HomeMy WebLinkAboutRES-95-5780 (ELECTION 3-26-96/SPECIAL/GIVING NOTICE-SUBMISSION OF MEASURE)1
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RESOLUTION NO. 95-5780
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION ON TUESDAY, MARCH 269 19969 FOR THE SUBMISSION
TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE
WHEREAS, the City Council of the City of Hermosa Beach, California, desires to
submit to the voters at a Special Municipal Election a proposed ordinance relating to a Utility
Users Tax ([JUT); and
WHEREAS, the City Council is authorized and directed by statute to submit the
proposed ordinance to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. 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 Hermosa Beach,
California, on Tuesday, March 26, 1996, a Special Municipal Election for the purpose of
submitting to the voters the following proposed ordinance:
UTILITY USERS TAX INCREASE
YES
NO
Shall the Ordinance which would increase the Utility Users
Tax, imposed pursuant to Article VI of Chapter 30 of the
Hermosa Beach Municipal Code, from six percent (6%) to
eight percent 8% be adopted?
SECTION 2. That the text of the ordinance submitted to the voters is attached as
Exhibit A.
SECTION 3. That the ballots to be used at the election shall be in form and content as
required by law.
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SECTION 4. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the
day of the election and shall remain open continuously from that time until eight o'clock p.m. of
the same day when the polls shall be closed, except as provided in Section 14401 of the Elections
Code of the State of California.
SECTION 6. 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 7. 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 8. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPA'tD AND ADOPTED THIS �DAY OF NOVEMBER, 1995.
of the City Cou c Viand MAYOR of the City of Hermosa Beach, California
I ATTEST v APPROVED AS TO FORM:
.00
City Clerk/ Ci Xorney
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EXHIBIT A
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH
MUNICIPAL CODE RELATING TO A UTILITY USERS TAX
WHEREAS, Ordinance No. 85-804, as amended by Ordinance Nos. 86-832, 86-
837, 87-89610 88-919, and 88-967, added, to Chapter 30 of the City's Municipal Code, Article
VI, which relates to a utility users tax; and, pursuant to Article VI, the City imposed a tax upon
persons in the city using intrastate, interstate, or international telephone communication services,
electrical energy, gas energy, water (which is delivered through mains or pipes) and cable
television service; and
WHEREAS, Article VI provided for a rate of tax of ten percent of the charges
made for the above described utilities, with six percent of the Utility Users Tax being a general
tax (the proceeds of which are placed in the City's general fund and used for general
governmental purposes) and with four percent of the Utility Users Tax being a special tax (the
proceeds of which are placed in a special fund and used to pay for the costs of the acquisition and
financing by the City of the property commonly known as the A.T. & S.F. Railroad right-of-way;
and
WHEREAS, Article VI provided that the four percent special tax portion of the
Utility Users Tax would terminate upon a finding by the City Council that the special tax is no
longer necessary for its adopted purpose of paying for the A.T. & S.F. Railroad right-of-way,
and pursuant to Ordinance No. 95-1137, adopted November 14, 1995, the City Council
terminated the four -percent special tax portion of the Utility Users Tax; and
WHEREAS, the purpose of this Ordinance is to increase the remaining general
fund portion of the Utility Users Tax from six percent to eight percent.
THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS:
SECTION 1. Paragraph (a) of Section 30-46 of Article VI of Chapter 30 of the
Hermosa Beach Municipal Code is hereby amended to read as follows:
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"Sec. 30-46. Telephone tax.
(a) There is hereby imposed a tax upon every person in the city, other than a
telephone corporation, using intrastate, interstate, or international telephone
communication services in the city. The tax imposed by this section shall be at the rate of
eight (8) percent of all charges made for such service and shall be paid by the person
paying for such services."
SECTION 2. Paragraph (a) of Section 30-47 of Article VI of Chapter 30 of the
Hermosa Beach Municipal Code is hereby amended to read as follows:
"Sec. 30-47. Electricity tax.
(a) There is hereby imposed a tax upon every person in the city using electrical
energy in the city. The tax imposed by this section shall be at the rate of eight (8) percent
of the charges made for such energy and shall be paid by the person paying for such
energy. "Charges," as used in this section, shall include charges made for (1) metered
energy, and (2) minimum charges for such services, including customer charges, service
charges, demand charges, standby charges, and annual and monthly charges, fuel, cost
adjustments, etc."
SECTION 3. Paragraph (a) of Section 30-48 of Article VI of Chapter 30 of the
Hermosa Beach Municipal Code is hereby amended to read as follows:
"Sec. 30-48. Gas tax.
(a) There is hereby imposed a tax upon every person in the city using gas energy
in the city. The tax imposed by this section shall be at the rate of eight (8) percent of the
charges made for such gas energy and shall be paid by the persons paying for such gas.
"Charges," as used in this section, shall include charges made for (1) gas which is
delivered through mains or pipes, and (2) minimum charges for such services, including
customer charges, service charges and annual and monthly charges."
SECTION 4. Paragraph (a) of Section 30-49 of Article VI of Chapter 30 of the
Hermosa Beach Municipal Code is hereby amended to read as follows:
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"Sec. 30-49. Water tag.
(a) There is hereby imposed a tax upon every person in the city using water
which is delivered through mains or pipes in the city. The tax imposed by this section
shall be at the rate of eight (8) percent of the charges made for such water and shall be
paid by the person paying for such water. "Charges," as used in this section, shall include
charges made for (1) metered water, and (2) minimum charges for services, including
customer charges, ready to serve charges, standby charges, and annual and monthly
charges."
SECTION 5. Paragraph (a) of Section 30-50 of Article VI of Chapter 30 of the
Hermosa Beach Municipal Code is hereby amended to read as follows:
"Sec. 30-50. Cable television tax.
(a) There is hereby imposed a tax upon every person in the city using cable
television service in the city. The tax imposed by this section shall be at the rate of eight
(8) percent of the charges made for such service and shall be paid by the person paying
for such service."
SECTION 6. This ordinance shall be referred to, and shall be effective only if
approved by a majority of, the voters voting at an election to be held March 26, 1996.
SECTION 7. The tax imposed under Article VI of Chapter 30 of the Hermosa
Beach Municipal Code shall be collected at the rate of eight (8) percent of the charges made for
the services described herein for the first time on the tax bill applicable to the first regular billing
period commencing on or after April 1, 1996. Until such time, the tax imposed under Article VI
of Chapter 30 shall continue to be collected at the rate of six (6) percent of the charges made for
the services described herein.
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I. Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 95-5780 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at a Regular Meeting of
said Council at the regular place thereof on November 14, 1995.
The vote was as follows:
AYES:
Edgerton, Oakes, Reviczky, Mayor Bowler
NOES:
None
ABSTAIN:
None
ABSENT:
Benz
DATED: November 15, 1995
H A
it
Deputy City Clerk
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