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2005 California Government Code Sections 25210.60-25210.68 Facilities and Services
GOVERNMENT CODESECTION 25210.60-25210.68
25210.60. The board of supervisors of any county is authorized to establish and maintain, pursuant to the provisions of this chapter local park, recreation or parkway facilities and services within any county service area established for that purpose. 25210.61. A local park, recreation or parkway facility as those terms are used in this chapter mean and refer to those parks, recreation or parkway facilities which the board of supervisors determines are maintained primarily for the benefit of and are used primarily by residents within the county service area. 25210.62. If local park, recreation or parkway facilities are to be established and maintained within any county service area, the board of supervisors may on or before April 1st of each year, by resolution, specify the park, recreation or parkway facilities to be established and maintained at the expense of county service area funds within the county service area and the extent of the work to be done in connection therewith during the next succeeding fiscal year. The board shall also designate the county officer whose duty it shall be to maintain, operate, manage and control such facilities and perform such work, subject to the direction of the board of supervisors. 25210.62a. If local park, recreation or parkway facilities are to be established and maintained within any county service area the board of supervisors may at the time it adopts its final budget for the county determine the nature, extent and cost of such local park, recreation or parkway facilities to be provided at the expense of county service area funds within the area during the fiscal year for which the final budget of the county is adopted. In the event that the board of supervisors elects to and does determine the nature, extent and cost of providing such local park, recreation or parkway facilities pursuant to this section, the provisions of Sections 25210.62, 25210.63, 25210.64 and 25210.65 shall be inapplicable to any such determinations and the board of supervisors shall fix, levy and collect taxes therefor within the area in the same manner and at the same time as other county taxes are fixed, levied and collected. 25210.63. On or before July 10th of each year, as the board of supervisors directs, the officer designated by the board of supervisors for that purpose, shall file with the board of supervisors and the county auditor an estimate accompanied by such supporting data as the board of supervisors may require, of the cost of providing the park, recreation or parkway facilities and services determined upon by the resolution of the board of supervisors. The estimate shall show the amount of money required for general fund purposes and for salary fund purposes. 25210.64. The board of supervisors shall either adopt or revise the estimate and the estimate as finally approved by the board of supervisors shall fix the amount of money required for the purpose of providing, pursuant to this chapter, local park, recreation or parkway facilities and services in the area for the next succeeding fiscal year and no other budgetary requirements for such local park, recreation or parkway facilities and services shall be deemed applicable to the area. 25210.65. Each year at the time the board of supervisors fixes and levies taxes for county purposes it shall also fix the rates of county service area taxes and shall levy the taxes upon all taxable property within the area. The rate shall be such as will produce, after due allowance for delinquency as fixed by the board, the amount found by deducting from the estimate, finally approved by the board, the amount of estimated revenue from other sources of the county service area during the fiscal year and any available surplus. With respect to any county service area formed between January 1 and June 1, 1966, the board may levy an annual special assessment upon the property within the county service area for recreational services and facilities benefiting such property. 25210.66. The tax for local park, recreation or parkway facilities and services shall be annually levied and collected by the same officers and at the same time and in the same manner as other county taxes are levied and collected. All collections shall be paid into the county treasury to the credit of the county service area. 25210.66a. For any county service area or zone of a county service area providing services under this article, the board of supervisors may fix and collect charges to pay, in whole or in part, for the costs of providing the services. The revenue obtained thereby may be in lieu of, or supplemental to, revenue obtained by the levy of taxes or other methods. The charges may vary by reason of the nature of the use to correspond to the cost and the value of the services. The charges may be determined by apportioning the total cost, not otherwise offset by other available revenue, of the service to each parcel therein in proportion to the estimated benefit from the service to be received by each parcel. Alternatively, the board of supervisors may apportion the total cost by using any method which it determines to be fair and reasonable in apportioning benefit. Any county service area or zone of any county service area which has fixed charges pursuant to this section may, by ordinance, provide a procedure for, and collect the charges, on the tax roll in the same manner and at the same time as its general ad valorem property taxes are collected as provided in this section, except that the board of supervisors shall not impose a charge upon a federal or a state governmental agency or another local agency. Any ordinance shall provide that: (a) Once a year the board of supervisors shall cause to be prepared a written report which shall contain a description of each parcel of real property receiving the particular extended service and the amount of the charge for each parcel for the year computed in conformity with the procedure set forth in the ordinance authorizing collection of the charges on the tax roll. The report shall be filed with the clerk of the board of supervisors. (b) Upon filing of the report, the clerk shall fix a time, date, and place for hearing thereon and for filing objections or protests to the report. The clerk shall publish notice of the hearing as provided in Section 6066, prior to the date set for hearing, in a newspaper of general circulation printed and published in the county. (c) At any time, date, and place stated in the notice, the board of supervisors shall hear and consider all objections or protests, if any, to the report and may continue the hearing from time to time. Upon conclusion of the hearing, the board of supervisors may adopt, revise, change, reduce, or modify any charge and shall make its determination upon each charge as described in the report and thereafter, by resolution, shall confirm the report. (d) The charges set forth in the report, as confirmed, shall appear as a separate item on the tax bill. The charge shall be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of county ad valorem property taxes shall be applicable to such charge, except that, if for the first year the charge is levied the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, the charge confirmed pursuant to this section shall not result in a lien against the real property but, instead, shall be transferred to the unsecured roll for collection. (e) Whenever a railroad, gas, water, or electric utility right-of-way or electric line right-of-way is included within the service area, or zone of the service area, the railroad, gas, water, or electric utility right-of-way or electric line right-of-way shall be subject to the charges authorized only if, and to the extent that, it is found that it will benefit from the particular extended service, and the railroad, gas, water, or electric utility right-of-way or electric line right-of-way shall be subject to the same penalties, and the same procedure and sale, in case of delinquency as other properties in the service area or zone. In determining whether or not the railroad, gas, water, or electric utility right-of-way or electric line right-of-way benefits from the extended service, its use as a right-of-way for a railroad, gas, water, or electric utility shall be presumed to be permanent. 25210.67. From time to time during the fiscal year as determined by the board of supervisors, the board of supervisors shall order the transfer from the funds in the county treasury standing to the credit of the county service area of an amount found by the board of supervisors to be sufficient to reimburse the county general fund and the county salary fund for the expenditures made therefrom in providing local park, recreation or parkway facilities and services in the area. 25210.68. Any property included in a county service area which is also included in a district which was originally organized and existed under former Article 1, 2 or 4 of Chapter 3 of Division 5 of the Public Resources Code shall be exempt from taxation under this chapter and none of the funds raised by taxation upon the county service area for the purpose of providing local park, recreation or parkway facilities and services shall be expended within the area included in such a district.
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