Loading...
HomeMy WebLinkAbout2003-210 RESOLUTION NO. 2003-210 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A BALLOT 3 MEASURE RELATING TO A SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S 4 SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4, 2003 CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF 5 SAN BERNARDINO. 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. A. Pursuant to Section 9222 of the Elections Code of the State of California, the legislative body of a city i'lay subrnit to the voters, without a petition therefor, a proposition for the repeal, arnendment, or eHactrnent of any ordinance, to be voted upon at any succeeding regular or special city election. B. Pursuant to Article XIIIC S2(d) of the Constitution ofthc State of California, a special tax must be submittcd to the electorate of the local jurisdiction and approved by a two-thirds vote. 23 C. Pursuant to this authority, the Mayor and Cornrnon Council have adopted Resolution No. 2003-209 subrnitting to the voters of the City of San Bernardino for their approval or disapproval an ordinance which, if approved by the voters, would irnpose a special tax for ten years to help fund the City's libraries. SECTION 2. Special Municipal Election Called. A special rnunicipal election is hereby called and will be hcld in the City of San Bernardino on Tuesday, Novernber 4,2003, for the purpose ofsubrnitting to the quahr;~d electors of the City, for their approval or disapproval, the ordinance as set forth in Exhibit "A" attached hereto. 24 25 26 27 28 SECTION 3. RCQllest for Consolidation of Elections. Pursuant to Section 10400 of the California Elections Code, the Mayor and Cornrnon Council of the City ufSan Bernardino request that the Board of Supervisors of the County of San Bernardino consolidate the City's special municipal election with the consolidated election conducted by the County of San Bernardino to be J-1TC/cd[Lib.Tax.2.reso 1 2003-210 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A BALLOT MEASURE RELATING TO A SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4, 2003 CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. 3 4 5 6 7 8 9 10 11 held on Tuesday, Novernber 4,2003. The polls for said election shall be open at 7:00 a.rn. of the day of said election and shall rernain open continuously from said tirne until 8:00 p.rn. ofthc sarne day when said polls shall be closed, except as provided in Section 14401 of the CalifiJrnia Elections Code. SECTION 4. Measure. The rneasure to be voted on at the consolidated special rnunicipal election as it is to appear on the ballot shall be as follows: 12 13 14 15 MEASURE . Shall the ordinancc adding Chapter 3.42 to the San Bernardino Municipal Code be approved by the voters so that a special tax shall be irnposed for ten years to help fund the City's libraries? AGAINST THE ORDINANCE [] FOR THE ORDINANCE [ ] 16 17 18 The rneasure shall be designated on the ballot by a letter printed on the left rnargin of the 19 square containing the description of thc rneasure as provided by law. 20 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of 21 San Bernardino is hcrcby authorizcd to canvass the returns ofthe special rnunicipal election so called 22 and to conduct the special rnunicipal clcction in all respects as if there were only onc election with 23 only onc forrn of ballot. Results ofthe special municipal election shall be certified to the Mayor and 24 Cornrnon Council of the City of San Bernardino. 25 SECTION 6. Notice of Election. The City Clerk is hereby directed to publish a notice of 26 the special rnunicipal elcction which shall contain the following: 27 A. B. The tirne of the election; The hours thc polls will he open; 28 HTC/cdlLib.Tax.2.reso] 2 2003-210 1 2 3 4 5 6 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A BALLOT MEASURE RELATING TO A SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4, 2003 CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. c. That the last day for receipt ofprirnary argurnents for or against the measure has been 7 established as 5:00 p.rn. on August 15,2003, in the City Clerk's Office, Second Floor, City Hall, 300 8 North "D" Street, San Bernardino, California; 9 D. That the last day for receipt ofrebuttal argurnents is 5 :00 p.rn. on August 22, 2003, lOin the City Clerk's Office at the above location. 11 The City Clerk i, directed to make arrangernents to accept arguments and to arrange for 12 sarnple ballots, in accordance with the appropriate sections of the California Elections Code. which ] 3 shall include the entire text of the ordinance to be approved or disapproved by the voters which, if 14 approved by the voters, I.ould irnpose a special tax for ten years to help fund the City's libraries. 15 This notice rnay be cornbined with a notice of any other rnunicipal election to be held on the sarne 16 date. 17 SECTION 7. Conduct of Election. The special rnunicipal election so called shall be held 18 in such precincts and at such polling places as shall be determined by the Registrar of Voters of the 19 County of San Bernardino. The Board of Supervisors ofthe County of San Bernardino is hereby 20 requested to issue instructions to the Registrar of Voters to take all steps necessary for the holding 21 of the consolidated election. The Mayor is hereby authorized to execute a contract for the services 22 necessary for conducting the special rnunicipal election. The City of San Bernardino recognizes that 23 additional costs will be Incurred by the County by reasons of this consolidation and agrees to 24 reimburse the County for any such costs. 25 SECTION 8. FiJin!!: of Resolution. The City Clerk of the City of San Bernardino is directed 26 to file a certified copy of this Resolution with the Board of Supervisors of the County of 27 San Bernardino and to file a copy of this Resolution with the Registrar of Voters. 28 III HTCJedjl .ibTax. 2 .reso] 3 .'y--'" . .11 2003-210 2 3 4 5 6 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A BALLOT MEASURE RELATING TO A SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4, 2003 CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Cornrnon Council of the City of San Bernardino at a joint regular rneeting thereof, held 8 on 21 st day of July , 2003, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT X X X X X x x 9 10 II 12 13 14 IS 16 17 18 19 20 Council Mernbers : ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK gfu;ndAfl?rVl! dJn~ Jy {Jufb , CITY CLERK -(f The foregoing resolution is hereby approved this; ,\4' Y of , 2003. 21 22 23 24 25 26 27 28 Gordon McGinnis, Mayor Pro Tem City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: L Il~ 0- IITC/ed[Lib.Tax.2.reso] 4 2003-210 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL 3 TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO-THIRDS OFTHE VOTES CAST BY VOTERS VOTING UPON THE 4 PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 6 ORDAIN AS FOLLOWS: 7 SECTION 1. 8 as follows: 9 10 11 Sections: 12 3.42.010 3.42.020 13 3.42.030 3.42.040 14 3.42.050 3.42.060 15 3.42.070 3.42.080 16 3.42.090 3.42.100 17 3.42.110 3.42.120 18 3.42.130 3.42.140 19 20 3.42.010. Chapter 3.42 is hereby added to the San Bernardino Municipal Code to read Chapter 3.42 LIBRARY SPECIAL TAX Short Title. Definitions. Exemptions. Special Tax. Findings and Declarations. Purpose. Special Fund. Tax Rate. Term. Adjustments and Refunds. Severability. Effective Datc. Annual Report. Exclusive Use of Library Special Tax Funds. Short Title. 22 Tax Ordinance." 21 This chapter shall be known and rnay be cited as the "City of San Bernardino Library Special 23 3.42.020. Definitions. 25 in this section: 24 The following words and phrases whenever used in this Chapter shall be construed as defined 26 A. "Building" rneans any structure having a roof supported by colurnns or walls, for the 28 B. 27 housing, shelter or enclosure of persons, anirnals, chattels or property of any kind; "Condorniniurn Project" rneans a condorniniurn as defincd in Section 1350 of thc I EXIIIHIT "A" 2003-210 2 AN ORDINANCE OFTHE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 3 4 5 Civil Code, or its successor Code or Section, a cornrnunity apartrnent project as defined in Section 6 11004 ofthe Business and Prolessions Code, or its successor Code or Section, or a stock cooperative 7 as defined in Section 11003.2 of the Business and Professional Code. or its successor Code or 8 Section, 9 c. "Irnprovernent to property" rneans a building or other irnprovernent erected on or 10 affixed to a parcel, excluding parking structures; 11 D. "Library" rneans the San Bernardino Public Library systern and each of the branches 12 thereof as the sarne rnay exist frorn tirnc to tirne, together with any additions or betterrnents thereto, 13 or irnprovements, extensions or expansions thereof; 14 E. "Maintenance and Operations Costs of the Library" rneans: (l) all reasonable and 15 necessary costs spent or incurred by the City for rnaintaining and operating the Library, calculated 16 in accordance with generally accepted accounting principles including, but not lirnited to, all 17 arnounts paid or payable frorn tirne to time for books, pcriodicals, reference rnaterials, research 18 rnaterials, subscription services or other inforrnation sources, in whatever forrn they rnay take, 19 operated or utilized by or through the Library, the reasonable expenses of rnanagernent and repair 20 and other expenses necessary to maintain and preserve the Library in good repair and working order, 21 salaries and wages of ernployees, payrnents to employees' retirernent systerns, taxes, if any, fees of 22 auditors, accountants, attorneys or engincers and insurance prerniurns; 23 24 (2) (3) deprcciation, replacernent and obsolescence charges or reserves therefor; costs of capital additions, replacernents, betterrnents, extensions or irnprovcrnents to 25 the Library, which under generally accepted accounting principles are chargeable to a capital account 26 or to a reserve for depreciation; but shall not be construed to rnean costs to provide support services 27 to the Library by any other Dcpartrnent of the City; 28 F. "Parcel" rneans a unit of real property as shown on the last equalized assessrnent roll 2 EXHIIlIT ",\" 2003-210 2 3 4 AN ORDINANCE OFTHE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 5 of San Bernardino County. 6 G. "Required Arnount" rneans the rninirnurn arnount which rnust be appropriated in a 7 fiscal year by the City as Maintenancc and Operations Costs for the Library in order to levy a special 8 tax in that fiscal year. 9 H. "State Aid - Librarics" rneans funds received from the State of California pursuant 10 to Title I, Division 1, Part 11, Chapter 1.5, Articles 1 - 4 of the Educalion Code of the State of 11 California (The Public Library Finance Act of 1982), or any other State law resulting in funds 12 received frorn the State for use by the Library, except grants for specific projects or specific scrvices 13 which are applied for by the Library and received frorn the State of California. 14 15 3.42.030. Exemptions. A. Nothing in this Chapter shall be construed as irnposing a tax upon any person when 16 irnposition of such tax upon that person would bc in violation of either the Constitution of the United 17 States or the Constitution of the State of California. 18 B. The tax irnposed by this Chapter shall not be levied upon thc federal governrnent, the 19 state governrncnt, any state agency, or any local governrnental agency, when irnposition of such tax 20 would bc in violation of either the Constitution of the United States or the Constitution of the State 21 of California. 22 c. The tax irnposed by this Chapter shall not be levied upon a parcel of property or 23 irnprovernent to property which is owned by a housc of worship or cornrnunity service organization 24 which qualifies for an exernption frorn ad valorern taxation for said parcel or irnprovernent under 25 California law. 26 D. The tax irnposed by this Chapter shall not be levied upon any person if such person 27 receives an cxernption frorn the Service Uscr's Tax irnposed by Chapter 3.44 ofthe San Bernardino 28 Municipal Code. ] EXHIBIT "A" 2003-210 2 3 4 5 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. E. The tax irnposed by this Chapter shall not be levied upon any owner of a parcel 6 containing one single farnily residence for that parcel or upon any owner of a residential unit in a 7 residential condorniniurn project for that unit if: I) either of such owners is 62 Y2 years of age or 8 older and the annual gross incorne of the household for either of such owners does not exceed the 9 annual gross incorne level for sixty percent (60%) of the Median lncorne Lirnit based upon the 10 nurnber of persons in a household as published annually in the U.S. Departrnent of Housing and II Urban Developrnent (HUD) Horne Prograrn Incorne Lirnits for the Riverside-San Bernardino 12 Prirnary Mctropolitan Statistical Area, with the addition of the following arnounts to the 13 corresponding incorne levels: Farnily Size of I - $5,000.00, and Farnily Size of 2 or morc - 14 $10,000.00, and, 2) either of such owners has applied for an exernption frorn said tax based on these 15 provisions and said exernption application has been approved by the City. All such exemption 16 applications rnust be filed on forrns furnished, and in the rnanner prescribed by the City Treasurer. 17 F. The tax irnposed by this Chapter shall not be irnposed on any owner of a parcel 18 containing one single farnily residence for that parcel or upon any owner of a residential unit in a 19 residential condorniniurn project for that unit if: I) either of such owners rneets the criteria of 20 disability by the Social Security Adrninistration's Supplernental Income prograrn for the Aged, Blind 21 and Disabled (Title XVI of the Social Security Act, as arnended), and, 2) either of such owners has 22 applied for an exernption frorn said tax based on these provisions and said exernption application 23 has been approved by the City. All such exernption applications rnust be filed on forrns furnished, 24 and in the rnanner prescribed by the City Treasurer. 25 26 3.42.040. Special Tax. A. There is hereby irnposed a special tax on each residential parcel or dwelling unit, or 27 non-residential parcel within the City of San Bernardino for the purposes set forth in this Chapter 28 at the rate specified herein. 4 EXIIIBIT "A" 2003-210 I AN ORDINANCE OFTHE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO- THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 2 3 4 5 B. This tax is enacted under the authority of Section 41 ofthe Charter ofthe City of San 6 Bernardino, other authority held as a charter city, and, independently thereof, under the authority of 7 California Government Code Sections 50075-50077.5. 8 3.42.050. Findings and Declarations. 9 A. Importance of the Library to the quality of life for San Bernardino Residents. 10 Since 1905, San Bernardino has rnaintained an excellent Free Public Library for its residents II as provided by Article XII of the Charter of the City of San Bernardino. The Library is an essential 12 partner in the educational, social and recreational well-being of San Bernardino's residents and 13 provides services at Norrnan Feldheyrn Central Library and three branch libraries: Villasenor Library, 14 Inghrarn Library and Rowe Library. The rnission ofthe Library is to provide free access to the world 15 of ideas, inforrnation and creative experience for all citizens of San Bernardino. The Library is a 16 highly regarded educational and cultural center where the people of San Bernardino corne together 17 to learn and participate in public discoursc. Thc Library aids the cornrnunity in the creation of 18 inforrned and cdueatcd citizenry and provides opportunities for free lifelong learning and econornic 19 irnprovernent. 20 The Library has a strong connection to the rnaintenance of a healthy farnily cornrnunity due 21 to its tangible presence in San Bernardino's neighborhoods. The presence of branch libraries adds 22 a special quality to the neighborhoods of San Bernardino and rnakes a visible staternent regarding 23 the irnportance of reading and learning. In addition to fulfilling their traditional library role, the 24 branch libraries serve as rneeting places for cornrnunity groups, gathering places for farnilies and 25 provide valuable support to other cornrnunity institutions such as schools, business and cultural 26 associations. The languages spoken in the neighborhood are reflected in the branch library 27 collections, the needs of the neighborhood are recognized in the special rnaterials and prograrnrning 28 offcrcd at thc branch libraries, and the quality oflife in the neighborhood is enhanced because of the 5 [XIIIHIT "A" 2003-210 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 4 5 branch library's presence. Thc branch libraries represent a safe haven in our neighborhoods. The 6 Library works steadfastly with neighborhood schools to raise the level ofliteracy in the cornrnunity. 7 For these reasons, thc entire Library systern, including all branch libraries, rnust be assured 8 through a funding rnechanisrn which provides a stable sourcc offunding for the entire systern. 9 Without a change in the uncertain and unstable process the budget has becorne, the Library 10 is at considerable risk of a drarnatic change in its ability to consistently otfer the quality and level ] ] of service which the citizens of San Bernardino so highly value, and the result is an unacceptable 12 deterioration in the quality oflife for all San Bernardino residents. The tax rate classification systern 13 adopted in this Ordinance appropriately meets the objective of designing a taxing schcrne which 14 relates the arnount of the tax to the bcnefits received frorn the Library by the person paying the tax, 15 and incorporates the elernent of ability to pay into the tax rates. 16 3.42.060. Purpose. 17 A. The purpose of this special tax is to provide funds to the City to pay only the 18 following: 19 1. One-half of the annual debt service on the bond used 20 to construct the Feldheyrn Library, or $333,] 50.00 21 22 23 24 per year for each of the next 10 years, whichever arnount is less; and 2. Maintenance and operations costs of the Library. B. The City Council rnay provide for the collcction of the special tax in the sarne rnanner 25 and subject to the sarne penalties as, or with, other charges and taxes fixed and collected by the City, 26 or by the County of San Bernardino on behalf of the City of San Bernardino. Notwithstanding the 27 provisions of this section and Section 3.42.]40, if the special tax is collected by the County on 28 behalf ofthc City, the County rnay recover its reasonable costs incurred for such servicc frorn the 6 F:XIIIIHT "A" 2003-210 2 AN ORDINANCE OFTHE CITY OF SAN BERNARDINO ADDING CHAPTER3.42 TO THE SAN BERNARDINO MUNICIP AL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 3 4 5 "Library Special Tax Fund." 6 7 3.42.070. Special Fund. A. There is hereby established a special fund entitled "Library Special Tax Fund" 8 (hercinaftcr thc "spccial fund"). Money collected pursuant to this Chapter shall be deposited into 9 said special fund and shall be used cxclusively as provided in this Chapter for the purposes for which 10 the tax is irnposed, and for no other purposes. Nothing in this section shall prevent disbursernents II frorn this special fund to reirnburse the General Fund if, and only if, in fiscal ycar 2013-2014, the 12 tenth and last year that this tax can be irnposed by this ordinance, the annual debt scrvice has been 13 advanced for that fiscal year frorn thc General Fund to pay for said annual debt service as provided 14 for in Section 3.42.060A.I of this Chapter. 15 B. Any rnoney raised by the special tax, including any interest accrued thereon, that 16 rcrnains unspent at the end of any fiscal year rnay only be used in a succeeding fiscal year for the 17 purposes stated in this Chapter. 18 19 3.42.080. Tax Rate. A. Subject to Section 3.42.030, an annual special tax is hereby levied on the following 20 classifications of property in the City: 21 1. $20.00 on cach parcel containing one single farnily residence and $20.00 for 22 each residential unit in a residential condorniniurn project; 23 2. $13.00 on cach residential unit per parcel for all other residentially-used or 24 dcsignated parcels; 25 3. $50.00 on each parcel of non-residentially-used or designated property in the 26 City; 27 28 III 4. If a parcel falls within rnore than one category, the higher tax shall be levied. J EXHIBIT "A" 2003-210 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 3 4 5 B. The annual special tax provided for hcrcin shall not be levied in any fiscal year for 6 which the City Council shall not havc appropriated, as Maintenance and Operations Costs for the 7 Library, a rninirnurn arnount ("Required Amount") calculated as follows: 8 1. In fiscal year 2004-2005, the first fiscal year pursuant to Section 3.42.090, the 9 City Council shall appropriate the arnount of $2,110,300.00 ("Required Arnount" for fiscal year 1 0 2004-2005) to the Library for rnaintenance and operations costs of the Library for that fiscal year, 11 and this will result in the subsequent levying of the special tax in fiscal year 2004-2005. The 12 Rcquired Arnount of$2,110,300.00 in fiscal year 2004-2005 represents the total arnount proposed 13 to be appropriated by the City for the Library for rnaintenance and operations costs of the Library 14 for the 2003-2004 fiscal year as contained in the City of San Bcrnardino 2003-2004 Prelirninary 15 Detail Budget, after subtracting $666,300.00 for the debt service on the library bond to construct 16 Feldheyrn Library and after subtracting an additional $300,000.00 (Said $300,000.00 represents a 17 five year average of the funds rnade available to the Library frorn sources other than the City's 18 annual contribution; rounded off to thc nearest one hundred thousand dollars); 19 2(a). In fiscal year 2005-2006, the second fiscal year pursuant to Section 3.42.090, 20 the City Council shall appropriate the Requircd Arnount for the prior fiscal year, index cd as 21 prescribed in the next sentence, but not less than an arnount equal to $2,110,300.00, and this will 22 result in the subsequent levying of the special tax in fiscal year 2005-2006. Indexing shall be donc 23 for each ofthe second through the tenth fiscal years using the consurner price index prepared by the 24 Bureau of Labor Statistics of the United States Governrnent for all urban consurners for the Los 25 Angelcs-Riverside-Orange County statistical area, or any succcssor index, to reflect changcs in such 26 index during the 12 rnonths which cnded on the March 1 preceding each such fiscal year; the cost 27 ofliving increase/dccrease shall cause the previous year's Required Arnount to be adjusted pursuant 28 to that index, except, in no year shall the Requircd Arnount be less than $2,1 10,300.00; 8 EXIIIBIT "A" 2003-210 2 3 4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPRO V AL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 5 2(b). The Required Arnount of$2, 11 0,300.00 assurnes that $100,000.00 will be 6 received frorn the State of California as "State Aid - Libraries." If in any fiscal year the arnount 7 8 rcccivcd as "Statc Aid - Libraries" exceeds $100,000.00, the arnount in excess of$1 00,000.00 shall also be appropriated by the City to the Library for the Library's cxclusive use and the City shall not 9 10 factor in nor be credited for that excess arnount in deterrnining the Required Arnount in such fiscal ycar; II 3. In the third fiscal year, an amount equal to the Required Arnount for the prior 12 fiscal year, indexed as prescribed in subparagraphs 2 above, but not less than an arnount equal to 13 $2,110,300.00, indexed annually cornrnencing with the second fiscal year in which the special tax 14 is levied, as prescribed in subparagraphs 2 above; 15 4. In the fourth fiscal year, an arnount equal to the Required Arnount for the prior 16 fiscal year, whether appropriated or not, indexed as prescribed in subparagraphs 2 above, but not 17 less than an arnount equal to $2,110,300.00, indexed annually cornrnencing with the second fiscal 18 year in which the special tax is levied, as prescribed in subparagraphs 2 above; 19 5. In the fifth fiscal year, an arnount equal to the Requircd Arnount frorn the prior 20 fiscal year, whcthcr appropriated or not, indexed as prcscribcd in subparagraphs 2 above, but not 21 less than an arnount equal to $2,110,300.00, indexed annually cornrnencing with the second fiscal 22 year in which the special tax is levied, as prescribed in subparagraphs 2 above; 23 6. In the sixth fiscal year, an arnount equal to the Required Arnount for the prior 24 fiscal year, whether appropriated or not, indexed as prescribcd in subparagraphs 2 above, but not 25 less than an arnount equal to $2,110,300.00, indexed annually cornrnencing with the second fiscal 26 year in which the special tax is levied, as prescribed in subparagraphs 2 above; 27 7. In the seventh fiscal year, an arnount equal to the Required Arnount for the 28 prior fiscal year, whether appropriatcd or not, indexed as prescribed in subparagraphs 2 above, but " .:XIIIBIT "A" 2003-210 2 3 AN ORDINANCE OFTHE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 4 5 not less than an arnount equal to $2,110,300.00, indexed annually cornrnencing with the second 6 fiscal year in which the special tax is levied, as prescribed in subparagraphs 2 abovc; 7 8. In the eighth fiscal year, an arnount cqual to the Required Arnount for the prior 8 fiscal year, whether appropriated or not, indexed as prescribed in subparagraphs 2 above, but not 9 less than an arnount equal to $2,110,300.00, indexed annually cornrnencing with the second fiscal 10 year in which the special tax is levied, as prescribed in subparagraphs 2 above; 11 9. In the ninth fiscal year, an arnount equal to thc Required Amount for the prior 12 fiscal year, whether appropriated or not, indexcd as prescribed in subparagraphs 2 above, but not 13 less than an arnount equal to $2,110,300.00, indexed annually cornrnencing with the second fiscal 14 year in which the special tax is lcvied, as prescribed in subparagraphs 2 above; 15 10. In the tenth fiscal year, an arnount equal to the Required Arnount for the prior 16 fiscal year, whether appropriatcd or not, indexed as prescribed in subparagraphs 2 above, but not 17 less than an arnount equal to $2, II 0,300.00, indexed annually cornrnencing with the second fiscal 18 year in which the spccial tax is levied, as prescribed in subparagraphs 2 above. 19 C. If at any tirne following the levy of a special tax for a fiscal year, the arnount finally 20 appropriated as Maintenance and Operations Costs for the Library by the City for such fiscal year 21 is 1css than the Required Arnount for such fiscal year, thcn no annual special tax shall be levied in 22 the irnrncdiately following fiscal year. In no event shall the failure to levy the Library Special Tax 23 extend the Library Spccial Tax beyond the stated expiration date herein. 24 D. The City Council shall rc-evaluate the Library Special Tax no later than 2012 for the 25 purpose of deterrnining whether the Library can be fully funded by the City at the level of service 26 set forth in this ordinance. 27 E. The tax established herein shall be indexed annually by June 1 st of each year in 28 accordance with the increase or decrcase in the consurner price index. Indexing shall be done by ]() EXHIBIT "A" 2003-210 2 3 4 AN ORDINANCE OFTHE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42 TO THE SAN BERNARDINO MUNICIP AL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO-THIRDS OFTHE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 5 June 1st of each of the nine fiscal years after the first fiscal year using the consurner price index for 6 all urban consurners for the Los Angeles-Riverside-Orange County statistical area to reflect changes 7 in such index during the 12 rnonths which ended the preceding March 1. 8 3.42.090. Term. 9 The annual special tax provided for herein shall be levied in the first two fiscal years. 10 cornrnencing in fiscal year 2004-2005, and rnay be levicd in any or all of the eight fiscal ycars 11 thereafter, cornrnencing with fiscal year 2006-2007 and ending in fiscal year 2013-2014. Such levy 12 rnay only be extended with the approval of the voters by two-thirds ofthe votes cast by voters voting 13 upon such a change at a rnunicipal election called for that purpose. 14 15 3.42.100. Adjustments and Refunds. A. Requests for adjustrnents involving irnposition ofthis tax rnay be filed with the City 16 Treasurer. Upon sufficient evidence of error in thc cornputation of the tax, the City Treasurer or 17 hislher designee shall cause the tax to be recalculated, and shall so advise the San Bernardino County 18 Tax Collector or othcr appropriate official. 19 B. Whenever it is alleged that the arnount of any tax has been ovcrpaid or paid rnore than 20 once or has bcen erroneously or illegally collectcd or received by the City under this Chapter the 21 refund procedure shall be as follows: 22 1. No clairn for refund oftax payrnent shall be allowed in whole or in part unless 23 filed with the Office of the City Treasurer within a period of three years frorn the date of the clairned 24 overpayrnent. This includes clairns for refund oftax payment due to failure to previously filc and 25 have approved an exernption application pursuant to Sections 3.42.030 E. and 3.42.030 F. All such 26 claims for refund of the arnount of the overpayment rnust be filed on forrns furnished, and in the 27 rnanner prescribed by the City Trcasurer. Refunds rnay be rnadc solely frorn the Library Special Tax 28 Fund; II EXHIBIT "A" 2003-210 2 AN ORDINANCE OF THE CITV OF SAN BERNARDINO ADDING CHAPTER 3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPRO V AL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 3 4 5 2. In the event the City Trcasurer denies the clairn, helshe shall notify the 6 clairnant pursuant to CalifcJrnia Governmenl Code Section 913, or its successor Code or Section. 7 c. The City Treasurer shall have the power to settle clairns involving the special tax, and 8 the power to accept and record underpayrnents or overpayrnents of such tax. The City Treasurer 9 shall have the authority to rnake refunds of this tax. 10 D. If the County of San Bernardino does not collect any tax due under this Chapter, then II the City Treasurer or hislher designee shall have the power and duty to cnforce all of the provisions 12 of this Chapter. In such cascs an assessrnent may be made against the owner of a parcel and 13 improvernents in the rnanner provided by law. Any unpaid tax due under this Chapter shall be 14 subject to all renlldies provided by law. 15 16 17 18 19 20 21 22 E. The special tax shall be due in two equal installrnents in accordance w;th the collection procedures of thc San Bernardino County Tax Collector with the first installrnent due Novernber I, and ,he second installrncnt due the next succeeding February I, in each fiscal ycar. The owner of the land, or land and irnprovernents, at thc tirne set forth in California Revenue and Taxation Code Sections 405 and 2192, or their successor Codes andlor Sections, for each fiscal year, shall have a personal obligation to the City of San Bernardino until the tax is paid for each fiscal year. 3.42.110. Severability. 23 If any section, subsection, part, clause, sentence or phrase of this article or the application 24 thereof is for any reason held to be invalid or unconstitutional by the decision of any court of 25 cornpetentjurisdiction, the validity of the rernaining portions of the article, the application thercof, 26 and the tax irnposed shall not be affected thereby, but shall rernain in full force and effect, it being 27 the intention of the voters to adopt each and every section, subscction, part, clause, sentence or 28 phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the 12 I':XIIIBIT "A" 2003-210 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL T AX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 3 4 5 application thereof is held to be invalid or unconstitutional. 6 7 3.42.120. Effective Date. 1. This ordinance, which levies the special tax described therein, shall be subrnitted to 8 the voters of the City of San Bernardino at a Special Election to be held on Novernbcr 4,2003. The 9 taxes determined and proposed by this ordinance for levy tor the ten (10) fiscal years beginning on 10 and after July 1, 2004, shall be levied only if this ordinance is approved by a vote of not less than 11 two-thirds ofthe votes cast by the voters voting on the special tax proposal set forth in the ordinance. 12 jfthe ordinance is approved by the requisite nurnber of votes, Chapter 3.42 shall henceforth and 13 thereafter be considered a part of the San Bernardino Municipal Code. 14 2. The questions of whether this ordinance shall be added to the San Bernardino 15 Municipal Code as provided herein shall be subrnitted to the electors of the City of San Bcrnardino 16 pursuant to California law regarding special taxcs. Said election shall be called, authorized and 17 providcd for in a rnanner provided by law. 18 19 3.42.130. Annual Report. A. At least once a year after the first fiscal year in which the special tax is levied, and 20 for each year thereafter in which such special tax is levied, thc City Treasurer shall file an annual 21 report with the City Council containing both of the lollowing: 22 23 24 25 1. 2. The arnount of funds collected and cxpended; and The status of eithcr use required/authorized to be funded as identified in Section 3.42.060 above. 3.42.140. Exclusive Use of Library Special Tax Funds. 26 Under no circurnstances shall any rnonies in the Library Special Tax Fund be used for any 27 purpose other than rnaintenance and operation costs of the Library and payrnent of one-half of the 28 annual debt service on the bond used to construct the Feldheyrn Library, or $333,150.00 per year for 13 EXIIIDIT "A" 2003-210 2 3 4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A LIBRARY SPECIAL TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE APPRO V AL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE PROPOSAL WITHIN THE CITY OF SAN BERNARDINO. 5 each of the next ten (10) years, whichever arnount is less. 6 SECTION 2. This Ordinance shall not becorne effective unless it is approved by two-thirds 7 of the voters of the City of San Bernardino at a Special Election held on Novernber 4, 2003 and, if 8 approved, shall be in effect only for the levying of such taxes for ten (10) fiscal ycars cornrnencing 9 July 1, 2004 and ending June 30, 2014. 10 SECTION 3. This Ordinance shall not be arnended or repealed during said ten (10) fiscal 11 year terrn unless such arnendrnent or repeal is approved by the required nurnber of voters of the City 12 of San Bernardino at an election called for that purpose. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ]4 EXHIBIT "A"