HomeMy WebLinkAbout46-City Attorney
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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Resolutions Submitting to the Electors the
Library Relief Act, a ballot measure to help fund the
City's Libraries
Dept: CITY A TIORNEY
Date: June 17,2005
Synopsis of Previous Council Action:
No prior action on this item, but a similar measure placed on the ballot in 2003 failed to pass.
Recommended motion:
RESOLUTION OF TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO PLACING TIlE CITY
OF SAN BERNARDINO LffiRARY RELIEF ACT, TO HELP FUND TIlE CITY'S LmRARIES, ON TIlE BALLOT FOR TIlE
REGULARLY SCHEDULED CONSOLIDATED PRIMARY MUNICIPAL ELECTION OF NOVEMBER 8, 2005; DIRECTION
TO CITY CLERK TO TRANSMIT COPY TO BOARD OF SUPERVISORS OF COUNTY OF SAN BERNARDINO AND TO FILE
A COPY wrm TIlE REGISTRAR OF VOTERS.
RESOLUTION OF TIlE CITY OF SAN BERNARDINO SUBMITTING TO TIlE QUALIFIED ELECTORS OF SAID CITY FOR
TIlEIR APPROVAL TIlE CITY OF SAN BERNARDINO UBRARYRELIEF ACT, TO HELP FUND TIlE CITY'S UBRARIES;
TRANSMISSION OF TIlE PROPOSED BALLOT MEASURE TO TIlE OFFICE OF TIlE CITY ATTORNEY FOR PURPOSES
OF PREPARATION OF AN IMPARTIAL ANALYSIS.
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
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Agenda Item No.~f:>.G It~
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STAFF REPORT
Council Meeting Date: June 20, 2005
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
June 17,2005
Resolutions submitting to the electors the Library Relief Act, a ballot measure
to help fund the City's libraries (Agenda Item #46)
The topic of a special tax being voted upon by the voters of the City of San Bernardino for
the specific purpose of helping fund the City's libraries has been raised on prior occasions. A
measure placed on the ballot in 2003 failed to pass on a vote of 4935, "yes" to 4548, "no." A 213rds
"yes" vote is required to approve this special tax.
The City currently operates and assists in the funding of four separate libraries as part of the
library system which serves the various and diverse populations of its neighborhoods. Because of
the need to continue these important services, the Library Relief Act (the, "Act") is being presented
for your consideration. The Act is identical to the 2003 measure, except for some minor
modifications concerning the amount of funds that will be allocated by the City as set forth in the
2005-2006 preliminary budget, and the amount of funds that are received for other sources, including
State Aid.
Two resolutions are presented for consideration. The first resolution would submit to the
voters an ordinance, the Act, which would impose a library special tax for eight years to help fund
the City's libraries. The second resolution requests the County of San Bernardino to place the Act
on the ballot for the November 8,2005 regularly scheduled consolidated primary municipal election.
The Mayor and Common Council are not voting on the ordinance. The Mayor and Common
Council are voting on two resolutions to place the ordinance before the voters and let them decide
the issue. If the Act is approved at the November 8, 2005 regularly scheduled consolidated primary
municipal election by at least a two-thirds vote of the voters so voting, the voters will have spoken
and the Act can only be amended or repealed by the voters at another election called for that
purpose. If the Act does not receive the approval of at least two-thirds of the voters so voting, it will
be disapproved since the ordinance proposes a special tax for a specific purpose and requires, by the
State Constitution, approval by said two-thirds vote.
The following is a summary of the salient provisions of the Act, which if approved by the
voters would be known as "City of San Bernardino Library Relief Act."
An annual special tax would be levied for each of the next eight fiscal years only,
DHCljs [Ubrary\Library ,Relief.Act.Staff.Report]
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commencing with fiscal year 2006-2007, in the following manner:
1. $20.00 on each parcel containing one single family residence and $20.00 for each
residential unit in a residential condominium project;
2. $13.00 on each residential unit per parcel for all other residentially-used or
designated parcels;
3. $50.00 on each parcel of non-residentially-used or designated property in the City;
4. If a parcel falls within more than one category, the higher tax shall be levied.
The special tax would be indexed annually by June 1 st of each of the eight fiscal years after
the first fiscal year in accordance with the increase or decrease in the cost of living. Indexing shall
be based on the consumer price index for all urban consumers for the Los Angeles-Riverside-Orange
County statistical area to reflect changes on such index during the 12 months which ended the
preceding March 1.
There are six exemption categories to which this tax would not apply at all. Of note are the
following three:
1. The tax would not be levied upon any person if such person receives an exemption
from the Utility Service User's Tax imposed by Chapter 3.44 of the San Bernardino
Municipal Code. The exemption is based on the annual gross income at the
household in which one person, a married couple, or a family, lives as determined by
the Common Council.
2. The tax would not be levied upon any owner of a parcel containing one single family
residence for that parcel or upon any owner of a residential unit in a residential
condominium project for that unit if either of such owners is 62Y2 years of age or
older and the annual gross income of the household for either of such owners does
not exceed the annual gross income level for sixty percent (60%) of the Median
Income Limit based upon the number of persons in a household, as published
annually in the U.S. Department of Housing and Urban Development (HUD) Home
Program Income Limits for the Riverside-San Bernardino Primary Metropolitan
Statistical Area, with the addition of the following amounts to the corresponding
income levels.
Family Size of 1
Family Size of 2 or more
$5,000.00
$10,000.00
[See Exhibit A]
DHCljs [Ubrary\Ubrary,Relief.Act.Staff.Report]
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3. The tax would not be levied upon any owner of a parcel containing one single family
residence for that parcel or upon any owner of a residential unit in a residential
condominium project for that unit if either such owner meets the criteria of disability
by the Social Security Administration's Supplemental Income program for the Aged,
Blind and Disabled (Tax XVI of the Social Security Act, as amended).
Exemption categories 2 and 3 require the affected owner(s) to submit an application to the
City seeking the exemption. In order to receive the exemption in category 1, an application is
already required. The ordinance also contains provisions to address adjustments and refunds if any
person feels that he/she has paid more tax than required by the ordinance.
This special tax, which would be levied for only eight years, would provide funds to the City
to pay for only the following:
1. One-half of the annual debt service on the bond used to construct the Feldheym
Library, or $332,400 per year for each of the next eight years, whichever amount is
less; and
2. Maintenance and operations costs of the Library (which is defined as "the San
Bernardino Public Library system and each of the branches thereof as the same may
exist from time to time, together with any additions or betterments thereto, or
improvements, extensions or expansions thereof')
The money collected from this special tax would be deposited into a special fund entitled
"Library Relief Act Fund" and must be used exclusively as provided in the ordinance for the
purposes for which the tax is imposed, and for no other purposes. If the special tax is collected by
the County of San Bernardino on behalf of the City, the County may recover its reasonable costs
incurred for such service from this Fund. Currently, the County charges the City a total of $150.00
annually to set up an account for such levy to be placed on all property tax bills. Any money raised
by the special tax, including any interest accrued thereon, that remains unspent at the end of any
fiscal year may only be used in a succeeding fiscal year for the purposes stated in the ordinance.
The special tax can only be levied in a given fiscal year if the City Council has appropriated
for that fiscal year, as Maintenance and Operations Costs for the Library, the minimum amount of
money of $2,358,400.
The library's total budget for FY 2005/2006 is $2,758,400. It consists of $2,603,800
appropriated for the library by the City plus $154,600 projected library revenue (funds from
additional sources other than the general fund).
However, due to future anticipated State cuts in the Public Library Fund, library revenue is
expected to decrease in the subsequent fiscal years to $100,000. Therefore, when projecting library
revenue for subsequent fiscal years, it is necessary to reduce those projections to $100,000 which
DHC/js [LibraryILibrary ,Relief.Act.StaflReport]
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represents an estimate of the eight year average of funds that may be available from additional
sources other than the general fund. Because the estimated revenue to be raised by this tax is
approximately $1.6 million, the general fund burden will be reduced by an additional $300,000.
Thus, the minimum amount of money the City Council must appropriate for any given year in order
for the tax to be levied, is $2,358,400.
In the second and succeeding fiscal years in which the special tax is levied, in order for the
special tax to in fact be levied, the City Council must appropriate as Maintenance and Operations
Costs for the Library an amount of money equal to the prior fiscal year amount which would have
resulted in the levying of the special tax that prior fiscal year (referred to as the "Required Amount"
in that prior fiscal year), and must appropriate as Maintenance and Operations Costs for the Library
an amount of money equal to the percentage increase/decrease as determined and derived from the
consumer price index prepared by the Bureau of Labor Statistics of the United States Government
for all urban consumers for the Los Angeles-Riverside-Orange County statistical area, or any
successor index, to reflect changes in such index during the 12 months which ended on the March
1 preceding each such fiscal year. The cost ofliving increase/decrease will cause the previous years's
Required Amount to be adjusted pursuant to this index, except, in no year shall the Required Amount
be less than $2,358,400.
The Required Amount of $2,358,400 assumes that $70,000 will be received from the State
of California as "State Aid - Libraries." If in any fiscal year the amount received as "State Aid-
Libraries" exceeds $70,000, the amount in excess of $70,000 shall also be appropriated by the City
to the Library for the Library's exclusive use and the City shall not factor in nor be credited for that
excess amount in determining the Required Amount in such fiscal year.
The ordinance if approved by the voters, requires the City Council to appropriate the
Required Amount for the first two fiscal years it is in effect; 2006-2007 and 2007-2008. This will
result in the special tax being levied in these first two fiscal years.
If at any time following the levy of a special tax for a fiscal year, the amount finally
appropriated as Maintenance and Operations Costs for the library for such fiscal year is less than
that which is required for the levying of the special tax, then no annual special tax shall be levied in
the immediately following fiscal year. In no event shall the failure to levy the special tax extend
such tax beyond the designated eight-year period (July 1, 2006 - June 30, 2014).
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Exhibit "A"
LIBRARY TAX EXEMPTIONS INCOME LIMITS
(As referenced on Pages 3-4 of the Ordinance)
HouseholdIFamily Size Persons Exempt From Persons 62-112 Years Disabled Persons Under The Social
Service User's Tax (Yearly) of Age Or Older Security Administration's
(Yearly) Supplemental Income Program For
Aged, Blind And Disabled
1 $23,3501 $28,35OZ Determined on a case by case basis by the
Federal Government based upon earned
and unearned income and exclusions of
the same
2 $26,7001 36,700' Same as above
3 $30,0501 $4O,05Q3 Same as above
4 33,4001 $43,400' Same as above
5 $36,0501 $46,05Q3 Same as above
6 $38,7501 58,75Q3 Same as above
7 $41,4001 $51,400' Same as above
8 44,1001 $60,38Q3 Same as above
160% of the Median Income Limit by HouseholdIFamily as published by the U.S. Department of
Housing and Urban Development for Home Program Income Limits for the Riverside-San Bernardino
Primary Metropolitan Statistical Area.
260 % of the Median Income Limit by HouseholdIFamily as published by the U.S, Department of
Housing and Urban Development for Home Program Income Limits for the Riverside-San Bernardino
Primary Metropolitan Statistical Area, plus an additional $5,000.
360% of the Median Income Limit by HouseholdIFamily as published by the U.S. Department of
Housing and Urban Development for Home Program Income Limits for the Riverside-San Bernardino
Primary Metropolitan Statistical Area, plus an additional $10,000.
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RESOLUTION NO,
~~~y
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO PLACING THE CITY OF SAN BERNARDINO LIBRARY RELIEF ACT,
TO HELP FUND THE CITY'S LIBRARIES, ON THE BALLOT FOR THE REGULARLY
SCHEDULED CONSOLIDATED PRIMARY MUNICIPAL ELECTION OF NOVEMBER
8, 2005; DIRECTION TO CITY CLERK TO TRANSMIT COPY TO BOARD OF
SUPERVISORS OF COUNTY OF SAN BERNARDINO AND TO FILE A COpy WITH THE
REGISTRAR OF VOTERS.
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 may submit to the voters, without a petition therefor, a proposition for the
repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or
special city election.
B. Pursuant to Article xmc ~2(d) of the Constitution of the State of California, a
special tax must be submitted to the electorate of the local jurisdiction and approved by a two-thirds
vote.
c.
Pursuant to this authority, the Mayor and Common Council have adopted Resolution
submitting to the voters of the City of San Bernardino for their approval or
17 No.
disapproval "The City of San Bernardino Library Relief Act," if approved by the voters, would
impose a special tax for eight years to help fund the City's libraries.
SECTION 2. Re,ularlv Scheduled Consolidated Primary Municival Election. A
regularly scheduled consolidated primary municipal election will be held in the City of
San Bernardino on Tuesday, November 8, 2005, for the purpose of submitting to the qualified
electors of the City, for their approval or disapproval, the ordinance as set forth in Exhibit "A"
attached hereto.
SECTION 3. Measure. The measure to be voted on at the regularly scheduled consolidated
primary municipal election as it is to appear on the ballot shall be as follows:
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO PLACING THE CITY OF SAN BERNARDINO LIBRARY RELIEF ACT,
TO HELP FUND THE CITY'S LIBRARIES, ON THE BALLOT FOR THE REGULARLY
SCHEDULED CONSOLIDATED PRIMARY MUNICIPAL ELECTION OF NOVEMBER
8, 2005; DIRECTION TO CITY CLERK TO TRANSMIT COpy TO BOARD OF
SUPERVISORS OF COUNTY OF SAN BERNARDINO AND TO FILE A COpy WITH THE
REGISTRAR OF VOTERS.
MEASURE
[ ]
[ ]
YES
NO
Shall the ordinance entitled the "City of San
Bernardino Library Relief Act," approving a
special tax and adding Chapter 3.42 to the San
Bernardino Municipal Code be approved by the
voters to help fund the City's libraries?
The measure shall be designated on the ballot by a letter printed on the left margin of the
square containing the description of the measure as provided by law.
SECTION 4. Canvass of Returns. The Registrar of Voters of the County of
San Bernardino is hereby authorized to canvass the returns of the regularly scheduled consolidated
primary municipal election so called and to conduct the regularly scheduled consolidated primary
municipal election in all respects as if there were only one election with only one form of ballot.
Results of the regularly scheduled consolidated primary municipal election shall be certified to the
Mayor and Common Council of the City of San Bernardino.
SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice of
the regularly scheduled consolidated primary municipal election which shall contain the following:
A. The time of the election;
B. The hours the polls will be open;
C. That the last day for receipt of primary arguments for or against the measure has been
established as 5:00 p.m. on August 19,2005, in the City Clerk's Office, Second Floor, City Hall, 300
26 North "D" Street, San Bernardino, California;
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D.
That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 26, 2005,
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO PLACING THE CITY OF SAN BERNARDINO LIBRARY RELIEF ACT,
TO HELP FUND THE CITY'S LIBRARIES, ON THE BALLOT FOR THE REGULARLY
SCHEDULED CONSOLIDATED PRIMARY MUNICIPAL ELECTION OF NOVEMBER
8, 2005; DIRECTION TO CITY CLERK TO TRANSMIT COpy TO BOARD OF
SUPERVISORS OF COUNTY OF SAN BERNARDINO AND TO FILE A COpy WITH THE
REGISTRAR OF VOTERS.
in the City Clerk's Office at the above location.
E. The text of the measure.
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The City Clerk is directed to make arrangements to accept arguments and to arrange for
sample ballots, in accordance with the appropriate sections ofthe California Elections Code, which
shall include the entire text of the ordinance to be approved or disapproved by the voters which, if
approved by the voters, would impose a special tax for eight years to help fund the City's libraries.
This notice may be combined with a notice of any other municipal election to be held on the same
date.
SECTION 6. Conduct of Election. The regularly scheduled consolidated primary
municipal election so called shall be held in such precincts and at such polling places as shall be
determined by the Registrar of Voters of the County of San Bernardino. The Board of Supervisors
17 of the County of San Bernardino is hereby requested to issue instructions to the Registrar of Voters
18 to take all steps necessary for the holding of the regularly scheduled consolidated primary municipal
19 election.
20 SECTIONS. Filinl!ofResolution. The City Clerk of the City of San Bernardino is directed
21 to file a certified copy of this Resolution with the Board of Supervisors of the County of
22 San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
23 I I I
24 III
25 III
26 III
27 III
28 III
0 DHCljs [Library\Lib.Tax,2.reso] 3
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO PLACING THE CITY OF SAN BERNARDINO LIBRARY RELIEF ACT,
TO HELP FUND THE CITY'S LIBRARIES, ON THE BALLOT FOR THE REGULARLY
SCHEDULED CONSOLIDATED PRIMARY MUNICIPAL ELECTION OF NOVEMBER
8, 2005; DIRECTION TO CITY CLERK TO TRANSMIT COPY TO BOARD OF
SUPERVISORS OF COUNTY OF SAN BERNARDINO AND TO FILE A COpy WITH THE
REGISTRAR OF VOTERS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
8 on day of , 2005, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 LONGVILLE
12 MCGINNIS
13 DERRY
14 KELLEY
0 15 JOHNSON
16 MCCAMMACK
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18
CITY CLERK
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The foregoing resolution is hereby approved this _ day of
,2005.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
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RESOLUTION NO.
~~ (0) [P)f
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
QUALIFIED ELECTORS OF SAID CITY FOR THEla APPROVAL THE CITY OF SAN
BERNARDINO LIBRARY RELIEF ACT, TO HELP FUND THE CITY'S LIBRARIES;
TRANSMISSION OF THE PROPOSED BALLOT MEASURE TO THE OFFICE OF THE
CITY ATTORNEY FOR PURPOSES OF PREPARA TION OF AN IMPARTIAL ANALYSIS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recital.
A. Pursuant to Section 9222 of the Elections Code of the State of California, the
legislative body of a city may submit to the voters, without a petition therefor, a proposition for the
repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or
special city election.
B. Pursuant to Article xmc ~2(d) of the Constitution of the State of California, a
special tax must be submitted to the electorate of the local jurisdiction and approved by a two-thirds
vote.
C. Pursuant to this authority, the Mayor and Common Council have adopted this
resolution submitting to the voters of the City of San Bernardino for their approval or disapproval
an ordinance which, if approved by the voters, would impose a special tax for eight years to help
18 fund the City's libraries.
19 SECTION 2. Submittal to Electors. The ordinance attached hereto as Exhibit "A" is
20 submitted to the qualified electors of the City of San Bernardino for their approval or disapproval
21 at the regularly scheduled consolidated primary municipal election to be held on Tuesday,
22 November 8, 2005.
23 SECTION 3. Measure. The measure to be voted on at the regularly scheduled consolidated
24 primary municipal election as it is to appear on the ballot shall be as follows:
25 III
26 III
27 III
11/
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RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL THE CITY OF SAN
BERNARDINO LIBRARY RELIEF ACT, TO HELP FUND THE CITY'S LIBRARIES;
TRANSMISSION OF THE PROPOSED BALLOT MEASURE TO THE OFFICE OF THE
CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS.
MEASURE
Shall the ordinance entitled the "City of San
Bernardino Library Relief Act," approving a
special tax and adding Chapter 3.42 to the San
Bernardino Municipal Code be approved by the
voters to help fund the City's libraries?
YES
NO
[ ]
[ ]
The measure shall be designated on the ballot by a letter printed on the left margin of the
square containing the description of the measure as provided by law.
SECTION 4. Transmission of Proposed Ballot Measure Documents. Pursuant to the
Elections Code of the State of California, the City Clerk is hereby directed to transmit a copy of the
ballot measure, and all other necessary documents, to the office of the City Attorney for purposes
of preparation of an Impartial Analysis.
SECTION 5. Filine of Resolution. The City Clerk of the City of San Bernardino is
directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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20 /II
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1 RESOLt1TION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
2 QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL THE CITY OF SAN
BERNARDINO LIBRARY RELIEF ACT, TO HELP FUND THE CITY'S LIBRARIES;
3 TRANSMISSION OF THE PROPOSED BALLOT MEASURE TO THE OFFICE OF THE
CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on
day of
, 2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
CITY CLERK
The foregoing resolution is hereby approved this
day of
.2005.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN.
City Attorney
,-1
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EXHIBIT "A"
ORDINANCE NO. ---.t ~ f)f
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
3 LIBRARY RELIEF ACT TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE
APPROVAL OF TWO- THIRDS OF THE 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. Chapter 3.42 is hereby added to the San Bernardino Municipal Code to read
8 as follows:
9 Chapter 3.42
10 LIBRARY RELIEF ACT
11 Sections:
12 3.42.010 Short Title.
3.42.020 Definitions.
13 3.42.030 Exemptions.
3.42.040 Special Tax.
0 14 3.42.050 Findings and Declarations.
3.42.060 Purpose.
15 3.42.070 Special Fund.
3.42.080 Tax Rate.
16 3.42.090 Term.
3.42.100 Adjustments and Refunds.
17 3.42.110 Severability.
3.42.120 Effective Date.
18 3.42.130 Annual Report.
3.42.140 Exclusive Use of Library Special Tax Funds.
19
20 3.42.010. Short Title.
21 This chapter shall be known and may be cited as the "City of San Bernardino Library Relief
22 Act Ordinance."
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3.42.020.
Definitions.
24 The following words and phrases whenever used in this Chapter shall be construed as defined
25 in this section:
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A.
"B'uildi~g" means any structure having a roof supported by columns or walls, for the
o 27 housing, shelter or enclosure of persons, animals, chattels or property of any kind;
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B.
"Condominium Project" means a condominium as defined in Section 1351
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
LIBRARY RELIEF ACT 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.
Subdivision (f) of the Civil Code. or its successor Code or Section, a community apartment project
as defined in Section 11004 of the Business and Professions Code. or its successor Code or Section,
or a stock cooperative as defined in Section 11003.2 of the Business and Professional Code, or its
successor Code or Section;
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C. "Improvement to property" means a building or other improvement erected on or
affixed to a parcel, excluding parking structures;
D. "Library" means the San Bernardino Public Library system and each of the branches
thereof as the same may exist from time to time, together with any additions or betterments thereto,
or improvements, extensions or expansions thereof;
E. "Maintenance and Operations Costs of the Library" means: (1) all reasonable and
necessary costs spent or incurred by the City for maintaining and operating the Library, calculated
in accordance with generally accepted accounting principles including, but not limited to, all
amounts paid or payable from time to time for books, periodicals, reference materials, research
.
materials, subscription services or other information sources, in whatever form they may take,
operated or utilized by or through the Library, the reasonable expenses of management and repair
and other expenses necessary to maintain and preserve the Library in good repair and working order,
salaries and wages of employees, payments to employees' retirement systems, taxes, if any, fees of
auditors, accountants, attorneys or engineers and insurance premiums;
(2) depreciation, replacement and obsolescence charges or reserves therefor;
(3) costs of capital additions, replacements, betterments, extensions or improvements to
the Library, which under generally accepted accounting principles are chargeable to a capital account
or to a reserve for depreciation; but shall not be construed to mean CQsts to provide support services
to the Library by any other Department of the City;
F. "Parcel" means a unit of real property as shown on the last equalized assessment roll
DHC/js [LibrarylLibrary2.Tax.0rd]
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
LIBRARY RELIEF ACT 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.
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of San Bernardino County.
G. "Required Amount" means the minimum amount which must be appropriated in a
fiscal year by the City as Maintenance and Operations Costs for the Library in order to levy a special
tax in that fiscal year.
H. "State Aid - Libraries" means funds received from the State of California pursuant
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to Title 1, Division I, Part II, Chapter 1.5, Articles 1 - 4 of the Education Code of the State of
California (The Public Library Finance Act of 1982), or any other State law resulting in funds
received from the State for use by the Library, except grants for specific projects or specific services
which are applied for by the Library and received from the State of California.
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3.42.030.
Exemptions.
A.
Nothing in this Chapter shall be construed as imposing a tax upon any person when
imposition of such tax upon that person would be in violation of either the Constitution of the United
States or the Constitution of the State of California.
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B. The tax imposed by this Chapter shall not be levied upon the federal government, the
state government, any state agency, or any local governmental agency, when imposition of such tax
would be in violation of either the Constitution of the United States or the Constitution of the State
of California.
C. The tax imposed by this Chapter shall not be levied upon a parcel of property or
improvement to property which is owned by a house of worship or community service organization
which qualifies for an exemption from ad valorem taxation for said parcel or improvement under
California law.
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D. The tax imposed by this Chapter shall not be levied upon any person if such person
receives an exemption from the Service User's Tax imposed by Chapter 3.44 of the San Bernardino
Municipal Code.
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DHCljs [Library\Library2.Tax.Ord]
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
LIBRARY RELIEF ACT 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 imposed by this Chapter shall not be levied upon any owner of a parcel
containing one single family residence for that parcel or upon any owner of a residential unit in a
residential condominium project for that unit if: 1) either of such owners is 62 Y2 years of age or
older and the annual gross income of the household for either of such owners does not exceed the
annual gross income level for sixty percent (60%) of the Median Income Limit based upon the
number of persons in a household as published annually in the U.S. Department of Housing and
Urban Development (HUD) Home Program Income Limits for the Riverside-San Bernardino
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Primary Metropolitan Statistical Area, with the addition of the following amounts to the
corresponding income levels: Family Size of 1 - $5,000.00, and Family Size of 2 or more -
$10,000.00, and, 2) either of such owners has applied for an exemption from said tax based on these
provisions and said exemption application has been approved by the City. All such exemption
applications must be filed on forms furnished, and in the manner prescribed by the City Treasurer.
F. The tax imposed by this Chapter shall not be imposed on any owner of a parcel
containing one single family residence for that parcel or upon any owner of a residential unit in a
residential condominium project for that unit if: 1) either of such owners meets the criteria of
disability by the Social Security Administration's Supplemental Income program for the Aged, Blind
and Disabled (Title XVI of the Social Security Act, as amended), and, 2) either of such owners has
applied for an exemption from said tax based on these provisions and said exemption application
has been approved by the City. All such exemption applications must be filed on forms furnished,
and in the manner prescribed by the City Treasurer.
3.42.040.
Special Tax.
A. There is hereby imposed a special tax on each residential parcel or dwelling unit, or
non-residential parcel within the City of San Bernardino for the purposes set forth in this Chapter
at the rate specified herein.
DHC/js [LibrarylLibrary2,Tax.Ord]
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
LIBRARY RELIEF ACT 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.
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B. This tax is enacted under the authority of Section 41 of the Charter of the City of San
Bernardino, other authority held as a charter city, and, independently thereof, under the authority of
California Government Code Sections 50075-50077.5.
3.42.050. Findings and Declarations.
A. Importance of the Library to the quality of life for San Bernardino Residents.
Since 1905, San Bernardino has maintained an excellent Free Public Library for its residents
as provided by Article XII of the Charter of the City of San Bernardino. The Library is an essential
partner in the educational, social and recreational well-being of San Bernardino's residents and
provides services at Norman Feldheym Central Library and three branch libraries: Villasenor
Library, Inghram Library and Rowe Library. The mission of the Library is to provide free access
to the world of ideas, information and creative experience for all citizens of San Bernardino. The
Library is a highly regarded educational and cultural center where the people of San Bernardino
come together to learn and participate in public discourse. The Library aids the community in the
creation of informed and educated citizenry and provides opportunities for free lifelong learning and
economic improvement.
The Library has a strong connection to the maintenance of a healthy family community due
to its tangible presence in San Bernardino's neighborhoods. The presence of branch libraries adds
a special quality to the neighborhoods of San Bernardino and makes a visible statement regarding
the importance of reading and learning. In addition to fulfilIing their traditional library role, the
branch libraries serve as meeting places for community groups, gathering places for families and
provide valuable support to other community institutions such as schools, business and cultural
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associations., The languages spoken in the neighborhood are reflected in the branch library
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collections, the needs of the neighborhood are recognized in the special materials and programming
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offered at the branch libraries, and the quality of life in the neighborhood is enhanced because of the
DHCljs [LibrarylLibrary2.Tax.Ord]
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
2 LIBRARY RELIEF ACT TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE
3 APPROVAL OF TWO- THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE
PROPOSAL WITHIN THE CITY OF SAN BERNARDINO.
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branch library's presence. The branch libraries represent a safe haven in our neighborhoods. The
Library works steadfastly with neighborhood schools to raise the level of literacy in the community.
For these reasons, the entire Library system, including all branch libraries, must be assured
through a funding mechanism which provides a stable source of funding for the entire system.
Without a change in the uncertain and unstable process the budget has become, the Library
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is at considerable risk of a dramatic change in its ability to consistently offer the quality and level
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of service which the citizens of San Bernardino so highly value, and the result is an unacceptable
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deterioration in the quality of life for all San Bernardino residents. The tax rate classification system
adopted in this Ordinance appropriately meets the objective of designing a taxing scheme which
relates the amount of the tax to the benefits received from the Library by the person paying the tax,
and incorporates the element of ability to pay into the tax rates.
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3.42.060.
Purpose.
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A. The purpose of this special tax is to provide funds to the City to pay only the
following:
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1. One-half of the annual debt service on the bond used
to construct the Feldheym Library, or $332,400.00
per year for each of the next 8 years, whichever
amount is less; and
2. Maintenance and operations costs of the Library.
B. The City Council may provide for the collection ofthe special tax in the same manner
and subject to the same penalties as, or with, other charges and taxes fixed and collected by the City,
or by the County of San Bernardino on behalf of theCityof San Bernardino. Notwithstanding the
provisions of this section and Section 3.42.140, if the special tax is collected by the County on
behalf of the City, the County may recover its reasonable costs incurred. for such service from the
DHC/js [Library\Library2.Tax.Ord]
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
2 LIBRARY RELIEF ACT TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE
3 APPROVAL OF TWO- THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE
PROPOSAL WITHIN THE CITY OF SAN BERNARDINO.
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"Library Relief Act Fund."
3.42.070.
Special Fund.
A. There is hereby established a special fund entitled "Library Relief Act Fund"
(hereinafter the "special fund"). Money collected pursuant to this Chapter shall be deposited into
said special fund and shall be used exclusively as provided in this Chapter for the purposes for which
the tax is imposed, and for no other purposes. The general fund shall be reimbursed for one-half of
the debt service on the bond used to construct the Feldheym Library, or $332,400 per year for each
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of the next eight years, whichever amount is less, to be paid into the general fund from the special
fund.
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B. Any money raised by the special tax, including any interest accrued thereon, that
remains unspent at the end of any fiscal year may only be used in a succeeding fiscai year for the
purposes stated in this Chapter.
3.42.080.
Tax Rate.
A. Subject to Section 3.42.030, an annual special tax is hereby levied on the following
classifications of property in the City:
1. $20.00 on each parcel containing one single family residence and $20.00 for
each residential unit in a residential condominium project;
$13.00 on each residential unit per parcel for all other residentially-used or
$50.00 on each parcel of non-residentially-used or designated property in the
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If a parcel falls within more than one category, the higher tax shall be levied.
The annual special tax provided for herein shall not be levied in any fiscal year for
B.
which the City Council shall not have appropriated, as Maintenance and Operations Costs for the
DHC/js [LibrarylLibrary2.Tax,Ord]
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
2 LIBRARY RELIEF ACT TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE
3 APPROVAL OF TWO- THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE
PROPOSAL WITHIN THE CITY OF SAN BERNARDINO.
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1. In fiscal year 2006-2007, the first fiscal year pursuant to Section 3.42.090, the
City Council shall appropriate the amount of $2,358,400.00 ("Required Amount" for fiscal year
2006-2007) to the Library for maintenance and operations costs of the Library for that fiscal year,
and this will result in the subsequent levying of the special tax in fiscal year 2006-2007. The
Required Amount of $2,358,400.00 in fiscal year 2006-2007 represents the total amount proposed
to be appropriated by the City for the Library for maintenance and operations costs of the Library
for the 2005-2006 fiscal year as contained in the City of San Bernardino 2005-2006 Preliminary
Detail Budget, after subtracting $400,000 to reduce the burden on the public's general fund;
2(a). In fiscal year 2007 -2008, the second fiscal year pursuant to Section 3.42.090,
the City Council shall appropriate the Required Amount for the prior fiscal year, indexed as
prescribed in the next sentence, but not less than an amount equal to $2,358,400.00, and this will
result in the subsequent levying of the special tax in fiscal year 2007-2008. Indexing shall be done
for each of the second through the eighth fiscal years using the consumer price index prepared by
the Bureau of Labor Statistics of the United States Government for all urban consumers for the Los
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Angeles-Riverside-Orange County statistical area, or any successor index, to reflect changes in such
index during the 12 months which ended on the March 1 preceding each such fiscal year; the cost
of living increase/decrease shall cause the previous year's Required Amount to be adjusted pursuant
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to that index, except, in no year shall the Required Amount be less than $2,358,400.00;
2(b). The Required Amount of $2,358,400.00 assumes that $70,000.00 will be
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
2 LIBRARY RELIEF ACT TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE
3 APPROVAL OF TWO- THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE
PROPOSAL WITHIN THE CITY OF SAN BERNARDINO.
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year;
3. In the third fiscal year, an amount equal to the Required Amount for the prior
fiscal year, indexed as prescribed in subparagraphs 2 above, but not less than an amount equal to
$2,358,400.00, indexed annually commencing with the second fiscal year in which the special tax
is levied, as prescribed in subparagraphs 2 above;
4. In the fourth fiscal year, an amount equal to the Required Amount for the prior
fiscal year, whether appropriated or not, indexed as prescribed in subparagraphs 2 above, but not
less than an amount equal to $2,358,400.00, indexed annually commencing with the second fiscal
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year in which the special tax is levied, as prescribed in subparagraph!l 2 above;
5. In the fifth fiscal year, an amount equal to the Required Amount from the
prior fiscal year, whether appropriated or not, indexed as prescribed in subparagraph~ 2 above, but
not less than an amount equal to $2,358,400.00, indexed annually commencing with the second
fiscal year in which the special tax is levied, as prescribed in subparagraphs 2 above;
6. In the sixth fiscal year, an amount equal to the Required Amount for the prior
fiscal year, whether appropriated or not, indexed as prescribed in subparagraphs 2 above, but not
less than an amount equal to $2,358,400.00, indexed annually commencing with the second fiscal
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year in which the special tax is levied, as prescribed in subparagraphs 2 above;
7. In the seventh fiscal year, an amount equal to the Required Amount for the
prior fiscal year, whether appropriated or not, indexed as prescribed in subparagraphs 2 above, but
not less than an amount equal to $2,~58,4oo.00, indexed annually commencing with the second
fiscal year in which the special tax is levied, as prescribed in subparagraphs 2 above;
8. In the eighth fiscal year, an amount equal to the Required Amount for the
prior fiscal year, whether appropriated or not, indexed as prescribed in subparagraphs 2 above, but
not less than an amount equal to $2,358,400.00, indexed annually commencing with the second
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
2 LIBRARY RELIEF ACT TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE
3 APPROVAL OF TWO- THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE
PROPOSAL WITHIN THE CITY OF SAN BERNARDINO.
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fiscal year in which the special tax is levied, as prescribed in subparagraphs 2 above;
C. If at any time following the levy of a special tax for a fiscal year, the amount finally
appropriated as Maintenance and Operations Costs for the Library by the City for such fiscal year
is less than the Required Amount for such fiscal year, then no annual special tax shall be levied in
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the immediately following fiscal year. In no event shall the failure to levy the special tax extend the
Library Relief Act beyond the stated expiration date herein.
D. The City Council shall re-evaluate the Library Relief Act no later than 2012 for the
purpose of determining whether the Library can be fully funded by the City at the level of service
set forth in this ordinance.
E. The tax established herein shall be indexed annually by June 1st of each year in
accordance with the increase or decrease in the consumer price index. Indexing shall be done by
June 1st of each of the seven fiscal years after the first fiscal year using the consumer price index for
all urban consumers for the Los Angeles-Riverside-Orange County statistical area to reflect changes
in such index during the 12 months which ended the preceding March 1.
3.42.090.
Term.
The annual special tax provided for herein shall be levied in the first two fiscal years,
commencing in fiscal year 2006-2007, and may be levied in any or all of_t!te six fiscal years
thereafter, commencing with fiscal year 2008-2009 and ending in fiscal year 2013-2014. Such levy
may only be extended with the approval of the voters by two-thirds of the votes cast by voters voting
upon such a change at a municipal election called for that purpose, or as otherwise required by law.
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3.42.100.
Adjustments and Refunds.
A. Requests for adjustments involving imposition of this tax may be filed with the City
Treasurer. Upon sufficient evidence of error in the computation of the tax, the City Treasurer or
hislherdesignee shall cause the tax tobe recalculated, and shall so advise the San Bernardino County
DHC/js [Ubrary\Library2Tax,Ord]
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
2 LIBRARY RELIEF ACT TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE
3 APPROVAL OF TWO. THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE
PROPOSAL WITHIN THE CITY OF SAN BERNARDINO.
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Tax Collector or other appropriate official.
B. Whenever it is alleged that the amount of any tax has been overpaid or paid more than
once or has been erroneously or illegally collected or received by the City under this Chapter the
refund procedure shall be as follows:
1. No claim for refund of tax payment shall be allowed in whole or in part unless
filed with the Office of the City Treasurer within a period of three years from the date of the claimed
overpayment. This includes claims for refund of tax payment due to failure to previously file and
have approved an exemption application pursuant to Sections 3.42.030 E. and 3.42.030 F. All such
claims for refund of the amount of the overpayment must be filed on forms furnished, and in the
manner prescribed by the City Treasurer. Refunds may be made solely from the Library Relief Act
Fund;
2. In the event the City Treasurer denies the claim, he/she shall notify the
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claimant pursuant to California Government Code Section 913, or its successor Code or Section.
C. The City Treasurer shall have the power to settle claims involving the special tax, and
the power to accept and record underpayments or overpayments of such tax. The City Treasurer
shall have the authority to make refunds of this tax.
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D. If the County of San Bernardino doe~_not collect any tax due under this Chapter, then
the City Treasurer or hislher designee shall have the power and duty to enforce all of the provisions
of this Chapter. In such cases an assessment may be made against the owner of a parcel and
improvements in the manner provided by law. Any unpaid tax due under this Chapter shall be
subject to all remedies provided by law.
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E.
The special tax shall be due in two equal installments in accordaQce with the
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collection procedures of the San Bernardino County Tax Collector with the first installment due
November 1, and the second installment due the next succeeding February 1, in each fiscal year. The
DHC/js [Ubrary\Library2.Tax.Ord]
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
LIBRARY RELIEF ACT 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.
owner of the land, or land and improvements, at the time set forth in California Revenue and
Taxation Code Sections 405 and 2192, or their successor Codes and/or Sections, for each fiscal year,
shall have a personal obligation to the City of San Bernardino until the tax is paid for each fiscal
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year.
3.42.110.
Severability.
If any section, subsection, part, clause, sentence or phrase of this article or the application
thereof is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the validity of the remaining portions of the article, the application thereof,
and the tax imposed shall not be affected thereby, but shall remain in full force and effect, it being
the intention of the voters to adopt each and every section, subsection, part, clause, sentence or
phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the
application thereof is held to be invalid or unconstitutional.
3.42.120.
Effective Date.
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I. This ordinance, which levies the special tax described therein, shall be submitted to
the voters of the City of San Bernardino at a Special Election to be held on November 8, 2005. The'
taxes determined and proposed by this ordinance for levy for the eight (8) fiscal years beginning on
and after July 1, 2006, shall be levied only if this ordinance is approved by a vote of not less than
two-thirds ofthe votes cast by the voters voting on the Library Relief Act set forth in the ordinance.
If the ordinance is approved by the requisite number of votes, Chapter 3.42 shall henceforth and
thereafter be considered a part of the San Bernardino Municipal Code.
2. The questions of whether this ordinance shall be added to the San Bernardino
Municipal Code as provided herein shall be submitted to the electors of the City of San Bernardino
pursuant to California law regarding special taxes. Said election shall be called, authorized and
provided for in a manner provided by law.
DHC/js [UbrarylLibrary2.Tax,Ord]
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
2 LIBRARY RELIEF ACT TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE
3 APPROVAL OF TWO- THIRDS OF THE VOTES CAST BY VOTERS VOTING UPON THE
PROPOSAL WITHIN THE CITY OF SAN BERNARDINO.
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3.42.130.
Annual Report.
A. At least once a year after the first fiscal year in which the special tax is levied, and
for each year thereafter in which such special tax is levied, the City Treasurer shall file an annual
report with the City Council containing both of the following:
I. The amount of funds collected and expended; and
2. The status of either use required/authorized to be funded
as identified in Section 3.42.060 above.
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3.42.140.
Exclusive Use of Library Relief Act Funds.
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Under no circumstances shall any monies in the Library Relief Act Fund be used for any
purpose other than maintenance and operation costs of the Library and payment of one-half of the
annual debt service on the bond used to construct the Feldheym Library, or $332,400.00 per year for
each of the next eight (8) years, whichever amount is less.
SECTI ON 2. This Ordinance shall not become effecti ve unless it is approved by two-thirds
of the voters of the City of San Bernardino at a consolidated primary election held on November 8,
2005 and, if approved, shall be in effect only for the levying of such taxes for eight (8) fiscal years
commencing July 1, 2006 and ending June 30, 2014.
SECTION 3. This Ordinance shall not be amended or repealed during said eight (8) fiscal
year tenn unless such amendment or repeal is approved by the required number of voters of the City
of San Bernardino at an election called for that purpose.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.42
TO THE SAN BERNARDINO MUNICIPAL CODE THE CITY OF SAN BERNARDINO
LIBRARY RELIEF ACT 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.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
, 2005, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
CITY CLERK
The foregoing ordinance is hereby approved this _ day of
,2005.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
n
By' \ IA,"I_
. . 'J ~c-. r.....,_
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DHC/js [UbrarylLibrary2.Tax,Ord]
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