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HomeMy WebLinkAboutCC ORD 2006-2279 Declares emergency transactions and use tax for the special election (Special)ORDINANCE NO. 2006 — 2279 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 JUNE 6, 2006 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, including public safety 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 Primary Election to be held on June 6, 2006 (the "Consolidated Election"). 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, including public safety 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. Section 2. That the City Council further finds, determines and declares that it is necessary for this ordinance to take effect immediately for the preservation of the public peace, health and safety, within the meaning of Section 36937(b) of the California Government Code. Section 3. At the consolidated statewide primary election to be held on June 6, 2006, 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 up to 10 years for City services, facilities and programs? Yes No Section 4. 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 5. This ordinance shall take effect immediately as an ordinance relating to an election, pursuant to California Government Code Section 36937 (a), and as an urgency ordinance necessary for the immediate preservation of the public peace, health or safety, pursuant to California Government Code Section 36937(b). PASSED and ADOPTED this 7th day of February, 2006. ATTEST: hael Dail, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Ordinance 2006-2279 Passed and adopted by the Council of the City of National City, California, on February 7, 2006, 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 National City, California M City C =rk of the City of N. nal City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on February 7, 2006, 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. 2006-2279 of the City Council of the City of National City, passed and adopted by the Council of said City on February 7, 2006. City Clerk of the City of National City, California By: Deputy ORDINANCE NO. 2006 — 2279 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 JUNE 6, 2006 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, including public safety 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 Primary Election to be held on June 6, 2006 (the "Consolidated Election"). 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, including public safety 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. Section 2. That the City Council further finds, determines and declares that it is necessary for this ordinance to take effect immediately for the preservation of the public peace, health and safety, within the meaning of Section 36937(b) of the California Government Code. Section 3. At the consolidated statewide primary election to be held on June 6, 2006, 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 up to 10 years for City services, facilities and programs? Yes No Section 4. 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 5. The proposed transactions and use tax shall be imposed at the rate of one percent for ten years and shall then terminate, unless the City Council determines prior to that date that the levy and collection of the tax is no longer necessary, in which case the City Council has the authority to reduce the rate of tax, or to terminate the imposition of the tax. Section 6. This ordinance shall take effect immediately as an ordinance relating to an election, pursuant to California Government Code Section 36937 (a), and as an urgency ordinance necessary for the immediate preservation of the public peace, health or safety, pursuant to California Government Code Section 36937(b). PASSED and ADOPTED this 7th day of February, 2006. Nick INzunz' , Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, Cis Clerk Ordinance 2006-2279 2 George H. fser, III City Attorney