HomeMy WebLinkAboutCC ORD 2005-2270 Tax levy (Special)ORDINANCE NO. 2005 — 2270
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY DECLARING AN EMERGENCY
PURSUANT TO ARTICLE XIII C OF THE CALIFORNIA
CONSTITUTION, AND ORDERING THE SUBMISSION OF A
MEASURE TO IMPOSE A TRANSACTIONS AND USE TAX
(A SALES TAX) IN THE AMOUNT OF ONE PERCENT (1%)TO
THE QUALIFIED VOTERS OF THE CITY AT THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2005
WHEREAS, section 7825.9 of the California Revenue and Taxation Code
authorizes cities to levy a transactions and use tax ("sales tax" or "sales and use tax") at
a rate of 0.25% (or any multiple thereof) to be expended for general purposes, which
transactions and use tax is subject to the approval by a two-thirds majority vote of all the
members of the City Council and by a majority vote of the qualified voters of the City
voting in an election on the issue; and
WHEREAS, Article XIII C, section 2 of the California Constitution requires
that a general tax must be approved by a majority vote of the qualified voters of the City
voting in an election on the issue, and that said election shall be consolidated with a
regularly scheduled general election for members of the governing body of the local
government, except in cases of emergency declared by unanimous vote of the
governing body; and
WHEREAS, the City Manager has presented evidence that the City is
facing a structural budget deficit in the magnitude of a $6.7 Million annual shortfall in
funding City services, facilities and programs, which will result in a substantial reduction
in those services, facilities and programs unless additional sources of revenue can be
found; and
WHEREAS, the City Council desires to submit a ballot measure on a
transactions and use tax to the qualified voters of the City of National City at a Special
Municipal Election to be consolidated with the Statewide Special Election to be held on
November 8, 2005 (the "Consolidated Election"); and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City as follows:
Section 1. That the City Council hereby finds, determines and declares that an
emergency exists within the meaning of Article XIII C, Section 2 of the California
Constitution, in that without additional revenues, the City is facing a structural budget
deficit in the magnitude of a $6.7 Million shortfall in funding City services, facilities and
programs, which will result in a substantial reduction in those services, facilities and
programs unless additional sources of revenues can be found.
Ordinance No. 2005 - 2270 1 Submission of a Measure Imposing a
July 19, 2005 Transactions and Use Tax (Sales Tax)
Section 2. At the consolidated statewide special election to be held on
November 8, 2005, there shall be submitted to the qualified voters the following
measure to approve an ordinance levying a transactions and use tax for general
purposes:
Shall an ordinance be approved
imposing a one percent transactions
and use tax (a sales tax) for City
services, facilities and programs?
Yes
No
Section 3. The measure shall be submitted to the voters of National City as
required by Section 53720 et seq. of the California Government Code, approved by the
voters of California in 1986 as Proposition 62, as required by Article XIII C of the
California Constitution, approved by the voters of California in 1996 as Proposition 218,
and as required by Section 7285.9 of the California Revenue and Taxation Code.
Section 4. This ordinance shall take effect immediately as an ordinance
relating to an election, pursuant to California Government Code Section 36937 (a).
PASSED and ADOPTED this 19th day of July, 2005.
Nick Inzulayor
ATTEST:
Mic ael Dalla, Cit Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ordinance No. 2005 - 2270 2 Submission of a Measure Imposing a
July 19, 2005 Transactions and Use Tax (Sales Tax)
Passed and adopted by the Council of the City of National City, California, on July 19,
2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of Nat . nal City, California
City Jerk of the City .�' National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on July 19, 2005, under
the provisions of Section 36937(a) of the California Government Code and became
effective immediately upon said adoption.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2005-2270 of the City Council of the City of National City, passed
and adopted by the Council of said City on July 19, 2005.
City Clerk of the City of National City, California
By:
Deputy