The URL can be used to link to this page

Home My WebLink AboutORDINANCES - 04281987 - 87-25 2 ORDINANCE NO. 87-25 AN ORDINANCE OF THE EAST DIABLO FIRE PROTECTION DISTRICT ESTABLISHING BENEFIT A ASSESSMENT TO FINANCE FIRE SUPPRESSION SERVICES The Board of Supervisors of Contra Costa County, as and constituting the Board of Directors of the East Diablo Fire Protection District, ordains as follows: SECTION 1 : AUTHORIZATION AND PURPOSES. This ordinance and the benefit assessment authorized herein is adopted pursuant to Government Code §§ 50078 et seq. The purpose for which this benefit assessment is levied is to establish a stable District source of funds to obtain, furnish, operate and maintain fire suppression equipment and services , and for the purpose of paying salaries and benefits of fire fighting personnel, whether or not fire suppression is actually used. SECTION 2: CURRENT FUNDING. Fire suppression services within this district are being funded by an allocation of property tax revenues and non-property tax revenues such as permit fees . SECTION 3 : DETERMINATION OF NECESSITY. The level of fire suppression services that can be provided by existing revenue sources have been determined to be inadequate •to meet the current and future needs of this Fire District. SECTION 4. LIMITATION UPON EXPENDING ASSESSMENT PROCEEDS . Any funds collected from the benefit assessment authorized by this ordinance shall be expended only for fire suppression services within the District. Any unexpended funds raised by the assessment remaining at the end of any fiscal year shall be carried over for the same purpose for the next fiscal year. SECTION 5 . DEFINITIONS . The following definitions shall apply throughout this ordinance: (a) "Assessment" shall mean the benefit assessment authorized by and imposed pursuant to this ordinance. (b) "Board" means the Board of Supervisors as the Board of Directors of the East Diablo Fire Protection District. (c) "Commercial" means parcels assigned the following use codes by the Assessor of Contra Costa County: 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 , 48, 49 . (d} "Fiscal year" means the period of July 1 through the following June 30. (e) "Industrial" means parcels assigned the following use codes by the Assessor of Contra Costa County: 50, 51, 52 , 53, 54 , 55, 56, 57 , 58, 59. (f) "Institutional" means parcels assigned the following use codes by the Assessor of Contra Costa County: 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 . (g) "Land" means parcels assigned the following use codes by the Assessor of Contra Costa County: 60 , 61, 62, 63, 64 , 65, 66, 67 , 68, 69 . ORDINANCE NO. 87-25 • y 22 Triplex $ 29 . 00 $ 29. 00 23 Fourplex $ 29. 00 $ 29. 00 24 Combinations $ 29.00 $ 29.00 25 Apartments ( 5-12 units ) $ 72. 50 $ 72. 50 26 Apartments (13-24 units ) $101.50 $101.50 27 Apartments ( 25-59 units) $145. 00 $145. 00 28 Apartments ( 60+ units ) $145.00 $145.00 3. Commercial: 30 Vacant - commercial $ 7. 25 $ 7 .25 31 Commercial stores - not supermarkets $ 43. 50 $ 43. 50 32 Small grocery stores ( 7-11, etc. ) $ 43. 50 $ 43. 50 33 Office Buildings $ 58. 00 $ 58. 00 34 Medical, dental $ 58. 00 $ 58. 00 35 Service stations , car wash $ 58. 00 $ 58. 00 36 Garages $ 58. 00 $ 58. 00 37 Community Facilities (recreational, etc. ) $ 29. 00 $ 29 . 00 38 Golf Courses $ 72 .50 $ 72 .50 39 Bowling Alleys $ 72. 50 $ 72.50 40 Boat Harbors $ 87.00 $ 87 . 00 41 Supermarkets (not in shopping centers ) $ 87.00 $ 87 . 00 42 Shopping Centers (incl. vacant for future) $101.50 $101.50 43 Financial Buildings ( Ins . , Title, Banks , S&L) $ 58. 00 $ 58. 00 44 Motels, Hotels & Mobile Home Parks $ 72 .50 $ 72 .50 45 Theaters $ 72. 50 $ 72. 50 46 Drive-in Restaurants $ 43.50 $ 43.50 47 Restaurants (Not Drive-in) $ 72 . 50 $ 72. 50 48 Multiple & Commercial $ 72 . 50 $ 72.50 49 New Car Auto Agencies $ 72. 50 $ 72. 50 4 . Industrial: 50 Industrial Vacant Land (not Indus . park) $ 72 .50 $ 72 .50 51 Industrial Park $101. 50 $101. 50 52 Research & Development (w/ or w/o structures ) $101. 50 $101. 50 53 Light Industrial $101. 50 $101.50 54 Heavy Industrial $145. 00 $145. 00 55 Unassigned $101.50 $101.50 56 Miscellaneous Improvements $101. 50 $101. 50 57 Unassigned $101. 50 $101.50 58 Unassigned $101. 50 $101. 50 59 Unassigned $101.50 $101. 50 5. Land: 60 Unassigned (Land) $ 14. 50 $ 14 . 50 61 Rural, Res . Improv. , lA - 10A $ 14.50 $ 14.50 62 Rural, w/ or w/o misc. struct. lA - 10A $ 14 . 50 $ 14 . 50 63 Urban Acreage 10A - 40A $ 29. 00 $ 29 . 00 64 Urban Acreage 40A & over $ 43. 50 $ 43. 50 65 Orchards/Vineyards 10A - 40A $ 14.50 $ 14.50 66 Orchards/Vineyards 40A & over $ 14.50 $ 14.50 67 Dry Farming 10A - 40A $ 19. 00 $ 29 . 00 68 Dry Farming 40A & over $ 43. 50 $ 43. 50 69 Agricultural Preserves $ 29. 00 $ 29.00 -3- ORDINANCE NO. 87-25 a. 6 . Institutional: 70 Convalescent Hospitals/ Rest Homes $ 87.00 $ 87.00 71 Churches $ 43. 50 $ 43. 50 72 Schools (Public or Private ) $ 72 .50 $ 72 .50 73 Hospitals $ 87 . 00 $ 87. 00 74 Cemetaries/Mortuaries $ 43.50 $ 43.50 75 Fraternal & Service Organizations $ 58. 00 $ 58.00 76 Retirement Housing Complex $145.00 $145. 00 77 Cultural Uses (Libraries ) $ 43 .50 $ 43.50 78 Parks & Playgrounds $ 14 . 50 $ 14 . 50 79 Government Owned (Fed. , State, City, BART) 1� 7 . Miscellaneous: 80 Mineral Rights 81 Private Roads $ 7.25 $ 7 . 25 82 Pipelines & Canals $ 58. 00 $ 58. 00 83 State Board Assessed $ 43.50 $ 43 .50 84 Utilities (Not Assessed by State Board) $ 43 .50 $ 43.50 85 Public & Private Parking $ 14. 50 $ 14. 50 86 Municipally Owned Properties Q� 87 Common Area $ 29. 00 $ 2e.00 88 Mobile Homes $ 14.50 $ 14.50 89 Other (Split Parcels in diff. tax code areas ) $ 14. 50 $ 14. 50 99 Awaiting Assignment $ 14 .50 $ 14 .50 SECTION 8 . SUBSEQUENT FISCAL YEAR ASSESSMENT. Prior to the end of each July, the Board shall levy an assessment pursuant to this ordinance upon parcels in the District for the next fiscal year in amounts not exceeding the foregoing maximum per parcel. SECTION 9 . The assessment levied on each parcel pursuant to this ordinance shall be a charge upon the parcel and shall be due and collectable as set forth in Section 10 , below. A complete listing of the amount of assessment on each parcel shall be maintained by the Chief of the District and be available for public inspection at the District headquarters during the remainder of the fiscal year for which such assessment is levied. SECTION 10. COLLECTION AND COUNTY COSTS. The County shall collect the benefit assessment adopted herein for the initial Fiscal Year 1987-88 and for subsequent fiscal years in the same manner, and subject to the same penalties as , other fees, charges , and taxes fixed and collected by, or on behalf of the District and Contra Costa County. For its collection cost, the County may deduct its reasonable costs incurred for that service before remittal of the balance to the District. SECTION 11 . CORRECTIONS, CANCELLATIONS AND REFUNDS . In so far as feasible and not inconsistant with this ordinance, the times and procedures regarding exemptions, due dates, installment payments, corrections , cancellations, refunds, late payments , penalties, liens, and collections for secured roll ad valorim property taxes should be applicable to the collection of this assessment. Notwithstanding to anything to the contrary in the foregoing, as to any subsequent year assessment levied under this ordinance the secured roll tax bills shall be the only notices required. -4- ORDINANCE NO. 87-25 SECTION 12. ASSESSMENT LIMITATIONS. (a) Assessor' s records. The records of the County Assessor as of March 1 of each year shall determine for the next fiscal year the use code designation for parcel assessment and whether a residential, commercial or industrial structure exists (and the size thereof) for the purposes of assessment pursuant to this ordinance. (b) Public property. The benefit assessment established by this ordinance shall not be imposed on a federal, state or local agency. (c) State Responsibility area. A benefit assessment shall not be levied for wild land or watershed fire suppression on land located in a state responsibility area as defined in Section 4102 of the Public Resources Code. (d) Agricultural lands. Benefit assessments levied on land devoted primarily to agricultural, timber, or livestock uses, and being used for the commercial production of agricultural, timber, or livestock products , shall be related to the relative risk to the land and its products pursuant to Government Code Section 50078.6 (b) . (e) Low value exemption. All parcels of real property which, prior to the levy of the benefit assessment allowed by this ordinance, are exempt from property tax pursuant to Revenue and Taxation Code § 155. 20, shall be exempt from said benefit assessment . SECTION 13 . PROTEST. On April 21 and 28, 1987, the Board conducted public hearings on the establishment of the benefit assessment levied (and to be levied) by this ordinance. Any written protests filed with the Clerk of this Board prior to the hour of the notice of public hearing on the matter by those who will be obligated to pay the benefit assessment represent less than 5% of the total amount of expected revenue on the assessment. SECTION 14. ELECTION. No election is required to approve the levying of the benefit assessment for fire suppression services authorized by this ordinance. SECTION 15 . SEVERABILITY. If any assessment or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not effect the validity or enforcebility of the remaining assessment or provisions of this ordinance, and the Board declares that it would have adopted each part of this ordinance or other assessment irrespective of the invalidity of any other part or assessment. SECTION 16 . EFFECTIVE DATE. This ordinance shall become effective, 60 days after passage, and within 15 days of passage, shall be published once with the names of Supervisors voting for or against it in the ANTIOCH DAILY LEDGER , a newspaper of general circulation published within the County and District. -5- ORDINANCE NO. 87-25 PASSED and ADOPTED on April 28, 1987 by the following vote. AYES: Supervisors Powers, Torlakson and McPeak NOES: Supervisor Fanden ABSENT: Supervisor Schroder ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Deput Chairperson, Board of Supervisors Supervisor �1 Sup rvisor Supervisor Supervisor -6- ORDINANCE NO. 87-25