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HomeMy WebLinkAbout4942 , - ~ ~ ~p RESOLUTION NO. 4942 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CALIFORNIA, ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD IN SAID CITY ON JUNE 16, 1981, AND ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ARCADIA, AN ORDINANCE FOR ADOPTION BY THE PEOPLE OF THE CITY OF ARCADIA INCREASING THE LEVY FOR THE UTILITY USER TAX RATES BY 2% FOR TELEPHONE, ELECTRICITY AND GAS, FROM 5% TO 7% TO COMPENSATE THE ARCADIA UNIFIED SCHOOL DISTRICT FOR C~TY USE OF DISTRICT FACILITIES AND TO REIMBURSE DISTRICT FOR CITY PARK AND RECREATIONAL FACILITIES MAINTENANCE AND TO K~ISE THE CITY OF ARCADIA APPROPRIATIONS LIMITATION IMPOSED BY ARTICLE XIIIB OF THE STATE CONSTITUTION BY $550,000 PLUS 10% COMPOUNDED ANNUALLY FOR THE NEXT THREE FISCAL YEARS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 1101 of the Charter of the City of Arcadia, California, there shall be; and there is hereby called and ordered to be held in said City, on Tuesday, June 16, 1981,.a Special Municipal Election of the qualified electors of said City for the purposes hereinafter set forth. SECTION 2. The City Council of the City of Arcadia hereby submits to the qualified electors of the City of Arcadia at aforesaid Special Election a measure for the enactment of Ordinance No. 1716 which is en- titled: "AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTION 2671.7 THERETO TO IN- CREASE THE LEVY FOR THE UTILITY USER TAX RATES BY 2% FOR TELEPHONE, ELEC- TRICITY AND GAS,FROM 5% TO 7% AND ADDING A NEW DIVISION 7 TO PART 3, CHAPTEP. 5, ARTICLE II, ENTITLED: 'CITY OF ARCADIA AND ARCADIA m~IFIED SCHOOL DISTRICT JOINT PARK AND RECREATIONAL FACILITIES MAINTENANCE AND COMMUNITY FACILITIES FUND' AND RAISING THE CITY OF ARCADIA ANNUAL APPROPRIATIONS LIMITATION IMPOSED BY ARTICLE XIIIB OF THE STATE CONSTITUTION BY $550,000 PLUS 10% COMPOUNDED ANNUALLY FOR THE NEXT THREE FISCAL YEARS." The text of said ordinance is hereinafter set forth. SECTION 3. Said measure shall be submitted to the voters at a Special City Election to be held in the City of Arcadia on the 16th day of June, 1981, and as set forth on the ballot, shall read as follows: -1- 4942 ~ . - - I MEASUM A YES NO "Sha~l the Ordinance of the People of the City of Arcadia, No. 1716, increasing the levy for the utility user tax rates by 2% for telephone, electricity and gas, from 5% to 7% to fund the City of Arcadia and Arcadia Unified School District Joint Park and Recreational Facilities Maintenance and Community Facilities Fund, and raising the City of Arcadia annual appropriations limitation imposed by Article XIIIB of the State Constitution by $550,000 plus 10% compounded annually for the next three fiscal years. be adopted?" A cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the measure.: ~ cross (+) placed in the voting square after the word "NO" in the manner'hereinbefore provided shall be counted against the adoption of the measure. SECTION 4. If said measure for the enactment of Ordinance No. 1716 receives a two-thirds majority of the votes cast on said measure at the election, said ordinance shall become effective ten (10) days after the date upon which the City Council declares that a' two-thirds majority of the vote~s voting on said measure have voted in its favor. SECTION 5. Said Ordinance No. 1716 which is proposed for adoption by the people of the City of Arcadia,' reads as follows: "THE PEOPLE OF THE CITY OF ARCADIA DO ORDAIN AS FOLLOWS: SECTION 1. That the Arcadia Municipal Code shall hereby be amended by adding thereto Section 2671.7 to read as follows: '2671.7. INTERIM INCREASE IN UTILITY USER TAX RATES TO FUND CITY OF ARCADIA AND ARCADIA UNIFIED SCHOOL DISTRICT JOINT PARK AND RECREATIONAL FACILITIES MAINTENANCE AND COMMUNITY FACILITIES FUND\ That notwithstanding the utility user tax rates set forth in this Part 7, and in accordance with the terms procedures and definitions -2- 4942 of this Part 7, the utility user tax rate imposed and levied by this Part 7 for telephones, shall be 7 percent (7%) of the charges for such telephone; for electricity, shall be 7 percent (7%) of the charges for such electricity; and for gas, shall be 7 percent (7%) of the charges for such gas. That during such time as this Section 2671.7 is in effect, the utility user ,tax rates imposed by Section 2671.6 shall be suspended, and shall not be in force and effect. The rates set forth in this Section 2671.7 shall, be collected in the same manner specified and subject to the same penalties specified in this Part 7. The rates set forth in this Sec- tion 2671.7 shall not be operative as to a service user and the duty to collect the tax pursuant to such rat~from a service user shall not com- mence until the beginning of the first regular billing period applicable to that service user which starts on or after June 30, 1981. Where a service user receives more than one (1) billing, one or more being for different periods than another, the rat~set fortrr in this Section 2671.7 shall be operative, and the duty to collect the tax pur- suant to said rat~shall arise, separately for each billing period. All tax proceeds from the utility user tax rates imposed by this Section 2671.7 in excess of a utility user tax rate of 5% for telephones, 5% for electricity, and 5% for gas shall be deposited in the City of Arcadia and Arcadia Unified School District Joint Park and Recreational Facilities Maintenance and Community Facilities Fund established by Division 7 of Part 3, Cha~ter 5, Article II of this Code. Any annual appropriations limit imposed on the City of Arcadia by Article XIIIB,of the California State Constitution is hereby increased by $550,000 for the City's fiscal year July 1, , 1981 to June 30, 1982; $605,000 for the City's fiscal year July 1, 1982 to June 30, 1983; $665,500 for the City's fiscal year July 1, 1983 to June 30, 1984; and $732,050 for the City's fiscal year July 1, 1984 to June 30, 1985 for the amounts appropriated from the City of Arcadia and Arcadia Unified School District Joint Park and Recreational Facilities Maintenance and Community Facilities Fund -3- 4942 The City Council of the City of Arcadia, at its discretion, may at any time suspend the utility user tax rates set fort:h in this Section 2671. 7 and reduce said rates for such periods of tinle deemed necessary by the Council by ordinance adopted by three affirmative votes of its members in an attempt to limit the revenue derived from said rates to the limitations specified in this Section 2671.7 or to return to the taxpayers the unap- propriated balance remaining in the City of Arcadia and Arcadia Unified School District Joint Park and Recreational Facilities Maintenance and Community Facilities Fund pursuant to Arcadia Municipal Code Section 2537. Any revenues received by the City of Arcadia in a given fiscal year in excess of the increase in appropriatiorelimitations set forth in this Section 2671.7 for said fiscal year, shall be returned by a reduction of the rates set forth in th ~ t' ,., h 71 7 i th . i" ~. th ' " t . ',e; 71 7 is .....,ec J.on /'.) . n. _19 manner s!:,ec.1.. .J.e,:1.. l.n ..l:S - ec lon ..... ~, . within the next two subsequent fiscal years thereafter. However, the City Council of the City of Arcadia at its discretion, may at any time by ordinance adopted by three affirmative ,votes of its members, repeal any such reduction to reimpose the rates set forth in this Section 2671.7. SECTION 2. That if Section 2671.7 of the Arcadia Municipal Code, as adopted by this Ordinance, is judicially declared invalid, the utility user tax rates imposed by Section 2671.6 shall be deemed, for all purposes, to have been in full force and effect at all times from and after June 3, 1980. SECTION 3. That the Arcadia Municipal Code is hereby amended by adding a new Division 7 to Part 3, 'Chapter 5, Article II thereof to read as follows: 'ARTICLE II. CHAPTER 5. PART 3. DIVISION 7. ADMINISTRAl'ION SPECIAL FUNDS SPECIAL FUNDS - ORDINANCE CITY OF ARCADIA AND ARCADIA UNIFIED SCHOOL DISTRICT JOINT PARK AND RECREATIONAL FACILITIES MAINTENANCE AND COMMUNITY FACILITIES FUND' -4- 4942 > " 2537. CREATION. There is hereby created a special fund to be known as the City of Arcadia and Arcadia Unified School District Joint Park and Recreational Facilities Maintenance and Community Facilities Fund. The monies deposited in this fund pursuant to Arcadia Municipal Code Section 2671.7, may be appropriated and dispersed at the discretion of the City Council of the City of Arcadia by affirmative vote of three of its members to the Arcadia Unified School District from time to time under such terms and conditions and in such amounts as specified by the City Council pursuant to a Joint Powers Agreement as consideration for City's use of the District's facilities, and to reimburse the District for maintenance of parks and recreational facilities jointly used by the District and the City of Arcadia. Any balance remaining in this fund unap- propriated at the end of four years from the effective date of this Section, shall be returned to utility user taxpayers in the form of utility user tax rebate credits under such terms and conditions as established by the City Coun- cil of the City of Arcadia, or by reductions in the utility user tax rates as specified in Arcadia Municipal Code Section 2671. 7. ' SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordi- nance. 'I'he J;>,eople of the City of Arcadia hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sec- tions, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. -5- 4942 , .r .'- SECTION 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which viola- tions were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such tax, license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 6. The City Clerk shall certify to the passaqe and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption." SECTION 6. That the ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used there,at. SECTION 7. That the City Clerk of said City is hereby authorized, in- structedand directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. SECTION 8. That the polls for said election shall be open at seven o'clock a.m. of the day of said election and shall remain open continuously from said time until 7 o'clock p.m. ,of the same day when said polls shall be closed, except as provided in Section 14301 of the Election Code of the State of California. SECTION 9. That in all particulars not recited in this resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 10. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. 4942 -6- ~ ~ ~ "A. _. .J. ~ ,~ J.- SECTION 11. That the City Clerk shall certify to the passage and adoption of the resolution; shall enter the same in the book of original resolutions of said City; and shall make a Minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the Minutes of the meeting at which the same is passed and adopted. . I HEREBY CERTIFY that the foregoing resolution was adopted at an adjourned regular meeting of the City Council of the City of Arcadia held on the 11th day of !-larch, 1981 , by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Dring, Gilb, Saelid and Pellegrino NOES: Councilman Haltom ABSENT: None ~~~~ SIGNED AND APPROVED this 11th day of March, 1981. cfkcdGL O~~2r;d Mayor of the City of Arcadia ATTEST: City \ ~ -7- 4942