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HomeMy WebLinkAbout21063 - RESOLUTIONS - 7/21/2004 ' RESOLUTION NO. 21063 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 UTILITY USERS TAX BALLOT QUESTION WHEREAS, under the provisions of Article VIII of the Charter of the City of Palm Springs, and the laws relating to the conduct of municipal elections, the City Council may call a special election consolidated with the regular statewide election to be held on Tuesday, November 2, 2004, for the purpose of permitting the voters of Palm Springs to decide whether certain amendments to the City's municipal code should be adopted; and WHEREAS, the City Council wishes to place a matter on the ballot for consideration by the City's voters, to increase the City's existing utility users tax, the revenue of which shall be used to support general operating costs for the City. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: ' Section 1. There shall be a measure put to a vote of the people of Palm Springs, consolidated with the regular statewide general election to be held November 2, 2004, which would increase general fund revenue by increasing by three percent (3%) the existing utility users tax within the City of Palm Springs. The text of the proposed measure is set forth in Attachment "A" of this Resolution. The ballot question shall be: "Shall the ordinance to permit the Council to increase the existing utility users tax by up to three percent for a period of no more than three years, be adopted?" Section 2. The City Council has been facing a $4.2 million budget deficit for the coming fiscal year caused by a number of factors, including the loss of $800,000 in vehicle license fees and the diversion of $900,000 by the State of California in each of fiscal years 2004-2005 and 2005-2006 to fund a $15 billion borrowing of monies approved by the voters of California. Furthermore, the State legislature is considering a reallocation of $1.8 million in City sales tax revenue for fiscal year 2004-2005 and beyond with the promise that such funds would be replaced with a similar amount of property tax revenue, however, such replacement is far from certain. This is in addition to the annual diversion of $3.2 million in City property taxes and other revenue which the State has been taking since 1992. This $4.1 ongoing loss of revenue, along with other causes, have created an emergency within the meaning of Article XIII C § 2(b) of the California Constitution (Proposition 218). Given the State's precarious budget situation, there is a high possibility for additional diversions of City revenue to the State in the future. ' Approximately 55% of the City's general fund budget is spent on public safety services (police and fire), and the loss of the foregoing funds will seriously threaten public safety services, as R21063 Page 2 well as other necessary general operations which are essential to the health, safety and welfare of the people of Palm Springs. ' Section 3. The City Clerk of said City is hereby authorized, instructed and directed to procured and furnish, through the Registrar of Voters for the County of Riverside or other resource as necessary, any and all official ballots, notices, printer material and all supplies, equipment and paraphernalia that may be necessary in order to property and lawfully conduct said election. Section 4. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. Section 5. The polls for said election shall be open at seven o'clock a.m. on the day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 6. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. Section 7. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. Section 8. The City Clerk is authorized to reimburse said County, or other resource, for ' services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 9. Pursuant to Chapter 6, Division 15, of the Elections Code of the State of California, the canvas of the General Municipal Election to be held in said City is hereby ordered to be made and caused by the City Clerk. Section 10. The City Clerk of said City shall cause to be complete the canvas of said election and shall certify the results to the City Council in accordance with State and local law. ADOPTED this 21 st day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City�Mana REVIEWED AND APPROVED: ' R21063 Page 3 ' ATTACHMENT "A" TEXT OF ORDINANCE — UTILITY TAX MEASURE SECTION 1. Chapter 3.32 of the Palm Springs Municipal Code is hereby amended to add a new section 3.32.061, to read as follows: "Section 3.32.061 Temporary Increase (a) Notwithstanding subsection (a) of Sections 3.32.030, 3.32.040, 3.32.050, and 3.32.060, the tax rate for intrastate telephone services, electrical energy, gas, and congenerated electrical energy, may be increased by up to an additional three percent (3%), by ordinance of the City Council adopted pursuant hereto. (b) The authority granted herein shall expire on January 1, 2008. (c) The collection of the addition taxes authorized by this section shall be in the same manner as all other taxes collected pursuant to this chapter." ' SECTION 2. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. This measure would have been adopted, including each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. SECTION 3. Effective Date. If passed by the voters at the November 2004 election, this measure shall take effect on January 1, 2005.