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RESOLUTION NO. 4949
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 AN
ADDITIONAL 1% FOR TELEPHONE, ELECTRICITY AND GAS, FROM 7% ~0 8~
TO COMPENSATE THE ARCADIA UNIFIED SCHOOL DISTRICT FOR CITY USE
OF DISTRICT FACILITIES AND TO REIMBURSE DISTRICT FOR CITY
PARK AND RECREATIONAL FACILITIES MAINTENANCE AND TO RAISE
THE CITY OF ARCADIA APPROPRIATIONS LIMITATION IMPOSED BY
ARTICLE XIIIB OF THE STATE CONSTITUTION BY AN ADDITIONAL
$250,000 FROM $550,000 TO $800,000 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. 1717 which is
entitled: "AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA,
AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 2671.7 THEREOF TO
INCREASE THE LEVY FOR THE UTILITY USER TAX RATES BY AN ADDITIONAL 1% FOR
TELEPHONE, ELECTRICI'rY AND GAS, FROM 7% TO 8% AND ADDING A NEW DIVISION 7
TO PART 3, CHAPTER 5, ARTICLE II, ENTITLED: '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 APPRO-,
PRIATIONS LIMITATION IMPOSED BY ARTICLE XIIIB OF THE STATE CONSTITUTION
BY AN ADDITIONAL $250,000 FROM $550,000 TO $800,000 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:
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YES
MEASURE B
NO
"Shall the Ordinance of the People of the City of
Arcadia, No. 1717, increasing the levy for the
utility user tax rates an additional 1% for
telephone, electricity and gas, from 7% to 8% 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 an additional $250,000 from $550,000
to $800,000 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 adopti.on
of the measure. A 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. Said Ordinance No. 1717 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 Nunicipal Code shall hereby be
amended by amending Section 2671.7 to read as follows:
'2671.7. INTERIM INCF:EASE IN UTILITY USER TAX RATES TO FUND
CITY OF ARCADIA AND ARCADIA UNIFIED SCHOOL DISTRICT JOINT PARK
AND RECREATIONAL FACII.ITIES 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 of t,his Part 7, the, utility user tax rate imposed
and levied by this Part 7 for telephones, shall be ., percent (7%)
of the charges for such telephone; for electricity, shall be 7
percent (7%) of the charges for such electrj,city; and for gas,
shall be 7 percent (7%) of the charges for such gas. That during
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such time as this Section 2671. 7 is in effect, the util i.t.y user
tax r.3.1:es imposed by Section 2671.6 shall be susp"nded, and shal],
not be in force and effect. The rates set forth in this Section
Shall be collected in tt.e same manner specified and subject to
the same penalities specified in this Part 7. The rates set forth
in this Section 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 commence 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 fo~th in this Section 2671. 7 shall be operative, and
the duty to collect the tax pursuant to said rates 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, Chap.ter 5, Article II of this Code. Any annual appro-
priations limit imposed on the City of Arcadia by Article XIIIB of
the California State Constitution is hereby increased by $550,000
plus an additional $250,000 for the City's fiscal year July 1, 1981
to June 30, 1982; $605,000 plus an additional $275,000 for the
City's fiscal,year July 1, 1982 to June 30, 1983; $665,500 plus an
additional $302,500 for the City's fiscal year July 1, 1983 to
June 30, 1984; and $732,050 plus an additional $332,750 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. The City Council of the City of Arcadia
at its discretion, may at any time suspend the utility user tax
rates set forth in this Section 2671.7 and reduce said rates for
such periods of time 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
unappropriated 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 Muni-
cipal Code Section 2537. Any revenues received by the City of
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Arcadia in a given fiscal year in excess of the increase in appro-
priations limitations set forth in this Section 2671.7 for said
fiscal year, shall be returned by a reduction of the rates set
forth in this Section 2671.7 in the manner specified in this Section
2671.7 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.
ADMINISTRATION
SPECIAL FUNDS
'SPECIAL FUNDS - ORDINANCE
CITY OF ARCADIA AND ARCADIA UNIFIED SCHOOL
DISTRICT JOINT PARK AND RECREATIONAL
FACILITIES MAINTENANCE AND COMMUNITY
FACILITIES FUND
2537. CREATION. There is hereby created a special
fund to be known as the City of Arcadia and Arcadia
Unified ~chool 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 pur-
suant 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 unappro-
priated at the end of four years from the effective date
of this Section, shall be returned to utility user tax-
payers in the form of utility user tax rebate credits
under such terms and conditions as established by the
City Council of the City of Arcadia, or by reductions
in the utility user tax rates as specified in Arcadia
Municipal Code Section 2671.7,'
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SECTION 4. If Measure B for the enactment of Ordinance No.
1717, which is on the ballot for the Special Municipal Election
on June 16, 1981, is approved by a two-thirds majority of the votes
cast on Measure B at the Election, then Ordinance No. 1717 shall
become effective ten (10) days after the date upon which the City
Council declares that a two-thirds majority of the voters voting
on B have voted in its favor; however, Measure B for the enactment
of Ordinance No. 1717 shall not take effect if Measure, A for the
enactment of Ordinance No. 1716 also on the ballot for said Election
is not approved by a two-thirds majority of the votes cast on
Measure A at the Election or if Ordinance No. 1716 does not take
effect.
SECTION 5. 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 Ordinance. The People 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 any ~ne or more
sections, subsections, sentences, clauses"phrases or ,portions
be declared invalid or unconstitutional.
SECTION 6. Neither the adoption of this ordinance nor the
repeal hereby,of any ordinance shall in any manner affect the
prosecution f~r violation of ordinances, which violations 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 7. The City Clerk shall certify to the passage
and adOPtion of this ordinance and shall cause the same to
be published in the official ne~spaper 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 thereat.
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S:;C,IO:~ 7.
That the City Clerk of said Ci~y is hereby authorized,
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str~cted and directed to procure and furnish any and all official ballots,
no~ices. printcd ~at~er and all supplies, equipment and paraphernalia that
may be necessary in order to properly and lawfully conduct said election.
SSCTIO~ 8. That the polls for said election shall be open at seven
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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 parti,culars 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 electior
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.
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SECTION 11. That the City Clerk shall certify to the passage and
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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 o~ 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 March, 1981
. by the affirmative vote of at least
three Councilmen, to wit:
AYES:
NOES:
ABSENT:
Councilmen Gilb, Saelid and Pellegrino
Councilmen Dring and Haltom
None
d~~d~J
C~ty Clerk of the City of Arcad~a
SIGNED AND APPROVED this 11th
day of March, 1981.
Mayor
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ATT"T' '-;;S11..4~
tilaJ~ rl
Ci ty Clerk .
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