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November 8, 2016 — California General Election
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— Special Parcel TaxOrdinance —

Special District
November 8, 2016 —California General Election

Aromas Tri-County Fire Protection District
Measure S Ordinance - 2/3 Approval Required

To learn more about measures, follow the links for each tab in this section. For most screenreaders, you can hit Return or Enter to enter a tab and read the content within.

Election Results

Failed

670 votes yes (45.8%)

793 votes no (54.2%)

  • 100% of precincts reporting (6/6).
  • 1,463 ballots counted.

Shall the Ordinance that imposes a special tax in an amount not-to-exceed $230 dollars per developed parcel per year, and generating estimated revenues of between $410,000 and $487,500 dollars annually, with no termination date, be adopted to fund engine-company based paramedic services within the District?

Impartial analysis / Proposal

Approval of this measure will authorize the Aromas Tri-County Fire Protection District to levy a special parcel tax at a rate not to exceed $230 per year on developed parcels.

 

The District estimates revenue raised between $410,000 and $487,500 annually. There is no sunset or termination date for the tax. The purpose of the tax is to raise revenue for the addition of paramedic services. The District crosses the county boundaries of Monterey, Santa Cruz and San Benito. The Fire Protection District is a public agency, separate from any County or any city. The District was formed in 1963 to provide fire protection services.

 

District personnel are trained for fire suppression and emergency medical service. Monterey, Santa Cruz and San Benito Counties each have an Emergency Medical Services Agency providing ambulance service. The Fire District will need approval from these county EMS agencies to add paramedic services. However, the District Board finds that separate funding by the District is needed to maintain sufficient levels of paramedic services for its residents.

 

The revenue raised by the tax is estimated to cover one paramedic on one fire engine, as well as specialized supplies and training. As a special tax, the revenue raised may only be used of financing engine-company based paramedic services within the District. If the Measure is adopted, the tax shall be collected annually through each county’s property tax bill in the same manner as the county property taxes are collected, and subject to the same penalties.

 

The District Board of Directors will hold a public hearing annually during budget hearings to determine the amount of the tax levy. A majority vote of the Board is required each year to establish the levy and it shall not exceed the maximum allowed of $230 per developed parcel.

 

This measure was placed on the ballot by the Board of Directors of the District and makes no change to existing law. The tax proposed to be levied is a special tax as defined by the state constitution and statute. This measure requires a two-thirds (2/3) vote of the electorate for passage.

 

A “yes” vote on this measure is a vote in favor of the District levying a parcel tax on developed parcels for the purposes set forth in the full-text of the measure.

 

A “no” vote on this measure is a vote against the District levying a parcel tax on developed parcels for the purposes set forth in the full-text of the measure.

 

BARBARA THOMPSON, Assistant County Counsel

— Barbara Thompson, Assistant County Counsel

YES vote means

A “yes” vote on this measure is a vote in favor of the District levying a parcel tax on developed parcels for the purposes set forth in the full-text of the measure.

NO vote means

 

A “no” vote on this measure is a vote against the District levying a parcel tax on developed parcels for the purposes set forth in the full-text of the measure.

 

Arguments FOR

No arguments for or against were filed. 

Arguments AGAINST

No arguments for or against were filed. 

Proposed legislation

Special Parcel Tax to Finance Paramedic Services within the District

Section 1. Pursuant to the authority of California Health and Safety Code Sections 13911 and 13913 and other applicable law, the Aromas Tri-County Fire Protection District (District) hereby levies and assesses a special tax on all developed parcels of real property within the Aromas Tri-County Fire Protection District for each fiscal year. It is the sole purpose and intent of this Ordinance to impose a special tax for paramedic services.

Section 2.  Special Tax Imposed.

A special tax for the purpose specified in Section 4 of this Ordinance shall be imposed on all developed parcels of real property in the Aromas Tri-County Fire Protection District for each fiscal year, commencing with fiscal year 2017-2018. Developed parcels include real property with improvements.

The maximum amount of the special tax for fiscal year 2017-18 shall be $230.00 per developed parcel. The records of the Monterey County Assessor as of March 1st of each year shall determine the use and improvement of each parcel for the calculation of the special tax applicable to that parcel in the following fiscal year.

For the purposes of this Ordinance, the term “Parcel” shall mean a parcel of real property within the District, having a separate assessor’s parcel number as shown on the last equalized assessment roll of the Counties of Monterey, Santa Cruz or San Benito, as identified in Exhibit A, and incorporated by reference.

Section 3.  Annual levy; Public Hearing.

The Board of Directors shall conduct a public hearing regarding the proposed annual levy of the special tax during the budget hearing for the applicable year. Notice of the public hearing shall be published in accordance with District procedures at least ten (10) days prior to the hearing.

The Board of Directors shall annually by an affirmative vote of at least a majority of its members establish the amount of the special tax levy, in an amount that does not exceed the maximum amount specified in Section 2 of this Ordinance. The special tax shall not be measured by the value of the property.

Section 4.  Special Fund, Use of Tax Proceeds.

The proceeds of the special tax imposed by this Ordinance shall be placed in a special fund to be used solely for the purpose of financing engine-company based paramedic services within the District.

Section 5.  Collection.

The special tax imposed by this Ordinance shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the Counties of Monterey, Santa Cruz and San Benito on behalf of the Aromas Tri-County Fire Protection District. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the Aromas Tri-County Fire Protection District by the persons who own the parcel on the date the tax is due. Any tax levied shall become a lien upon the properties against which taxes are assessed and collectible as herein provided.

Section 6.  Amendment.

The Board of Directors shall be empowered to amend this Ordinance by an affirmative vote of at least a majority of its members to carry out the general purposes of this Ordinance, to conform the provisions of this Ordinance to applicable state law, to modify the methods of collection, or to assign the duties of public officials under this Ordinance.

In no event shall the Board of Directors amend this Ordinance to increase the maximum amount of the special tax established in section 2 of this Ordinance, unless approved by two-thirds of the voters voting thereon.

Section 7.  Exemptions.

The special tax shall not be imposed upon any parcel that is exempt from the special tax pursuant to any provision of the Constitution, California State law, or any paramount law. The Board of Directors by Ordinance may adopt exemptions to the special tax imposed by this Ordinance.

Section 8.  Invalidity and Severability.

If any section of this Ordinance is held invalid or unenforceable by the final judgments of any court, then that section may be amended by the Board of Directors by a majority vote to conform to the judgments of such court, provided such amendment is consistent with the purpose and intent of this Ordinance.

 

If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this Ordinance are declared to be severable. The Board of Directors, and the electorate by referendum, do hereby declare that they would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional.

Section 9.  Effective Date.

This Ordinance proposing the special tax shall be submitted to the voters of the District at an election to be conducted on November 8, 2016, and shall take effect immediately upon its confirmation by two-thirds (2/3rds) of the voters voting upon the ballot measure at the election.

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