The URL can be used to link to this page

Home My WebLink About7037 - NOT USEDRESOLUTION NO. 7037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RCADIA, CALIFORNIA CALLING AND GIVING NOTICE OF THE H LDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NO MBER 4, 2014, FOR THE SUBMISSION OF A PROPOSED ORDI ANCE REPEALING THE UTILITY USERS TAX IN ITS ENTIR Y WHEREAS pursuant to authority provided by statute petitions have been filed with the legislative body f the City of Arcadia, signed by at least five (5 %) percent of the number of registered vot fe City who voted for any gubernatorial candidate at the last election (November 2 1�)�t� submit a proposed ordinance amending the Arcadia Municipal Code repealing th1Uti WHEREAS, the City Clerk's County Registrar - Recorder /County Clerk ascertained that pursuant to California Prop Users Tax in its entirety; and with assistance from the Los Angeles ed the records of registration and 8 (Calif. Const. Art. XIII, Section 3) the petitions are signed by the requisite number of vXters, and has so certified; and WHEREAS, the City Council has not voted'i� favor of the adoption of the foregoing ordinance; and WHEREAS, the City Council is authorized and dire c d by statute to submit the proposed ordinance to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CIT OF ARCADIA, CALIFORNIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS F4LOWS: SECTION 1. Pursuant to the requirements of the Arcadia City Charfkr, there is called and ordered to be held in the City of Arcadia, California, on Tuesgay, November 4, 2014, a Special Municipal Election for the purpose of submitting following proposed ordinance: 11 Shall the City of Arcadia adopt a measure repealing the Utility Users Tax in its entirety, while YES also prohibiting the enactment or enforcement of any ordinance or rule requiring payment or collection of any tax, fee, charge or assessment, for the generation, sale or delivery of any utilities; and further providing that the measure may not be NO repealed except by a 2/3 vote of Arcadia voters? SECTION 2. The text of the ordinance submitted to the voters is attached hereto as Exhibit "A ". SECTION 3. Approval of this Ordinance shall require a majority vote of the total number of valid ballots cast and counted. SECTION 4. The ballots to be used at the election shall be in form and content as required by law. SECTION 5. The City Clerk is authorized, instructed and 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 the election. SECTION 6. The polls shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed. SECTION 7. 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 8. 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. 2 SECTION 9. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this day of , 2014. ATTEST: City Clerk APPROVED AS TO FORM: P, Stephen P. Deitsch City Attorney 3 Mayor of the City of Arcadia MEASURE" " /ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA REPEALING THE UTILITY USERS TAX IN ITS ENTIRETY AND PROHIBITING THE CITY FROM ENACTING OR ENFORCING TAXES, FEES, CHARGES OR ASSESSMENTS ON ANY UTILITY GOODS OR SERVICES. THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA DO HEREBY ORDAIN AS FOLLOWS: Section 1. Findings and Declarations. WHEREAS, the people of the City of Arcadia find and declare that federal, state and local taxation has reached confiscatory levels; that unrestrained spending and regulation at all levels of government, are excessive, improvident, contrary to our rights as a free people and are thereby destructive of Life, Liberty and the pursuit of Happiness; and WHEREAS, it is the intent and purpose of this initiative that the current City of Arcadia utility taxes be repealed and that a new provision be added to the municipal code to provide that a person residing or doing business in the City of Arcadia shall not be legally held or obligated to pay, collect, or remit taxes, fees, charges or assessments, imposed or collected for the use, generation, sale, lease, purchase, supply, provision, transportation or delivery of any utility goods or services. Section 2. The following sections of the Arcadia Municipal Code are hereby repealed: Sections 2671, 2671.1, 2671.2, 2671.3, 2671.4, 2671.5, 2671.6, 2671.3 and 2671.7 Section 3. The Arcadia Municipal Code is hereby amended by adding a new Section 2679.2'" to read as follows: "2679.2. The City of Arcadia, its City Council, agents and employees are hereby prohibited from enacting or enforcing any ordinance, rule or regulation which creates, imposes or causes a legal obligation for any person, business, organization, property owner or entity, regardless of place of residence, nationality or principal place of business, to pay, remit, or collect any tax, fee, charge or assessment, for the generation, sale, lease, purchase, supply, provision, use, transportation or delivery of any utility goods or services, to include, but not limited to, gas, telephone, telecommunication services, cable, water, video services, and electricity." * Originally identified as Section 2680 in the proponents' petition — renumbered by City Attorney's Office without substantive change for consistency with existing Municipal Code references. 2 Section 4. Name of Measure and Effective Date. This law shall be known as the Stop the Utility Users' Tax and shall become effective immediately upon approval by the voters of the City of Arcadia. Section 5. Severability. The provisions of this initiative are severable. If any provision of this measure or application thereof is held invalid, that invalidity shall not affect other provisions or applications if they can be given effect without the invalid provision or application. Section 6. Proponents of Measure Authorized to Defend. (a) Any provision of the Arcadia Municipal Code to the contrary notwithstanding, any person or persons described in Section 6(b) below are hereby authorized and deemed to have standing to defend this initiative where a court of competent jurisdiction shall determine, upon application of such person or persons, or any one or more of them, that (i) the validity of this initiative, its application or any provision thereof has become the subject of legal action, whether judicial or administrative or (ii) the City of Arcadia or other constitutional officer shall fail or refuses to defend this initiative in good faith. (b) Person or persons, as used in Section 5(a) shall include (i) any person or entity required to pay any sum described by this initiative; (ii) any proponent of this initiative; or (iii) any one or more of them. Section 7. Repeal of This Measure. This measure may not be repealed except by a vote of two - thirds (2/3) of the qualified voters casting ballots in the election in which the repeal of this measure is before the voters of the City. Section 8. Certification /Summary. Following the City Clerk's certification that the citizens of Arcadia have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law. [SIGNATURES ON NEXT PAGE] I hereby certify that the forgoing ordinance was PASSED, APPROVED and ADOPTED by the People of the City of Arcadia on the day of 12014. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 Mayor of the City of Arcadia