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Home My WebLink AboutORDINANCES - 08091988 - 88-66 TJ ORDINANCE NO. 88-_6_6___ (Calling of Special Election for Voter Approval of Imposition of Half-Cent Sales Tax for Transportation Purposes ) The Contra Costa County Board of Supervisors ordains as follows : SECTION I : . SUMMARY . This urgency ordinance calls a special election, at the request of the Contra Costa Transportation Authority (Contra Costa Transportation Partnership Commission) , referred to as the "Authority, " for the purpose of submitting to the voters for approval the imposition of a one-half cent sales tax for the transportation projects described in the tax ordinance and county transportation expenditure plan previously adopted by the Authority. SECTION II : RECITALS AND FINDINGS . This ordinance is made with ---------- -------------------- reference to the following recitals and findings : Local highway and transportation improvements in Contra Costa County are needed to resolve the serious countywide traffic congestion that threatens the economic viability of the area and adversely impacts the quality of life therein; and In order to deal with current and future local transportation maintenance and improvement needs , local jurisdictions need to develop and implement local funding programs that go significantly beyond current federal and state funding , which is inadequate to resolve these problems ; and It is in the public interest, under SB 142 ( 1987 Statutes , Chapter 786 ) , to allow the voters in each county to implement a retail transactions and use tax ordinance for the purpose of funding- a transportation expenditure plan to raise additional local revenues to provide transportation improvements and maintenance and to meet local transportation needs in a timely manner ; and A majority of the cities and towns of Contra Costa with a majority of the population and the County Board of Supervisors have approved a Contra Costa Transportation Improvement and Growth Management Expenditure Plan ( county transportation expenditure plan ) to adequately fund the implementation of these essential projects to adequately deal with current and anticipated traffic congestion ; and The Transportation Partnership Commission, which has been designated as the Transportation Authority by the County with concurrence of the cities , has adopted the expenditure plan and has adopted a Contra Costa Transportation Improvement and, Growth Management Ordinance ( Ordinance #88-01 ) by a two-thirds majority of its membership; and The Transportation Authority has requested that the Board of Supervisors place Ordinance #88-01 on the November ballot for approval of imposition of the proposed tax. SECTION III : CALL OF SPECIAL ELECTION. At the request of the Authority, pursuant to Public Utilities Code sections 180201 and 180203 , the Board of Supervisors hereby calls a special election for the purpose of submitting the following proposition to the voters of the incorporated and unincorporated territory of Contra Costa County for approval : yin � y "CONTRA COSTA TRANSPORTATION IMPROVEMENT AND GROWTH MANAGEMENT PROGRAM "One-half of one percent sales tax to relieve traffic congestion , and improve the quality of life by funding regional transportation construction projects , and establishing a growth management and mandatory developer fee program. "Transportation construction and planning improvements include : * Improving Interstate 680 , State Route 4 , North Richmond/ Interstate 80 Bypass and Camino Pablo ( San Pablo Dam Road Corridor ) ; * Extending rail transit to North Concord and East County; * Providing BART parking; * Improving transit for the elderly and handicapped; * Improving local streets ; * Requiring participating local governments to take part in a regional transportation and planning progam. "Shall the Contra Costa Transportation Authority be authorized to establish, by ordinance, a one-half of one percent retail transactions and use tax with an Article XIIIB appropriations limit of $765 million, for a period not to exceed twenty years, with the proceeds placed in a special fund solely for the transportation construction and planning program? " SECTION IV: CONSOLIDATION. Said election shall be consolidated ---------- ------------- with the Statewide General Election to be held on November 8 , 1988 . SECTION V: CONDUCT OF ELECTION . Pursuant to Public Utilities Code --------- ------------------- section 180203 (b) , the County Clerk (Elections Clerk ) shall conduct said election in the same manner as provided by law for the conduct of special elections by a county. SECTION VI : SAMPLE BALLOT AND VOTER HANDBOOK. Pursuant to Public Utilities Code section 180203 ( c) , the sample ballot to be mailed to the voters shall contain the full proposition, as set forth in Section III of this ordinance, and the voter information handbook shall include the entire Contra Costa Transportation Improvement and Growth Management Program (county transportation expenditure plan and the tax ordinance ) referred to in Section II of this ordinance . SECTION VII : ELECTION COST. Pursuant to Public Utilities Code ---------- ------------- section 180203 (a) , if the proposition (measure ) is approved, the Authority shall reimburse the County for all costs of conducting said election . SECTION-VIII : URGENCY DECLARATION. This ordinance is an urgency --- -- ---- ------ ------ --- measure to protect the public safety, health and welfare , pursuant to the authorization of Government Code section 25123 and Elections Code section 3751. The facts constituting the urgency are as follows : a. Pursuant to Public Utilities Code sections 180201 and 180203 , the Board of Supervisors has a ministerial duty ( i .e . , no discretion) to call a special election at the request of the Authority, which has fulfilled all requirements for the calling of such election. ORDINANCE NO. 88-66 b . August 9 , 1988 is the last regular meeting date at which the Board of Supervisors can place measures on the ballot for the November 8 , 1988 Statewide General Election. C . If the election requested by the Authority is not held on November 8 , 1988 , the voters of Contra Costa County will not have an opportunity this year to approve a one-half cent sales tax to provide funding for necessary transportation projects in this county. Any delay in the funding and construction of these projects will be detrimental to the public safety, health and welfare , in that current levels of air pollution, traffic congestion, vehicle accidents , road inadequacy, and road deterioration will continue or worsen until adequate funding is secured through voter approval . SECTION IX: EFFECTIVE DATE. This ordinance becomes effective immediately upon passage and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the —CONTRA COSTA TIMES -- a newspaper published in this county. ------ ---—------ PASSED on August 9 , 1988 by the following vote : AYES: Supervisors Powers , Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT: None ABSTAIN: None ATTEST : PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By De y Clerk — ----------------- Board Chair [ SEAL] DFS: tb ORDINANCE NO. 88 -66