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HomeMy WebLinkAbout7092 RESOLUTION NO. 7092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 2016, FOR THE SUBMISSION OF A PROPOSED ORDINANCE REPEALING THE UTILITY USERS TAX IN ITS ENTIRETY WHEREAS, pursuant to authority provided by statute petitions have been filed with the legislative body of the City of Arcadia, signed by at least five (5%) percent of the number of registered voters of the City who voted for any gubernatorial candidate at the last election (November 2014) to submit a proposed ordinance amending the Arcadia Municipal Code by repealing the Utility Users Tax in its entirety; and WHEREAS, the City Clerk's office with assistance from the Los Angeles County Registrar-Recorder/County Clerk examined the records of registration and ascertained that pursuant to California Proposition 218 (Calif. Const. Art. XIII, Section 3) the petitions are signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the foregoing ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the requirements of the Arcadia City Charter, there is called and ordered to be held in the City of Arcadia, California, on Tuesday, April 12, 2016, a General Municipal Election for the purpose of submitting the following proposed ordinance: 1 Shall the City of Arcadia adopt a measure YES repealing the City's Utility Users Tax in its entirety? NO 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 6th day of October , 2015. fayo ti the Ci of Arcadia ATTEST: Ci er APPROVED AS TO FORM: .i,4,(116„., 66.1-rikit Stephen P. Deitsch City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7092 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 6th day of October, 2015 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Beck, Chandler, Tay, and Kovacic NOES: None ABSENT: None fold City C-rk of the Ci of Arcadia 4 Exhibit "A" ORDINANCE NO. MEASURE "A" AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA REPEALING THE CITY'S UTILITY USERS TAX IN ITS ENTIRETY. 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 free people and are thereby destructive of life, liberty and the pursuant to happiness. SECTION 2. Repeal of City's Utility Users Tax in its Entirety. Part 7 of Chapter 6 of Article II of the Arcadia Municipal Code, authorizing the City's Utility Users Tax (Arcadia Municipal Code, §§ 2670 through 2679.1) is hereby repealed in its entirety. SECTION 3. Effective Date. Pursuant to California Constitution Article XIIIC §3 and California Elections Code §9217, if a majority of the qualified voters voting in the election on Measure "A" vote in favor of the adoption of such measure, this ordinance shall be deemed valid and binding and 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. 1 SECTION 4. Severability. The provisions of this ordinance 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 5. 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. Adopted by the People of the City of Arcadia on the day of 2016. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 2 wiemonimpoww