Fire Tax Assessment Resolution

RESOLUTION NO.__________

RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MUIR BEACH COMMUNITY SERVICES DISTRICT:

PROPOSING A SPECIAL TAX FOR FIRE PROTECTION, INCLUDING FUEL ABATEMENT AND EMERGENCY PREPAREDNESS, ESTABLISHING A DATE FOR ELECTION, ADOPTING INTENDED BALLOT LANGUAGE, ORDERING THE CONSOLIDATION OF SAID ELECTION, REQUESTING ELECTION SERVICE BY THE MARIN COUNTY CLERK, PROPOSING AN ORDINANCE FOR SAID AMENDMENT, ADOPTING A METHOD FOR NOTICING SAID ORDINANCE AND DIRECTING THAT THE NOTICE BE POSTED, PUBLISHED AND MAILED.

The Board of Directors of the Muir Beach Community Services District does hereby resolve as follows:

WHEREAS, this Board is the governing Board of the Muir Beach Community Services District; and

WHEREAS, the Muir Beach Community Services District Board has the authority to levy a special tax; and

WHEREAS, the Muir Beach Community Services District Board believes that a special tax is required to provide a stable, financial foundation for operations and capital equipment acquisition for fire protection, including fuel abatement and emergency preparedness.

WHEREAS, it is the intention of this Board that an Ordinance imposing the special tax should be submitted to the voters of the Muir Beach Community Services District; and

WHEREAS, said Ordinance may be adopted by the Board after notice and public hearing, and it is the desire of this Board to give notice of said Ordinance.

NOW, THEREFORE, BE IT RESOLVED that this Board hereby proposes an Ordinance to impose a special tax for operations and capital equipment acquisitions for fire protection, including fuel abatement and emergency preparedness, of two hundred ($200.00) dollars per year on each parcel within the Muir Beach Community Services District. Such special tax would commence immediately upon voter approval.

IT IS FURTHER RESOLVED that this Board hereby calls an election to be held on November 6, 2007 at which election the issue to be presented to the voters of the Muir Beach Community Services District is as follows:

“ADOPTION OF ORDINANCE No. _____ TO IMPOSE A SPECIAL TAX FOR FIRE PROTECTION, INCLUDING FUEL ABATEMENT AND EMERGENCY PREPAREDNESS, IN THE MUIR BEACH COMMUNITY SERVICES DISTRICT

Shall Muir Beach CSD Ordinance No. _____, which imposes an annual special tax of two-hundred ($200.00) dollars for a period of four (4) years, commencing FY 2008-2009 and terminating in FY 2012-2013, on each parcel within the Muir Beach CSD for fire protection, including fuel abatement and emergency preparedness, be approved and shall the Muir Beach CSD appropriations limit be increased by the amount of this voter-approved tax?”
IT IS FURTHER RESOLVED that a “parcel” shall be defined as any parcel of land, developed or undeveloped, wholly or partially located within the District, for which the County Assessor of Marin County has assigned an assessor’s identification number, provided, however, that any such parcels which are contiguous, used solely for owner-occupied single family residential purposes and held under identical ownership, may, upon approval of an application of the owners thereof to this Board, be treated as a single parcel for purposes of this special tax.
IT IS FURTHER RESOLVED that any owner age sixty-five (65) years and over of a parcel used solely for owner-occupied single family residential purposes and whose household income is Eighty Percent (80%) and below median household income for Marin County residents (based on U.S. Census Bureau Data), may obtain an exemption from the special tax upon submission of an application and a declaration under penalty of perjury by such owner to the Muir Beach Community Services District that they qualify for the exemption.
IT IS FURTHER RESOLVED that this Board hereby orders that said election shall be consolidated with the General Election scheduled on November 6, 2007; and
IT IS FURTHER RESOLVED that this Board hereby authorizes and directs the County Clerk to provide all necessary election services and canvas the results of said election; and
IT IS FURTHER RESOLVED that rebuttal shall be received to ballot arguments made by this Board on behalf of said Ordinance No______; and
IT IS FURTHER RESOLVED that the time for public hearing on the Ordinance No. ______ is hereby established as Wednesday, June 27, 2007 at 7:00 o’clock PM in the Muir Beach Community Center, located at 19 Seacape Drive, Muir Beach, CA 94965, or soon thereafter as the matter may be heard; and
IT IS FURTHER RESOLVED that the Clerk of this Board is hereby directed to publish a notice set forth below in a newspaper of general circulation published in the County of Marin at least once fifteen (15) days prior to June 27, 2007; and
IT IS FURTHER RESOLVED that the Clerk of this Board shall cause to be posted copies of the aforesaid notice in three (3) public places in the Muir Beach Community Services District. Said notices to remain continuously posted; and
IT IS FURTHER RESOLVED that the Notice to be given shall be substantially in the following form:

“NOTICE ON PROPOSED TAX ORDINANCE

NOTICE IS HEREBY GIVEN that on Wednesday, June 27, 2007 at 7:00 PM at the Muir Beach Community Center at 19 Seacape Drive, Muir Beach, CA 94965, or as soon thereafter as the matter may be heard, the Board of Directors of the Muir Beach Community Services District will consider the adoption of an ordinance which will, if adopted by the Board, and confirmed by two-thirds (2/3) of the votes cast by the voters of the Muir Beach Community Services District, impose a special tax for fire protection, including fuel abatement and emergency preparedness within the Muir Beach Community Services District.

NOTICE IS FURTHER GIVEN that the Ordinance will further provide for the method of collection of said tax and for reasonable costs for collection of such tax.

“NOTICE IS FURTHER GIVEN that persons desiring to address the Board regarding the proposed Ordinance should attend the hearing at the above place on the date and time indicated or if they wish to comment on the proposed Ordinance in writing, that they do so no later than 5:00 PM on June 27, 2007.”

PASSED AND ADOPTED at the adjourned meeting of the Board of Directors of the Muir Beach Community Services District held this 23rd day of April, 2007 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

                                                                        ____________________________________
                                                                        Maury Ostroff, President
                                                                        Board of Directors
                                                                        Muir Beach Community Services District

ATTEST:

___________________________________
Sharon Mullin, District Secretary

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