Property Use Code Category as set forth on Exhibit C
incorporated herein.
-2 Q4-51
ORDINANCE N0.
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.
94-bi
-3-
ORDINANCE NO.
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 August 30 , 1994 so that taxes shall
first be collected hereunder for the tax year beginning July 1,
1995.
-4-
ORDINANCE NO. 94-51
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on ;june 28,
1994 by the following vote:
AYES: SUPERVISORS Smith, Bishop, DeSulnier, Torlakson and Powers
NOES: None
ABSENT: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By: rj
D pu oard Chair
VJW:df
dWvjw\ord\csap6
-5-
ORDINANCE NO. 94-51
EXHIBIT A
Resolution No. 94/340
Subdivision No.7837
Zone No. 119
LEMT DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA
COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A, AS SHOWN ON THE MAP OF SUBDIVISION 6356, FILED SME43M 14, 1983 IN BOOK
.273 OF MAPS, PAGES 3 THROUGH 9, INCLUSIVE, OFFICIAL RECORDS OF CONTRA COSTA COUNTY.
EXCEPTING TIMI:
RIGHTS RESERVED IN THE DEED FROM CARL NEWBURY, ET AL, RECORDED UMMER 19, 1964,
BOOK 4746, OFFICIAL RECORDS, PAGE 284, AS FOLLOWS:
"AN UNDIVIDED ONE-HALF (1/2) OF ALL OIL, CAS, CASINGHEAD GASOLINE, AND OTHER
HYDROCARBON AND MINERAL SUBSTANCES, IN, ON, AND UNDER SAID LAND, OR THAT MAY BE
PRODUCED, RECOVERED OR SAVED FPCM SAID LAND WITH THE RIGHT OF ENTRY ON SAID PROPERTY
FOR THE PURPOSE OF EXPLORING, TAKING, REMDIING, DISPOSING, MINING AND OPERATING FOR
OIL, GAS AND MUM HYDROCARBON AND MINERAL SUBSTANCES, AND ALL RIGHTS REASONABLE AND
INCIDENT TO SUCH PURPOSES, PROVIDED, HOWEVER, THAT ADEQUATE COMPENSATION FOR ANY AND
ALL DAMAGE TO LAND, CROPS AND IMPROVRVENTS 'I' ZEON WILL BE PAID TO QWTI-EES, THEIR
HEIRS, S(JOCESSORS OR ASSIGNS, IN THE EVENT DAMAGES ARE CAUSED BY THE EXERCISE OF ANY
OF THE RIGHTS ABOVE RESERVED."
QUITCLAIM DEED FROM NANCY L. NEWBURY, ET AL, RECORDED NOVEMBER 9, 1977, BOOK 8584,
OFFICIAL RECORDS, PAGE 479 WHICH R-BODIES THE FOLLOWING:
"THIS DEED IS GIVEN TO ELIMINATE THE RIGHTS OF THE GRANTOR TO THE SURFACE AND THE
UPPER 500 FEET OF THE SUBSURFACE."
ALSO EXCEPTING THEREFROM:
ALL OIL, GAS, CASINGHEAD GASOLINE, AND OTHER HYDROCARBON AND MINERAL SUBSTANCES
BELOW A POINT 500 FEET BELOW THE SURFACE OF SAID LAID, TOGETHER WITH THE RIGHT TO
TAKE, RMM, MINE, PASS Tf-fft " AND DISPOSE OF ALL SAID OIL, GAS, CASINGHEAD
GASOLINE, AND OTHER HYDROCARBON AND MINERAL SUBSTANCES, BUT WITHOUT ANY RIGHT
WHATSOEVER TO ENTER UPON THE SURFACE OF SAID LAND OR UPON ANY PART OF SAID LAND
WITHIN 500 FEET THEREOF, AS RESERVED IN THE DEEDS TO K. H. HOFMAN, ET UX, RECORDED
NM0 BER 5, 1981 UNDER RECORDER'S SERIES NO.81-144031 AND 81-144032, OFFICIAL
RECORDS.
ASSESSOR'S PARCEL NO. : 035-262-003-3
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mC.
ORDINANCE NO. g4-51 SUB 7837 ZONE 119
FOR FISCAL YEAR JULY 1, 1995. , THROUGH JUNE 30, 1996
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, wior 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