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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Rachel G. Clark, City Clerk Subject: Resolution ... repealing
Resolution No. 97-199
Department: City Clerk and submitting to the
voters a ballot measure
Date: October 30, 1997 PID relating to the city's
u service users tax
Synopsis of Previous Council Action:
7/21/97: Mayor and Council adopted Ordinance MC-999 - An Ordinance of the City of San
Bernardino amending Section 6 of Ordinance No. MC-820 eliminating the expiration date of the
0.5% increase of the Service Users Tax.
7/7/97: Mayor and Council adopted Resolution #97-199 submitting to the voters a ballot measure
relating to the City's Service Users Tax.
7/7/97: Mayor and Council adopted Resolution 497-200 calling a Municipal Election to submit to
the electors for their approval a ballot measure relating to the City's Service Users Tax and
requesting that said Municipal Election be consolidated with the November 4, 1997 Consolidated
Election conducted by the County of San Bernardino.
7/7/97: Mayor and Council unanimously approved first reading of an ordinance amending Section
6 of Ordinance No. MC-820 eliminating the expiration date of the 0.5% increase of the Service
Users Tax.
Recommended Motion:
Adopt resolution
Signature
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Contact person: Rachel G. Clark City Clerk Phone: extension 3210
Supporting Data Attached: Yes Ward: Citywide
FUNDING REQUIREMENTS: Amount:
Source: (Account No.)
Account Description):
Finance:
Council Notes:
Previously - #a5 " 111i)3ly 7 Agenda Item No.
11/6/97
Tabled
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO REPEALING RESOLUTION 97-199 AND SUBMITTING TO
THE VOTERS A BALLOT MEASURE RELATING TO THE CITY' S SERVICE
4 USERS TAX.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS :
6
7 SECTION 1. Recitals .
8 (a) California Constitution, Article XIII C, Section 2 (b)
9 requires that no local government may impose, extend, or
10 increase any general tax unless and until that tax is submitted
11 to the electorate and approved by a majority vote .
12 (b) Pursuant to this authority, the Mayor and Common
13 Council have adopted Ordinance No . MC-999 , subject to the
14 approval of a majority of the voters .
15 SECTION 2 . Submittal to Electors . The ordinance of the
16 City of San Bernardino, attached hereto as Exhibit "A, " is
17 submitted to the qualified electors of the City of San
18 Bernardino for their approval or rejection at the general
19 municipal election to be held on Tuesday, February 3 , 1998 .
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING RESOLUTION 97-199 AND SUBMITTING TO
2 THE VOTERS A BALLOT MEASURE RELATING TO THE CITY' S SERVICE
USERS TAX.
3 I HEREBY CERTIFY that the foregoing Resolution was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of 1997, by the following vote, to wit :
7
8 Council Members : AYES NAYS ABSTAIN ABSENT
9
NEGRETE
10
CURLIN
11
ARIAS
12 OBERHELMAN
13
DEVLIN
14
ANDERSON
15
MILLER
16
17
18 City Clerk
19 The foregoing Resolution is hereby approved this
day of 1997 .
20
21
22 Tom Minor, Mayor
City of San Bernardino
23 Approved as to form
and legal content :
24 JAMES F. TMAN
25 City Att y
26 B
Y'
27 J, 2
28
Adopted: July 21, 1997
_ Effective: Contingent upon election to
be held on 11/4/97.
1 ORDINANCE NO. MC-999
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
6 OF ORDINANCE NO. MC-820 ELIMINATING THE EXPIRATION DATE OF THE
3 0.5% INCREASE OF THE SERVICE USERS TAX.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. Section 6 of Ordinance No. MC-820 is hereby amended to read as follows:
7 "Section 6. This ordinance shall take effect on July 1, 1992."
8 SECTION 2.This Ordinance shall only take effect if approved by a majority of the voters
9 voting in an election held on or before June 30, 1998.
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HTC/js(utility3.ord] 1
KC-999
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
6 OF ORDINANCE NO.MC-820 ELIMINATING THE EXPIRATION DATE OF THE 0.5%
2 INCREASE OF THE SERVICE USERS TAX.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at aj t. regmeeting thereof, held on the 21 day
of rtt14 _, 1997, by the following vote, to wit:
6
Council Members: AYES NAYS ABSTAIN ABSENT
7
NEGRETE x
8
CURLIN _g_
9
ARIAS x
10
OBERHELMAN _ x
11
DEVLIN
12
ANDERSON x
13
MILLER x
14
15 _
City Jerk
16•
17 The foregoing Ordinance is hereby approved this.&,day of July , 1997.
18
om Minor, ayor
19 City of San Bernardino
20 Approved as to form
and legal content:
21
JA�LIES F. PENMAN,
22 City Attorney
23
By. / �2�►-%,�
24
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27
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HTC/js[utilitylord] 2
s
STAFF REPORT
DATE: October 30, 1997
TO: Honorable Mayor & Members of the City Council
FROM: Rachel G. Clark, City Clerk
SUBJECT: 1. Resolution repealing Resolution No. 97-199 and submitting to the voters a ballot
measure related to the Service Users Tax (Utility Tax); and
2. Resolution repealing Resolution No. 97-200 and calling a general municipal
election to submit to the electors for their approval a ballot measure relating to
the City' Service Users Tax
BACKGROUND INFORMATION:
Proposition 218 provides that no local government (including charter cities) may impose, extend,
or increase any general tax until the tax is submitted to the electorate and approved by a majority
vote of the electors.
The Service Users Tax 0.5% increase will expire on June 30, 1998, therefore, if the 0.5% increase
is to continue beyond June 30, 1998, a measure must be placed on the ballot allowing the voters an
opportunity to vote on whether or not to continue the 0.5% increase beyond June 30, 1998.
The Mayor and Council took timely action to place a ballot measure on the November 4, 1997
election which is to be consolidated with the County; however, because the required documents
were not at the County Clerk's Office by the 88th day prior to the November 4 election, the County
Registrar of Voters was legally prohibited from placing the measure on the ballot.
The proposed resolutions repeal Resolutions 97-199 and 97-200 and call for the General Municipal
Election on February 3, 1998 to submit the ballot measure on the City's Service Users Tax (Utility
Tax).
If the Mayor and Council wish to proceed and place the ballot measure on the ballot for the
February 3, 1998 general election, the proposed resolutions must be adopted no later than
November 7, 1997.
Recommended Motion:
That said resolution(s) be adopted.
Rac el G. Clark
City Clerk
Agenda Item No.
1