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HomeMy WebLinkAboutRESOLUTIONS - 12191995 - 140-95 RESOLUTION NO. 140-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARTINEZ PROPOSING A UTILITY USERS TAX; CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION TO BE HELD MARCH 26, 1996, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA TO CONSOLIDATE SAID ELECTION; AND AUTHORIZING THE CITY CLERK OR HIS DULY AUTHORIZED OFFICERS AND AGENTS TO CARRY OUT ALL THE NECESSARY PROCEDURES FOR SAID ELECTION SUBMITTING TO THE VOTERS THE QUESTION RELATING TO A GENERAL,. UTILITY USERS TAX WHEREAS, on July 24 , 1995, the City Council of the City of Martinez adopted Ordinance No. 1223 C.S. which. imposed a utility users tax on persons covered by the Ordinance; WHEREAS, on September 28, 1995, the California Supreme Court handed down its decision entitled Santa Clara County Local Transportation Authority v. Guardino ("Guardino") . Said decision is not yet effective or final. However, should the Guardino decision become effective, its implications for the said City utility users tax are unclear and have left the financial stability and condition of the City in uncertainty; WHEREAS, in order to attempt to bring financial clarity to the City and particularly with respect to the City's ability to generate revenues by virtue of a utility users tax, the City Council proposes the adoption of a utility users tax virtually identical with that adopted by Ordinance No. 1223 and desires to submit said tax as a measure to be voted upon at an upcoming election; WHEREAS, by placing said utility users tax measure on the ballot, the City Council is in no way conceding or admitting that its action in adopting Ordinance No. 1223 C. S. was unlawful or is affected by the Guardino decision; WHEREAS, it is desirable that the aforementioned election be consolidated with any other local election to be held on March 26, 1996 , and that within the City, the precincts, polling places and election officers of the two elections be the same; and WHEREAS, it is desirable that the County Election Department of the County of Contra Costa canvass the returns of the Special Municipal Election and that the election be handled in all respects as if there were only one election: utility.res 1 Deccmber 6, 1995 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARTINEZ, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council proposes the adoption of a utility users tax as set forth in the Ordinance attached hereto as Exhibit "A" and incorporated by this reference. If adopted by the electorate, said Ordinance would establish and impose a general tax in the form of a utility users tax, at a rate of 3 .25% on charges by the suppliers of telephone, electrical energy, gas, water and video services, to be collected- by such suppliers, all as set forth in the attached Exhibit "A" . Section 2 . That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Martinez, California, on Tuesday, March 26, 1996, an election. Section 3 . That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Contra Costa is hereby requested to consent and agree to the consolidation of said election. Section 4 . That the City Council, pursuant to its right and authority, does order submitted .to the voters at the election the following question: "Shall the ordinance creating a utility users tax be adopted?" Section 5 . That should said question be approved by the requisite vote, the ordinance attached as Exhibit "A" shall be enacted. Section 6. That pursuant to Elections Code Section 9280 , the City Clerk shall transmit a copy of the measure to the City Attorney who shall prepare an impartial analysis of the measure in accordance with said Section 9280. Arguments for and against said measure may be filed in accordance with applicable provisions of the law. Pursuant to Section 9285 , or § 9220 if applicable, of the Elections Code of the State of California, (the provisions of which are .hereby adopted) , when the clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. The text of the measure shall be printed on the ballot in the voter information portion of the sample ballot. utility.res 2 Decembcr 6, 1995 Section 7 . That the County Election Department is authorized to canvass the returns of said election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 8 . That the Board of Supervisors is requested to issue instructions to the county. election department to take any and all steps necessary for the holding of the consolidated elections. Section 9 . That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Contra Costa. Section 10. That the polls for the election shall be open at 7 : 00 a.m. of the date of the election and shall remain open continuously from that time until 8 : 00 p.m. of the same day, when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. Section 11. 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 12 . 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. Section 13 . That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of Martinez at a Regular Meeting of said Council held- on the 4th day of December, 1995, by the following vote: AYES: Councilmembers Burt, Farley, Woodburn, Vice Mayor Frazer and Mayor Menesini NOES: None ABSENT: None GUS S. KRAMER, CITY CLERK By' Jo i Keegan eputy City Clerk Pro Tem City of Martinez udlity.res 3 December 6, 1995