HomeMy WebLinkAboutMINUTES - 04102007 - SD.4 TO: BOARD OF SUPERVISORS { ,
Contra
FROM: DENNIS M. BARRY, AICP y Costa
0. _ .;.`�P ._
4
COMMUNITY DEVELOPMENT DIRECTOR County
ON'��TA`CO �y
DATE: April 10, 2007
SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY
SERVICE AREA P-6, RELATED ORDINANCE ADOPTION AND FIXING OF
ELECTION THEREOF AND FORMATION OF ZONE 3109 FOR SUBDIVISION
#SD058940 IN THE EL SOBRANTE AREA (SUPERVISORIAL DISTRICT 1)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Adopt the Resolution authorizing an election for Zone 3109 in County Service Area
P-6. (Resolution No. 2007/112)
2. Adopt the Ordinance establishing a fee for Police Service District for SD058940.
(Ordinance 2007-14)
CONTINUED ON ATTACHMENT: X YES SIGNATURE
COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF.BOARD COMMITTEE
APPROVE OTHER
r
SIGNATURE(S):Ql�_ Zxa:;11Z
ACTION OF BOA D NAPPROVED AS RECOMMENDED O HER
The Chair opened the public hearing; there were no public speakers. The Chair
closed the public hearing.
TE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Foster Lee,335-1380 ATTESTED (.ti LLL 10 1 -aCO/
JOHN CULLEI , CLERK OV THE BOARD OF
cc: Community Development Department(CDD) SUPERVISORS AND COUNTY ADMINISTRATOR
Elections-Rosa Mena
Sheriff Coroner-Liz Arbuckle �n/')
Auditor-Controller BY �`2 —, DEPUTY
Assessor
Irwin and Betty Ku
SD058940.psd/fl2470
April 10, 2007
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 4000 and shall be held on the earliest date permitted by law. (June 12,
2007)
BACKGROUND
This application was approved by the Zoning Administrator on October 10, 2005,with the requirement
to establish a Police Service District prior to recordation of the final map. A maximum of 44
condominium units are allowed.
Condition of Approval #33 of Subdivision #058940 requires the applicant to agree to place the
development in a "County Service Area" to augment police services based upon the use of the site.
The initial assessment is $200.00 per lot.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 10, 2007 by the following vote:
AYES:
NOES: 04m e"
ABSENT: J�Vwi ( )
ABSTAIN:
SUBJECT: Creating County ) RESOLUTION NO.2007/112
Service Area P-6 Zone 3109. ) (Gov. C. 25210.8 &
(SUB 058940) ) 59000 f£)
in the El Sobrante area )
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:
I. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit"A" is
established as Zone 3109 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.2007-14 adopted this date is to be presented for approval of the voters of
Zone 3109 of County Service Area No. P-6 by an June 12,.2007 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No.2007-14 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 3109 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.
Orig. Dept:Community Development
cc: County Counsel
Elections--Rosa Mena
Sheriff-Coroner, Liz Arbuckle
Auditor-Controller
Assessor
fl
RESOLUTION NO: 2007/112
Resolution #2007/112
Subdivision#058940
Zone#3109
"Exhibit"A"
Land Surveying Inc.
1828 Bonita Road, PH. (510)232-3095
Richmond, CA 94806 FAX(510)232-3131
February 14, 2007
04-884
LEGAL DESCRIPTION-POLICE SERVICE DISTRICT
5312-5324 D'AVILLA WAY,EL SOBRANTE- SUBDIVISION 8940
A.P.N. 433-230-008-8
Real property in an unincorporated area of Contra Costa County; California.
,a
A portion of Lot 25, as designated on the Map entitled"Map of Rancho El Sobrante,
Accompanying and Forming a Part of the Final Report of the Referees in Partition of said
Rancho",which Map was filed in the Office of the County Recorder of the County of Contra
Costa, State of California, on March 14, 1910, described as follows:
Beginning at the intersection of San Pablo Dam Road, as it exists today, with the eastern line of
the property described in the deed to the David P. and Anita J. Leimone Revocable Trust,
recorded November 22, 2000,under Series Number 2000-0262438, Contra Costa County
Records; thence North 9°19'25"East, 94.30 feet; thence North 32°58'02"East, 78.00 feet;
thence South 19°09'28"West, 37.60 feet; thence North 60056132"East, 72.00 feet; thence North
79°59'32"East, 94.65 feet;thence North 67°41'02"East,48.19 feet; thence North 81°28'32"
East, 32.42 feet; thence North 26°39'32"East,29.19 feet; thence North 50°40'58"West,48.37
feet; thence North 23°57'28"West, 60.59 feet; thence North 53°34'29"East,44.62 feet; thence
South 30°16'58"East, 10.43 feet; thence North 32'06'13"East, 88.43 feet; thence South
44°39'47"East, 234.11 feet to the western line of D'Avilla Way; thence along said line of
D'Avilla Way, South 19°05'08"West, 118.90 feet; thence along the arc of a curve to the left,
with a Radius of 228.00 feet, an Are distance of 61.87 feet; thence South 3'32'13"West,43.76
feet; thence along the arc of a curve to the left,with a Radius of 172.00 feet, an Arc distance of
124.84 feet; thence North 48°31'58"West,44.25 feet; thence South 2°16'58"East, 56.13 feet;
thence South 49°59'02"West, 77.60 feet; thence along the arc of a curve to the right, with a
Radius of 172.00 feet, an Arc distance of 10.35 feet; thence North 40'01'18"West, 11.69 feet;
thence South 49°59'02"West, 20.00 feet; thence South 40'01'18"East, 7.94 feet; thence along
the arc of a curve to the right,with a Radius of 172.00 feet, an Arc distance of 23.03 feet; thence
South 70'07'13"West, 98.09 feet; thence along the arc of a curve to the right,with a Radius of
20.00 feet, an Are distance of 25.06 feet to the eastern line of said San Pablo Dam Road; thence
along said line along the are of a curve to the right, with a Radius of 945.00 feet, an Are distance
of 77.57 feet; thence North 33°31' 46"West, 190.37 feet, to the Point of Beginning.
Contains an area of approximately 171,818 square feet (3.94 acres).
END OF DOCUMENT €J '' 7677C,-,1
-07
Resolution #2007/112
Subdivision #058940
Zone#3109
"Exhibit "B"
APN 433-230-011
LEIMONE
0° 2000-0262438
78.00
N32'58'02"E
+ O v APN 433- N5 ,30-Aro-59"E p.00a
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^ ?.00. F 9S96s' cod:n N32'p6'13"E
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LOT 1 2919 p P, W 0
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SUBDIVISION 8940 Y Q
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AREA=171,818± SO. FT. V)
3.94 ACRES
OL6
C5 S98w LS L3 CI
09' 1p L4 L2 LI
C4 S49-59 02"W
77,6p,
C3 C2
POLICE SERVICE DISTRICT
BOUNDARY MAP �®
FOR SUBDIVISION 8940
5312 - 5324 D AVILLA WAY
• 170
PORTIONS OF LOTS 25 & 32, MAP OF THE RANCHO EL SOBRANTE.
FILED MARCH 14, 1910, RECORDS OF CONTRA COSTA COUNTY.
CITY OF EL SOBRANTE. COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA.
FEBRUARY, 2007 SCALE 1" - 100'
BAY AREA LAND SURVEYING INC. ®PCS
1828 BONITA ROAD
RICHMOND, CALIFORNIA
94806
(510) 232-3095 �'(Le-0-7
A.P.N. 433-230-008-8 SHT. 1 OF 1 F.B. # 156 /D'AVILLA8848ND8.5X11.DWG JOB # 04-884
ORDINANCE NO. 2007-14
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone 3109 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 3109 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 Il. 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 3109 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 3109 (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 C 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.
Ordinance 2007-14
1
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 I 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 11I. 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, 2008 through June 30, 2009) shall be the Amount of
Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein.
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.
Ordinance 2007-14
2
r
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 3109 in an election to be held June 12, 2007 so-that taxes shall first be collected
hereunder for the tax year beginning July 1, 2008.
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra
Costa, State of California, on April 10, 2007 by the following vote:
AYES:SUPERVISORS Gl.ota, ; 19
NOES: Non
ABSENT: FjQfl.f,t&
ABSTAIN: r AI
ATTEST: JOHN CULLEN, County Administrator an
Clerk of the Board of Supervisors
By: �v ,
Deputy Bo air
Ordinance 2007-14
3
Ordinance#2007-14
Subdivision #058940
Zone#3109
"Exhibit "A"
Land Surveying Inc.
1828 Bonita Road, PH.(510)232-3095
Richmond, CA 94806 FAX(510)232-3131
February 14, 2007
04-884
LEGAL DESCRIPTION-POLICE SERVICE DISTRICT
5312-5324 D'AVILLA WAY, EL SOBRANTE- SUBDIVISION 8940
A.P.N. 433-230-008-8
Real property in an unincorporated area of Contra Costa County, California.
�c
A portion of Lot 25, as designated on the Map entitled"Map of Rancho El Sobrante,
Accompanying and Forming a Part of the Final Report of the Referees in Partition of said
Rancho", which Map was filed in the Office of the County Recorder of the County of Contra
Costa, State of California, on March 14, 1910, described as follows:
Beginning at the intersection of San Pablo Dam Road, as it exists today,with the eastern line of
the property described in the deed to the David P. and Anita J. Leimone Revocable Trust,
recorded November 22, 2000,under Series Number 2000-0262438, Contra Costa County
Records;thence North 9°19'25"East, 94.30 feet; thence North 32°58'02"East, 78.00 feet;
thence South 19°09'28"West, 37.60 feet; thence North 60156'32"East, 72.00 feet; thence North
79°59'32"East, 94.65 feet; thence North 67°41'02"East, 48.19 feet;thence North 81°28'32"
East, 32.42 feet; thence North 26°39'32"East, 29.19 feet; thence North 50°40'58"West,48.37
feet; thence North 23°57'28"West, 60.59 feet; thence North 53°34'29"East,44.62 feet; thence
South 30°16'58"East,10.43 feet; thence North 32'06'13"East, 88.43 feet; thence South
44°39'47"East,234.11 feet to the western line of D'Avilla Way; thence along said line of
D'Avilla Way, South 19°05'08"West, 118.90 feet; thence along the arc of a curve to the left,
with a Radius of 228.00 feet, an Arc distance of 61.87 feet; thence South 3'32'13"West,43.76
feet; thence along the arc of a curve to the left, with a Radius of 172.00 feet, an Are distance of
124.84 feet;thence North 48°31'58"West,44.25 feet; thence South 2°16'58"East, 56.13 feet;
thence South 49°59'02"West, 77.60 feet;thence along the arc of a curve to the right,with a
Radius of 172.00 feet, an Are distance of 10.35 feet; thence North 40'01'18"West, 11.69 feet;
thence South 49°59'02"West, 20.00 feet; thence South 40°01'18"East, 7.94 feet; thence along
the arc of a curve to,the right,with a Radius of 172.00 feet, an Are distance of 23.03 feet;thence
South 70'07'13"West, 98.09 feet; thence along the arc of a curve to the right, with a Radius of
20.00 feet, an Are distance of 25.06 feet to the eastern line of said San Pablo Dam Road; thence
along said line along the arc of a curve to the right,with a Radius of 945.00 feet, an Are distance
of 77.57 feet;thence North 33°31' 46"West, 190.37 feet,to the Point of Beginning.
END
Contains an area of approximately 171,818 square feet(3.94 acres). ����o A
Hb,
END OF DOCUMENT
Z-31-0
C 7
Ordinance#2007-14
Subdivision #058940
Zone#3109
"Exhibit"B"
APN 433-230-011
LEIMONE
2000-0252438
78.00'
N32'58'02"E
� 16'58"E
�� APN 433-230-025 N5334,2g" $300 43 433_230_004
lir 69q ��ry3 44 62' E aP 2p03 K0553803
, '�y ^ OO S9sS• �cCY .32'06'13"E
88.43'
w N6�, �i�8 Ate• coo
po co
(O 8 l9'�F « O06
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,� N2639 32 Z M 00" '
LOT 1 2919 "0 0
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't (nN
1171 SUBDIVISION 8940 Y Q
C6 AREA=171.818± SO. FT.
3.94 ACRES
519 18 g0
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C5 S9O0'' " L5 L3 C1
L4 L2 L1 Al
C4 S49-59 1
C3 77 60' WC2 4gg�E.
D'
POLICE SERVICE DISTRICT
BOUNDARY MAP
FOR SUBDIVISION 8940
5312 - 5324 D'AVILLA WAY ;
PORTIONS OF LOTS 25 & 32, MAP OF THE RANCHO EL SOBRANTE, '�°����
FILED MARCH 14. 1910, RECORDS OF CONTRA COSTA COUNTY,
CITY OF EL SOBRANTE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA. �°
FEBRUARY, 2007 SCALE 1" - 100'
BAY AREA LAND SURVEYING INC.
1828 BONITA ROAD
RICHMOND. CALIFORNIA n
94806
(510) 232-3095
A.P.N. 433-230-008-8 SHT. 1 OF. 1 F.B. # 156 D'AVILLA884BND8.5X11.DWG JOB # 04-884
ORDINANCE NO. 2007-14 ZONE 3109
FOR FISCAL YEAR JULY 1, 2008, THROUGH JUNE 30, 2009
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence—
1 residence, 1 site $200
12 Single Family Residence- $200
1 residence, 2 or more sites
13 Single Family Residence- $200
2 residences on 1 or more sites
14 Single Family Residence— $200
other than single family land
15 Misc. Improvements— I site $200
16 Misc. Improvements—2 or more sites $200
17 Vacant— I 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 Combination $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 Home-Parks $600
45 Theaters $600
46 Drive-In Theaters $400
47 Restaurants (not drive-in) $400
48 Multiple & Commercial $400
a r
49 New Car Agencies $400
50 Vacant Land $100
(not part of 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 IA-10A $200
62 Rural, W/or w/o Structure 1 A-l OA $200
70 Convalescent Hospitals/Rest Homes $400
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 tax code areas) $200
99 Awaiting Assignment $200