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HomeMy WebLinkAboutMINUTES - 03091999 - SD9 Contra TO: BOARD OF SUPERVISORS Costa FROM: DENNIS M. BARRY, AICD QCounty COMMUNITY DEVELOPMENT DIRECTOR DATE® March 9, 1999 SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P-6, RELATED ORDINANCE ADOPTIONS AND FIXING OF ELECTIONS THEREOF AND FORMATION OF THE. FOLLOWING ZONE: ZONE 127 COUNTY FILE#SD87-6963. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECQMMENUATIOM 1. Adopt the Resolution authorizing a election for Zone 127 in County Service Area P-8. (Resolution No. 99181) 2. Adopt the Ordinance establishing a fee for Police Service District for SD87- 8983. (Ordinance 99-03) 3. Direct the County Clerk to conduct the election required by Government Code Section 5397. This election shall be conducted by mail ballot pursuant to Code Section 1340 and shall be held on the earliest date permitted by law. FISCAL. IMPACT Mone CONTINUED ON ATTACHMENT: _X....YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF 84ARD CO ITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON �� � � APPROVED AS RECOMMENDED .-@THBR o .. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT ., <-��,, _} AND CORRECT COPY OF AN ACTION TAKEN AYES; NOES: AND ENTERED ON THE MINUTES OF THE ABSENTA ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Debi Foley - 335-1215 ATTESTED cc: Community Development Department (CDD) PHIL. BATCHELOR, CLERK OF Elections-Roxie Davis THE BOARD OF SUPERVISORS Sherr'-Coroner-Virginia Lillis AND COUNTY ADMINISTRATOR County Clerk-Elections Auditor-Controller Assessor DEPU sd8983.psd " Police Services District-SD#87-5963 March 9, 1999 'age 2 BA KQf34 N® ��EA N-$ EQE R MMENDAIIQNS The application was approved by the Board of Supervisors on June 8, 1993 with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 236 units will be built on 38.9 acres. Condition of Approval #10 of Subdivision #87-8983 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 $228.00 per lot. TIME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on March 9, 1999, by the following vote. AYES: SUPERVISORS GI©IA, UILKEMA, GERBER, DESAULNIER and CANCIAMILLA NOES: NONE ABSENT; NONE ABSTAIN: NONE SUBJECT: Creating County RESOLUTION NO. 99161 Service Area P-6 Zone 127 } (Gov. C. 25210.8 & (SUB 87-6963 54900 ff.) in the Oakley Area and } and Authorizing a } Special Tax Election in } Said Zane. 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 127 of County Service Area No. P-6. No affected properties located therein will be taxed for any existing banded 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 snap or plot indicating the boundaries of said zone. 3. That Ordinance No. 99-03 adopted this date is to be presented for approval of the voters of Zone 127 of County Service Area No. P-6 by a May 11, 1999 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 99-03 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 127 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 tree and correct cosy of Orig. Dept.Community Development an action taken and entered on the minutes of the cc: County Counsel Board of Supervisors date wn Sheriff-Coroner, Victoria Hillis ATTESTED: '�' 7z Elections - Roxie Davis PHIL BATCHELOR,Clerk of the Bwd Auditor-Controller of Supervisors and County Administrator Assessor ISY tY RESOLUTION NO. 9/61 Resolution No. 99161 Subdivision 87-6963 Zane 127 EXHIM"A" LEGAL DESCRIPTION REAL PROPERTY itr an unincorporated area. County of Contra Costa. States of+Califorrsita, described as follows* Partisan of'the Nodh 1/2 of Section 31, Township 2 Notltt, fangos 3 Cast, Mount Diablo Ease and Meridien, snore particularly described as follows: Beginning at a alb' rebar with plastic cap, L.S. 3424,set at the North 1/4 causer of said Section. thence westerly along the North line of the northwest quarter td said Sectlorr North 89* 27 21"West. 872.34 feet to a 5/8"rebar with plastic carp.L.S. 3424,set can Ilia eastarly right-of-way titre of the Coaytra Costa County Flood Control and Water Conservation District (heteinafter referred to as 'District"} as defused by the existing 'District" standard rnonurnents,said tronumetsts being a brass disc set to concrete, thence along said easterly right-of-way line the following courses, Soulli 250 30' 01" Cast, 142.04 feet to a standard 'District" monument set at the beginning of wcurva concave to the southwest having a radius of 1057.00 feet: thence southeasterly 158.36 feet Tong said curve through a central angle of 80 35' 02"to a standard "District" monument; thence South 16" 54' 59" Cast, 66.06 feet to a point can the West line of that certain parcel of land described In the Deed from Rosa Kristicb, a widow, to Alfred L. DeJesus arra Darlene DeJesus, lois wife, recorded December 31, 1971 . In Book 6148, Official Records, Wage 200, Contra Costa County Records: thence leaving said 'District* right-of-way line, along last said West lige the following courses South 230 37' 21" East, 135.903 feet. South 100 16' 21" Cast. 136.80 feet to a point tars geld "District right-of-way line on a non-tangent curve cotacave to the northeast ltavlrsg a radius of 443.00 feet, a radiad line to which bears South 72° 52' 29"West,thence leaving said Westerly line of 8148 O.R. 200, along said easterly 'District" right-of-way southeasterly 237.55 feet along last said curve through,a central angle of 300 43' 28" to a standard "District moriumea<rt; thence South 471 50' 58" East. 553.31 feet to a standard "Oistrict" rnonuinent set at ilia beginning ofa suave concave its Ilia southwest having a radius of 557.00 feet: thence scautheasterly 138.91 feet along said curve through a central arsyle of 14° 17' 19" to a point on the easterly fine of said northwest quarter; thence leaving last said district right-of-way line, along last said easterly liner Notth 011, 19` 31"East, 08.28 feet to f" iron piper: on the northerly litre of the parcel of land described In the Deed to Edwin B. Setters et ux, dated Decernber 14, 1932 and recorded January 31, 1933 in Burk 345 of Official Records,at Wage 18; thence South 890 28' 35" East. along said northerly line and its easterly extension 1657.99 feet to a 3/4" Iron pipe set on the westerly right-of-okay of that parcel of land described hi the geed to. Sort Joaquin Valley Railway Company. recorded October 19, 1898, In Book 79, Deeds. Page 467; thence along last sald westerly right-of-way lime Ilia fallowing courses: North 471, 02' 54" West. 380.46 feet to Ilia beginning of a curve concave to tine southwest having a radjus of 11.409.20 feet; thence northwesterly 577.47 feet along sold curve lhrough a central angle of 20 54'Ota"thence North 49" 56'a4'West, 142.49 feet to a plaint ears tlse North lime of ttae northeast quarter of said Section 31: thence westerly aiong said North itne, Nardi 89* 2823'West,821.17 feet to the point of beginning. Containing 36.28 acres more or less. V OFESSfo Ce No'295 8 rn Exp. 3-31-99 zo z. OF CAO. Resolution No. 99/61 Subdivision 87-6963 Zone 127 CL 0 CN LO 01 W P- CLCL r Uj Cn to C7 u CIq e ' CO 9 0 t �` -I z Z to d or- 0 Cq d� Cd fl r Oz 1 z p(nnoz < Oz Or' ._t do Le)LJ =,Q tSwOf � � �� a' �0 C3+ CL Wfl) 538-26' g , C� oto ma, 4 CO to CN to m as � � z �� � � `rte ,�`,� �Z$y A C, OUTAL VTLCEY RUNTI ` -b to =)0 SCAU 1"®300' COMPANY INC. �• DATE 01/22/8$ .1 P LAvr MAP BY ' ` s(OLO) 6an0` _FAX(510les wTa JOB N'0. 96146 ORDINANCE NO. 99-03 (An ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special max for Police Protection Services in Zone 127 of County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follows. CSI. I!IWQSE Np IK=. 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 122 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. jjCLE Ij. DEFIRIJIM. 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 121 of County Service Area P-6 nor any land or improvements owned by any governmental. entity. _l_ ORDINANCE NO. 99.03 ORDINANCE NO. 99-03 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 127 of County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: ARTIC ,F I. PLMOSE AND IN,TMT. 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 Centra Costa County that are within Zone III of Centra 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 1a7 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 99-03 2 . "Fiscal year" means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone J.21 (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 (1982-54=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 LEV .L 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, 2000 through June 30, 2001). shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. -2- ORDINANCE No. 99 .03 B. LQrSubseauent F i a� 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 I . -COLLECTION AND AL7MIN1691RATIoN. 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 2157, and shall have the same effect as an ad valorem real property tax lien until fully paid. _3_ ORDINANCE NO. 99--03 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 inconsis- tent 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 inconsis- tent with this Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancella- tions, 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 casts incurred by the County officers collect- ing and administering this tax shall be deducted from, the collected taxes. ARTICLE V. SEVERABILITY CURE 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, irrespec- tive of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTI I E U. 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 Ijay 11, 1299 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2poo. -4- ORDINANCE NO. 99-03 PASSED AND A MP En at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on by the fallowing vote: AYES: SUPERVISORS NOES: ABSENT: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair VJw:df df4:v;w\crd\caap6 ORDINANCE NO. 99--03 Ordinance 99-03 Subdivision 7.6963 - Zone 127 EXHIBIT"A" LEGAL DESaCRiPTt©N REAL.PROPERTY in an unincorporated arta, County of Contra Costa. States of Califoroia, described as follows. Portion of the Notch 112 of Section 31. Township 2 No##%. Range 3 East, Mount Diablo Base aril Meridian, `more particularly described as follows: Beginning at a 518" rebar with plastic cap, L.S. 3424,set at the North 114 comer of said Section. thence westerly along ttte Noatth line of lite northwest quarter at said Sectlott North 89* 27' 21'West. 872.34 feet to a 5/8"rebar with plastic reap, L.S, 3424,set an the easterly rig#et-of-way flue of the C01143 Crssta Craucsty Flood Control and Water Conservation District (hereinafter reforr+ed to as 'District') as defined by tite existing "Oistrier standard monuments,said morturnettts being a brass disc setIn concrete. thence along said easterly right-cif-`Wray line tite following courses, South 25* 30' 01" Bast, 142.04 feet to a standard 'District' monument set at the beginning of arcurve ca ncave to lite southwest having a radius of 1057.00 feet,thence southeasterly 158.35 €e;et gtcxng said carve through a central angle of 8$ 35' 02"to a standard 'District" rt'tonurment; thence South 16" 54' 59" East, 86'.138 feet to a point on the West lute of that certain parcel of land described In the Deed from Rosa Kries~ticb, of widow, to Alfred L. €?eJesus arts! Darlene DeJesus, his wife, recorded December 31, 1976.In Book 8148.Official Records. Page 200, Contra Costa County Records: thence leaving said 'Dlstricl" rlght-o!way line, along last said West lute the following courses South 23* 37` 21" East, 135.90 feat; South 10* 16' 21" East, 136.80 feet to a point ars sold "District" right-of-way lime on a non-tangent curve ctastcavea to the northeast having a radius of 443M feet, a radial line to which bears South 721 52' 29"West,thence leaving said westerly lime of 8148 O.R. 200, along said easterly "District" right-elf-way southeasterly 237.55 feet along last said curve througiva central angle of 313* 43' 28" to a standard "District" monument; thence South 47* 50' Sw East. 553.31 feet to a standard "District" rttonurnent set at Ilia beginning of a curvet concave tet the southwest having a radius of 557.00 feet; thence s+ utheastedy 138.91 feet along said +above throuylt at central angle of 14* 17' 19" to a point on the easterly lutes of said northwest quarter; thence leaving last said district right-of-way line. along last said easterly lute Notth 131" 19'31" East, 538.26 fent to 1" Iron pipe, on the northerly title of lite parcel of laird described In the Deed to Edwin 8. Sel ers et ux, dated December 14, 1932 and recorded January 31, 1933 in Book 345 of Orflcial records,at Page 18; tltences South 890 28' 35" East, along said northerly line slid its easterly extension 1657.99 feet to a 314" Iran pipe set on the westerly tight-of-way of that parcel of land described it) the Dead to, Scan Joaquin Valley Railway Company, recordedOctober 19, 1898, In Book 79, Deeds, Pages 467; thence along last said westerly right-of-way line the following courses. North 4TO 02' 54" West, 380AG feet to the beginning of a curves concaves to tite southwest having a radius of 11.409.20 feet; thence northwesterly 577.47 feet along said curve throuQit a central angle of 2* 54' 130" wence3 North 499 56`54'West, 142.49 reel to a point on the North lute of the northeast quarter of said Section 31; thence westerly along said North title, North 89° 28'23"West, 821.17 feet to the point of beginning. Containing 36.28 acres mire or lees. -••..� '', a N0.29528 .�- * Exp. 3-31-99 QF C ALIS Ordinance 99-03 Subdivision 87-6963 Zone 127 C m � pts z 0lk , tK COUJ -� • �" 143L LO 00 u7 � r � � d}- r•. d t Cq N 0 - 00 — W bz , pCaC z C7 6 -j UllU d U 7' co 10 — ...,._. — NO 1`19'31"E wm 538.26' i Ll <1 �.. t N cam_ �aw. to C �.1 Z4 cc cc) ot0ho (n CPco Q 00 ` $,-I Be" 1"=300' HUXAN "=8170' * COMPANY INE-7 DATE of/ /a g�t�sig)�es-uc � rex (410)283-3678, .� rs RIC- 09 �I 16A ' + ', '$.� fit s' wo 'got 0 �. 40 ICA ... .. o � � � �r � �► arcs f'Oc t � 10 IS� o " fop tit 40 40 .� 1 ' IL a¢t q i ain" , ISE3 Its pa Vitt, : ► r w to OR IV VP - '�>Cl v a t� ' ORDINANCE KC. 99-03 SD69637.ON6 127 FOR FISCAL YF.AP. jUl.Y 1,', 2000 TNROUC4j JUNE I306-20 01 Mailffff C PROPERTY USE Alr NUAL TAX �aQOQM , 11 Single Family Residence - $ 200 1 res.,1 site 12 laingle 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 farm land 1 Mo.Improvements-1 site $ 300 10 Miso. improvements• $ 200 2 or more sites 17 Vacant-1 site $ 100 18 Vacant•2 or more si#es $ 100 19 Single Family Residence • $ 200 -Det. uncommon area 20 Vacant-Multiple $ 100 21 " Duplex $ 200 22 Triplex $ 200 23 Fourplex $ 200 A - 24 Combinations $ 200 26 Apartments (b-12 units) $ 400 26, Apartments (13-24 units) $ 400 27 Apartments (25 i 59 units) $ 600 e ORDINANCE NO. 99-03 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 127 of County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: I UI LE I. P 7R OSF AND IRTEN . 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 12,2 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 127 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 99-03 2 . "Fiscal year" means the period of July 1 through the following June 30. 3 . Centra Costa County Service Area P-6 Zone 12 (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 Cade" 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 espy of the Assessor's use cede classifications chart is attached hereto as Exhibit B and incorporated herein. . "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 1A 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. zs�amE 11I. AMOUNT AND LEVEL OETAXES 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 E i r t Fiscal : The tax per year for the first fiscal year (July 1, 2000 through June 30, 2001) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. --2- ORDINANCE NO. 99-03 B. For Subspagu 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. A TJL COLLECTIQU AND A ,NMIINISTFATIQN. 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 'laxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE NO. 99-03 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 inconsis- tent 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 inconsis- tent with this Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancella- tions, 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 collect- ing 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, irrespec- tive of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VI. EFFECT IVE_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 May 11,E-9 so that taxes shall first be collected hereunder for the tax year beginning July 1, . -4- ORDINANCE NO. 99-03 PASSED AND ADO TED at a regular meeting of the Beard of Supervisors, County of Contra Costa, State of California, on March 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNI ER and CANCIAMILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator r By: Deputyr`i�r a3 r i' ter VJW:df df4:vjw\ord\csap6 —5— ORDINANCE 5— ORDINANCE NO. 99-03 Ordinance 99-03 Subdivision 87-6963 Zone 127 EXHIBIT"A" LEGAL DBScnip''noN REAL PROPERTY in an unincorporated area, County of Contras Costa. State of Califorihia. described as follows: Portion of the North 1/2 of Section 31, Township 2 North, Range 3 Cast, Mount Diablo Base al id Meridian, more particularly described as follows: Beginning at a 5/8" rebar with plastic cap, L.S. 3424,set at the North 1/4 corner of said Section, thence westerly along tine Noltlh line of tire northwest quarter atsaid Secttoih North 890 27` 21"West, 072.34 feet to a 5/8"reber with plastic cap.L.S. 3424, set on tite easterly right-of-way 11110 of tiler Contra Costa County Flood Control and Water Conservation District ihei after referred to as 'District') as defined by lite existing 'District" standard monuments,said monumer;ts being a brass disc set In concrete, thence along said easterly right-of-way line the following courses. South 25' 30' 131" Cast, 142.04 feet to ae standard "District" monument set at the beginning of arvcrrve concave to the southwest having a radius of 1057.00 feet. thence southeaestedy 158.35 feetAlong said curvethrough a central angle o(811 3T 02"to a1 standard 'District" monument; thence South 16" 54' 591 Cast, 66.06 feet to a point on the West line of that certain parcel of land described In the [deed from Rosa Kriestich, a widow. to Alfred L. DeJesus and Darlene DeJesus, Ills wife, recorded December 31, 1976.In Book 8148. Official Records, Page 200, Contra Costa County Records. thence leaving said "District" right-sof-way lime, along last said West tithe tine following courses South 23' 37' 21" Cast. 135.90 feet: South 10" 15' 24- East. 138.80 feet to a paint oil sell 'District' right-of-way line on a non-tangent curve conimvse to the northeast having a radius of 443.00 feet, a radial lime to which bears South 72' 52' 29'West;Me,nce leaving said westerly time of 6148 O.R. 200, along said easterly 'District* tight-of-way southeasterly 237,55 feet along last said curve through,a central angle of 300 43' 28" to a standard *Districr mhonumeed; thence South 47" 50' SW Cast. 553.31 feet to a standard 'District" rnoriurnent set at tile beginning of a curve concave to lite southwest having a radius of 557.00 feet; thence southeasterly 138.91 feet along said curve through a central angle of 14° 17' 19" to a point on the easterly lines of said northwest quarter; thence leaving last sold district right-of-wary litre. along fast said easterly line Noith€31" 19'31" East, 538.26 feet to 1w iron tripe, on Ilia northerly line or the parcal of land descn'bed In the Dead to Edwin S. Suers et ux, dated December 14, 1932 arid recorded January 31, 1933 In Book 345 of Official Records,at Page 18; tlhence South 890 28" 35" East, along said northerly line and its easterly extension 1657.99 feet to a 3/4" Iran pipe set on the westerly rlgtht-of-way of that parcel of land described in the Deed to. Sart Joaquin Valley Railway Company. recordedOctober 19, 18961, In Book 79, Deeds, Pager 467, thence along last said westerly right-of-way line the following courses: North 470 021 S4" West, 380.46 feet to the beginning of a curve concave to tins southwest having a radius of 11.409.20 feet; thence northwesterly 577.47 feet along said curve through a central# angle of 2" 54'00"t#hetice North 49° S6' 54'West, 142-49 fret to a paint an the Nortll title of tine northeast quarter of said Section 31;thence westerly along said North title, North 89" 2.8'23`West. 821.17 feet to the point of beginning. Cbnt:a,i.zta_ng 36-28 acres rrhrsre or less. cr_ N0.2952e k Exp. 3-31-99 do Of CAOt Ordinance 99-03 Subdivision 87-6963 Zone:127 � f cv Cy c1 tK r cr_ ffi c _J ' • C3 tj CL CL t7' txd d < mow. W 00 u'1 � M O kir e-CL 00 t 1 Ozw zn Ow Q_ O(jMCz < 0 0 �� <3 Z Ujj tLGo tt 3 'v i w z 538.26, tJ . i `r Cq 00 00ho (n 00 cif OWAL VALLEY RUN CP 'J f� SCALE 1"-300' �K id'N COMPANY INS DATE 01/22/99 4:4L r PLAT MAS'' 1091(610263-6000 BY ' taio)�ea�aAaie�� JOB No. get" OU�r tom.`. �.�.. � c V T a � . a ;3 f 9 ILA ILA ....E s .mac e► .+ . *It ,tip, .. �' � •� � .� � :fir �« �"� ,� P '14 L" LII- �.. $ .. ~� SIE S � CL cn Q. �- (no C, 57 CL Ca.(� ' '.tccy o 1,v c �.-4 5 tar 3 icn B tom. c � y �C�7 fit. i. m Cs w j c c n c_ tJ� , P a 0 � � - 0 d n _ d ORDINANCE �t0. `� ��t�963Zt�h!E 1,��. FOR FISCAL YEAR JULY 1.' 2000s TMOU # JUNE30,1.200 EMIT—C PROPERTY USE Ate NUAL TA,X CPMR CATEGORY P Q A PER PARM 11 Single Family Residence - $ 200 12 6ingle Family Residence - $ 200 # res.,2 or more saes Single Family Residence - $ 200 2 res.on 1 or more sites 14 Single Family Residence- $ 200 other than single fare. land °t 5 Miso. Improvements-1 site $ 200 16 t4sc.Improvements- $ 200 2 or more.sites 17 Vacant-1 site $ 100 18 Vacant-2 or more sties $ 100 100 19 Single Family Residence - $ 240 ° Met. wlcommon area 20 Vacant-Multiple .. $ 100 21 ' Duplex $ 200 ' 22 Triplex $ 200 ~ ° r 23 Foutplex $ 200 r 24 Combinations $ 200 25 Apartments (5-12 units) $ 400 28'. Apartments (13 .24 units) $ 400 27 Apartments (25.59 units) $ 800