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HomeMy WebLinkAbout6024 RESOLUTION NO. 6024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ARCADIA A CERTAIN MEASURE RELATING TO THE UTILITY USER TAX RATE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1998 AS CALLED BY RESOLUTION NO. 6017 WHEREAS, a General election on Tuesday, April 14, 1998 has been called by Resolution No. 6017 adopted on December 2, 1997; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to the Utility User Tax rate, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FINE, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: I A- SHALL ORDINANCE NO. 2083 BE ADOPTED TO INCREASE " THE UTIqTY USER TAX RATE FROM FIVE PERCENT (5%) YES TO SEVEN PERCENT (7%) TO REVERT TO FIVE PERCENT (5%) ON APRlL 15, 2002? THE CITY COUNCIL MAY LOWER NO BUT NOT INCREASE THE SEVEN PERCENT (7%) TAX RATE AT ANY TIME. SECTION 2, That the proposed measure submitted to the voters is attached as Exhibit "A", ~ 1 'I SECTION 3. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law, I SECTION 5. That the City Clerk shall certify to the adoption of this Resolution, Passed, approved and adopted this 16th' day of December ,1997. ~~~ Mayor of the City of Arcadia ATTEST: ~, " ,Ab7~~ . Clerk APPROVED AS TO FORM: :l~ U ftJ JijL 2 6024 / STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City. of Arcadia, hereby certify that the foregoing Resolution No. 6024 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 16th day of December, 1997 and that said Resolution was adopted by the following vote, to wit: A YES: Councilmember Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None AD 3 6024 MEASURE A ORDINANCE NO. 2083 AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARCADIA J ~ MUNlCIPAL CODE SECTION 2671.6 INCREASING THE UTILITY USER TAX RATE FROM FIVE PERCENT (5%) TO SEVEN PERCENT (7%) TO REVERT TO FIVE PERCENT (5%) ON APRIL 15, 2002 ~ AUTHORIZING THE CITY COUNCIL TO LOWER THE SEVEN PERCENT (7%) TAX RATE AT ANYTIME WHEREAS, there is currently in effect in the City of Arcadia a Utility User Tax Rate offive percent (5%), which rate superseded a prior Arcadia rate of seven percent (7%); and WHEREAS, pursttant to State Proposition 2 I 8 (enacted by the voters of the State in November 1996) a City Council can no longer raise tax revenues by City Council legislation. Such legislation must be enacted by the people at a general municipal election held every two (2) years; and WHEREAS, this Ordinance is necessary to afford the people the opportunity at the general municipal election to consider raising revenue for general fund purposes by increasing the Utility User Tax Rate; and WHEREAS, the City of Arcadia provides a high level of service without fees, charges or taxes that many cities around charge on top of property tax; and EXHIBIT llA" WHEREAS, "General Fund" money pays for most municipal services including police, fire, recreation, senior citizen, community development, maintenance and administration; and WHEREAS, in light of the City's declining revenue and resulting budget shortfall, programs and services were reduced or cut to match expenditures to income; and WHEREAS, an increase in the "General Fund" revenues of the City is necessary to restore services and to enhance or create new services for all ages of Arcadia residents; and , WHEREAS, new programs or services are not feasible if a new long-term source of revenue is not obtained. NOW, THEREFORE, THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA DO HEREBY FIND; DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. Arcadia Municipal Code Section 2671.6 as it currently reads is repealed. SECTION 2. Arcadia Municipal Code Section is 2671.6 shall read as follows: 2671.6. ELIMINATION OF SUSPENSION OF A PORTION OF THE UTILITY USER TAX RATE AND ESTABLISHMENT OF A SEVEN PERCENT (7%) RATE TO TERMINATE AS OF APRIL 15,2002 SUBJECT TO DECREASES BY CITY COUNCIL ORDINANCE AMENDMENTS PRIOR TO THAT DATE. 2 The utility user tax rates set forth in Subsections 2671(a), 267L1(a) and 2671.2(a) shall be as set forth in those sections, i.e. seven percent (7%). The suspension of said rate as previously set forth in this section is no longer effective. The seven percent (7%) rate as referred to herein and the referred to code sections shall terminate as of April 15, 2002. At that time the five percent (5%) rate shall become effective and shall be the applicable rate with reference to the above referred to Subsections. Nothing set forth herein shall preclude the Arcadia City Council from enacting an ordinance to amend this section by decreasing the utility user tax rate at any time prior to the termination date for the seven percent (7%) rate as set forth above. Pursuant to this Section and State Proposition 218 no additional increase to the tax rate set forth herein shall become effective unless approved by a majority of the voters at a general municipal election for City Council members. SECTION 3. This Ordinance shall be considered as adopted upon the date that the vote is declared by the City Council and shall go into effect ten (10) days after that date; to wit, May 1, 1998. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days upon its adoption. 3 Passed, approved and adopted this ATTEST: City Clerk APPROVED AS TO FORM: City Attorney day of ,1998. Mayor of the City of Arcadia 4