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HomeMy WebLinkAbout1996-353 1 RESOLUTION NO. 96-353 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE CITY FOR MARCH 18, 3 1997, TO PRESENT A SPECIAL POLICE AND FIRE PROTECTION TAX TO THE VOTERS FOR THEIR APPROVAL 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recitals. 7 (a) California Constitution, Article XIIIA, 94, and Article XIIIC, 92(d) , and 8 Government Code 954978, allow the imposition of a special tax for police and fire protection 9 services subject to the approval of % of the voters, 10 (b) Pursuant to this authority, the Mayor and Common Council have adopted 11 Ordinance No. Me-985 ,subject to the approval of % of the voters, 12 (c) The Mayor and Common Council have adopted Resolution No. 96-352 submitting 13 this special tax to the voters of the City. 14 SECTION 2. Special Municipal Election Called. A special municipal election is called 15 and will be held in the City of San Bernardino on Tuesday, March 18, 1997, for the purpose of 16 submitting to the qualified electors of the City, for their approval or disapproval, the ordinance 17 proposing a special tax for police and fire protection, set forth in Exhibit "A", attached hereto. 18 SECTION 3. Measure, The measure to be voted on at the special municipal election as 19 it is to appear on the ballot shall be as follows: 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 28 DAB/Ibm [SpecTx.Res] 1 1 RESOLUTION... CALLING A SPECIAL ELECTION IN THE CITY FOR MARCH 18,1997, TO PRESENT A SPECIAL POLICE AND FIRE PROTECTION TAX TO THE 2 VOTERS FOR THEIR APPROVAL 3 4 5 6 7 8 9 10 11 12 13 14 MEASURE .S. , SHALL THE CITY OF SAN BERNARDINO ANNUALLY LEVY A SPECIAL TAX FOR POLICE AND FIRE PROTECTION ON PROPERTY WITHIN THE CITY TO REPLACE THE CITY-WIDE STREET SWEEPING AND STREET LIGHTING ASSESSMENT DISTRICT #994 IN ANY FISCAL YEAR IN AMOUNTS NOT TO EXCEED THOSE SPECIFIED IN ORDINANCE NO. Me-98S OF THE CITY OF SAN BERNARDINO WHICH SHALL: A. BE USED ONLY FOR THE POLICE AND FIRE PROTECTION USES SPECIFIED IN THAT ORDINANCE, AND B. MAKE IT A MISDEMEANOR AND PROVIDE FOR REMOVAL FROM OFFICE FOR ANY CITY OFFICIAL, ELECTED OR APPOINTED, TO DIVERT THE TAXES TO ANY OTHER USES, AND C. ALLOW THE CITY ATTORNEY, AND IN CERTAIN CASES, PRIVATE CITIZENS, THE POWER TO BRING A CIVIL ACTION ON BEHALF OF THE CITY TO RETURN ANY DIVERTED FUNDS TO THE PROPER POLICE AND FIRE FUNDS, AND D, ESTABLISH A MINIMUM BASE BUDGET AMOUNT FOR THE POLICE AND FIRE DEPARTMENTS? NO 0 YES 0 The measure shall be designated on the ballot by a letter printed on the left margin of the 15 square containing the description of each of the measures as provided in the Elections Code of the 16 17 18 19 State of California. SECTION 4. Notice of Election, The City Clerk is hereby directed to publish notice of the muncipal election which shall contain the following: a, The date of the election; b. That the last day for receipt of arguments for or against the measure has been 20 21 22 23 24 25 26 27 established as 5:30 p.m, on December 2, 1996, in the City Clerk's Office, 300 N, "D" Street, San Bernardino, California; c. That the last day for receipt of rebuttal arguments is 5:30 p.m. on December 9, 1996, in the City Clerk's Office at the above location, The City Clerk is directed to accept arguments and arrange for sample ballots, which shall include the text of the proposed ordinance establishing the special police and fire protection tax, 28 DAB/Ibm [SpecTx,Res] 2 1 RESOLUTION... CALLING A SPECIAL ELECTION IN THE CITY FOR MARCH 18,1997, TO PRESENT A SPECIAL POLICE AND FIRE PROTECTION TAX TO THE 2 VOTERS FOR THEIR APPROVAL 3 in accordance with Section 306 and Section 9600 et seq, Of the Elections Code. 4 This notice may be combined with a notice of any other special municipal election to be 5 held on the same date, 6 SECTION 5. Conduct of Election. The special muncipal election called by this 7 resolution shall be held in such precincts and at such polling places as shall be determined by the 8 City Clerk, and the City Clerk shall conduct such eleciton in all respects in conformance with the 9 Charter and the ordinances of the City of San Bernardino and with the applicable provisions of 10 the laws of the State of California, 11 I I I 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 I I I 23 III 24 III 25 III 26 III 27 28 DAB/Ibm [SpecTx.Res] 3 1- 1 RESOLUTION... CALLING A SPECIAL ELECTION IN THE CITY FOR MARCH 18,1997, TO PRESENT A SPECIAL POLICE AND FIRE PROTECTION TAX TO THE 2 VOTERS FOR THEIR APPROVAL 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 4 Common Council of the City of San Bernardino at aregu1ar meeting thereof, held on the 18th 5 day of Novemb~l(996, by the following vote, to-wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 NEGRETE x 8 CURLIN x 9 ARIAS x 10 OBERHELMAN x 11 DEVLIN x 12 ANDERSON x 13 MILLER x 14 15 16 17 18 19 n _ / I (1; . ~) \...11 u~ '---U-,<-/,--, ----- Cit) Clerk i The foregoing Resolution is hereby approved thisJ'bl~ day of November, 1996. '/;~1/ltt.;:C,,, Tom Minor, Mayor City of San Bernardino 20 Approved as to form and legal content: 21 JAMES F. PENMAN, 22 City Attorney 1\ 23 By:'k~ /1 25 (/ -; f~,~, 24 26 27 28 DAB/Ibm [SpecTx.Res] 4