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HomeMy WebLinkAboutORDINANCES - 03081994 - 94-21 i ORDINANCE NO. 94- 21 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in the Discovery Bay's County Service Area- No. M-8 Area. 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 Discovery Bay's County Service Area M-8 (."CSA M-8" ) boundaries 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 County Service Area M-8 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO.94-21 2. "Fiscal year" means the period of July 1 through the following June 30 . 3 . Contra Costa County Service Area M-8 means that portion of the unincorporated area of Contra Costa County located within CSA M-81s boundaries. 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 A 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 CSA M-8 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' l, 1994 through June 30, 1995) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B 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 -2- ORDINANCE 2- ORDINANCE NO. 94-21 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 CSA M-8 for the then current fiscal year as set forth below. For each Property Use Category on Exhibit B, 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. Ar 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. 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 -3- ORDINANCE NO. 94-21 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 County special tax shall be deducted from the collected taxes . Otherwise, the proceeds of such tax shall be used only for the benefit of residents in the Discovery Bay area . ARTICLE V. CSA P-6 Zone Taxes Should the voters confirm this ordinance and any special tax for police services is levied pursuant to it, during the fiscal year period of any such levy, no additional similar special tax shall be levied for, and in any CSA P-6 zone located within the CSA M-8 area. ARTICLE VI . 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 area 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 VII . - EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the CSA M-8 area in an election to be held June 7, 1994 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1994 . -4- ORDINANCE NO. 94-21 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on March 8, 1994 by the following vote: AYES: SUPERVISORS Smith, Bishop, Torlakson and Powers NOES: None ABSENT: Supervisor McPeak ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy oard Chair VJW:df df10(2):csam8 -5- ORDINANCE NO. 94/21