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Home My WebLink AboutORDINANCES - 08051986 - 86-66 h :To C�l ORDINANCE NO. 86- 66 (Contra Costa Transportation Improvement Program and Retail Transactions and Use Tax Ordinance ) The Contra Costa County Board of Supervisors ordains as follows : SECTION I . SUMMARY. This ordinance provides for the imposition s Fa retail transactions and use tax of one-half percent , the creation of a county transportation authority, the authority to issue limited t-ax bonds , and the administration of the tax pro- ceeds and a county transportation expenditure plan . SECTION II . DEFINITIONS. The following definitions shall apply in this ordinance: A. Expenditure Plan . "The Expenditure Plan" means the Contra Costa County Transportation Expenditure Plan dated July 17 , 1986 , including any future amendments thereto . B. Authority. "The Authority" means the Contra Costa County Transportation Authority, as described in Chapter 5 (commencing with Section 131240) of Division 12 . 5 of the Public Utilities Code and the Expenditure Plan . SECTION III . AUT_HORITY_. This ordinance is enacted, in part , pur- suant-to the provisions of Part 1. 6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Division 12 . 5 (commencing with Section 131000 ) of the Public Utilities Code . SECTION IV. IMPOSITION OF RETAIL TRANSACTIONS AND USE TAX. Upon voter approval of the same, the Authority shall impose , in the incorporated and unincorporated territory of the County of Contra Costa , a retail transactions and use tax (referred to as " the tax" ) at the rate of one-half of one percent (0. 5%) for a period of fifteen (15) years . The tax shall be in addition to any other taxes authorized by law, including any existing or future state or local sales tax or transactions and use tax. SECTION V. PURPOSES. The revenues derived from the tax shall be-used-for the purposes of financing , studying, planning, designing, engineering , acquiring , constructing, administering, inspecting, maintaining, operating and repairing the transpor- tation projects described in the Expenditure Plan , for imposing and collecting the tax, for administering the Expenditure Plan , and for all other purposes incidental or necessary thereto , all in furtherance of the Contra Costa. Transportation Improvement Program. SECTION_ VI•. BONDING AUTHORITY. Upon voter approval of the tax, the-Authority shall have-the power to sell or issue limited tax bonds in the amount specified in Exhibit A attached to this ordi- nance to carry out the transportation projects described in the Expenditure Plan . SECTION VII . AUTHORITY. Upon voter approval of the tax, the Authority shall be created and shall be composed of nine ( 9) mem- bers , as specified in the. Expenditure Plan . The Authority shall have all of the powers described in Division 12 . 5 (commencing with Section 131000 ) of the Public Utilities, Code , all of the powers described in the Expenditure Plan , and all powers incidental or necessary to imposing and collecting the tax and administering the tax proceeds and Expenditure Plan . SECTION VIII . ADMINISTRATION OF PLAN. The Authority shall impose and collect-the tax, shall allocate revenues derived from the tax, and shall administer the Expenditure Plan , consistent with the provisions and priorities of the Expenditure Plan , and consistent with the provisions of Division 12. 5 (commencing with Section 131000) of the Public Utilities Code . (Page 1 of 2) SECTION IX. ADMINISTRATIVE COSTS . Not more than one percent ( 1%) o f—TFie annual net'—amoun'f—of revenues derived from the tax shall be used to fund the salaries and benefits of the Authority' s staff in administering the Expenditure Plan and this ordinance . SECTION X. IMPLEMENTING ORDINANCES. Following creation of the Authority, the Authority shall—de all of the things required by Chapter 5 (commencing with Section 131240) of Division 12. 5 of the Public Utilities Code , and shall adopt such rules , ordinances and resolutions as are useful or necessary to carry out its functions . SECTION XI . ANNUAL APP_ROPRIATIO_NS LIMIT. Pursuant to Article XIIIB of—the California Constitution and Public Utilities Code S131108(g) , an appropriations limit of $375 million is established for the Authority for each fiscal year . The appropriations limit shall be subject to adjustment as provided by law. SECTION XII . EFFECTIVE AND OPERATIVE DATES . Subject to voter approval , this ordinance shall take effeck—at the close of the polls on November 4, 1986 , and shall become operative on April 1, 1987 . SECTION XIII . ELECTION. The Board calls an election for voter approval_oTthe attached proposition (Exhibit A) , which election shall be held on November 4, 1986 and consolidated with the state- wide general election to be held on that same date . The elec- tion shall be called and conducted in the same manner as provided by law for the conduct of elections by a county. Pursuant to Public Utilities Code S131108(h ) , the sample ballot to be mailed to the voters shall be the full proposition attached to this ordi- nance , and the voter information handbook shall include the entire Expenditure Plan . The County Clerk (Elections Clerk) shall take all steps necessary to place the attached proposition before the voters at the November 4, 1986 statewide general election . Approval of the attached proposition , and imposition of the tax, shall require the vote of a majority of the electors voting on the attached proposition at the election described in this section . SECTION XIV_. SEVER_AB_ILITY. If any tax or provision of this ordi- nance is for any reason held invalid or unenforceable by a court of competent jurisdiction , that holding shall not affect the valid- ity or enforceability of the remaining taxes or provisions , and the Board declares that it would have passed each part of this ordinance irrespective of the validity of any other part . SECTION XV. PUBLICATION. Within 15 days after the passage of this ordinance,rthe Clerk of the Board shall cause this ordinance and the Expenditure Plan to be published once , with the names of the members voting for and against this ordinance , in the Contra Costa Times ; a newspaper published in this county. PASSED on Auqust_5_-1986 _`_—Y-- by the following vote: AYES : Supervisors Fanden, Schroder , McPeak, Torlakson and Powers NOES : None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By • ---_-----__ eputy Clerk Boar C air i' [SEAL] ORDINANCE NO. 86- 66 EXHIBIT "A" MEASURE B Shall the Contra Costa Transportation Improvement Program Ordinance 86 - 66 be approved for the purpose of funding - essential transp 7 on projects in Contra Costa County in order to: 1 ) Establish a Contra Costa County Transportation Authority; 2 ) Authorize the Authority to impose a one half. of one percent retail transactions and use tax for transportation purposes for a period not to exceed 15 years , and; 3 ) Authorize the issuance of limited tax bonds in an amount not to exceed $590 ,000 ,000 payable from the proceeds of the tax , and establish an annual appropriations limit of $375 ,000,000 for the Authority pursuant to Article XIII B of the California Constitution? MeasureB 7/31/86 1� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 5 , 1986 , by 'the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None -------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: SB 878 Expenditure Plan Ballot Measure The Board this date adopted a retail and use tax ordinance which will allow the County Transportation Expenditures Plan propo- sition to be placed on the November 14 , 106 ballot, and directed the Clerk-Recorder to take all appropriate actions pursuant to Elections Code and SB 878 to place the proposition on the ballot and to prepare appropriate voter information. In conjunction therewith, IT IS BY THE BOARD ORDERED that the Community Development staff is DIRECTED to coordinate placement on the ballot with Alameda County in an effort to assure consistency of ballots in the two Counties. IT IS FURTHER ORDERED that the Community Development Director is REQUESTED to provide the Board with a list of County staff who assisted with the development of the SB 878 Expenditure Plan. IT IS FURTHER ORDERED that the Chairman is AUTHORIZED to work with Community Development staff to develop the ballot argument for endorsement by the whole Board on August 12, 1986 . cc: Community Development Director County Administrator 1 hereby certify that this is a true and correct copy of an action taken and er.!ered on the minutes of the Board of Supervisors on the date shown. ATTESTED: A±244�._ i •S, �9�� PHIL DATCH`:_LOt), Uerk of the Board of Supervisors and County Administrator By , Deputy