HomeMy WebLinkAboutRES CC 1997 1352 1997 0716RESOLUTION NO. 97-.1352
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4,
1997 FOR THE SUBMISSION OF A QUESTION OR MEASURE TO THE QUALIFIED
ELECTORS OF THE CITY TO APPROVE AN ORDINANCE IMPOSING A SPECIAL
TAX FOR PARKS MAINTENANCE AND REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF VENTURA TO CONSOLIDATE SAID
MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION ON SAID
DATE PURSUANT TO SECTION 10401 OF THE ELECTIONS CODE
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a Special Municipal Election shall be held on November 4, 1997 to submit to
the voters a question or measure relating to the imposition of a parcel tax; and
WHEREAS, insufficient property tax was apportioned to the City at the time of its
incorporation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities within the State, there is called and ordered to be held in
the City of Moorpark, California, on Tuesday, November 4, 1997, a Special Municipal
Election.
SECTION 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the Special Municipal Election the following question:
Shall an ordinance imposing a "Parks Maintenance
YES
Special Tax" be adopted which: establishes a Parks
Maintenance Special Tax with a ten (10) year limit to be
NO
used exclusively for parks maintenance purposes at the
following maximum rates on parcels of property with the
following land use classifications
Maximum Rate
Land Use Classifications
$68.50
Single Family Residence
$51.38
Mobile Home and Trailer Parks; Residential Income (2 -
4 Units); Condominium; Apartments (5+ Units) - PER
UNIT
$99.76
Business: Petroleum and Gas; Auto Sales /Repair
$199.51
Agricultural and Business: Poultry; Flowers /Seed
Production; Orchards; Truck Crops; Pasture of Graze
(Dry); Field Crops (Dry); Feed Lots; Tree Farms;
Theater; Pasture (Permanent)
$299.27
Retail Stores (Single Story); Store and Office
(Combination); Banks /Savings and Loans; Industrial
Condos /Co- Ops /PUDs; Office Building (Single Story);
Mineral Processing; Service Stations;
Restaurants /Cocktail Lounges
$399.04
Warehousing
$598.55
Retail Stores (Multi- Story); Office Stores (Multi -Story)
$997.57
Shopping Centers (Neighborhood)
$1,197.10
Light Manufacturing
$2,992.73
1 Shopping Centers (Regional)
and establishes a special fund into which all proceeds of the Parks Maintenance
Special Tax shall be deposited?
SECTION 3. That the proposed measure to be submitted to the voters is attached hereto
as Exhibit "A."
SECTION 4. That the notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give such further or additional notice
of the election, in time, form, and manner required by law.
SECTION 5. That the ballots to be used at the election shall be, in form and content, such
as may be required by law to be used in the election.
SECTION 6. That the polls for the election shall be open at seven o'clock a.m. (7:00 a.m.)
of the day of the election and shall remain open continuously from that time until eight
o'clock p.m. (8:00 p.m.) of the same day, when the polls shall be closed, except as
provided by law for holding municipal elections in the City.
SECTION 7. That pursuant to the requirements of Section 10401 of the Elections Code,
the Board of Supervisors of the County of Ventura is hereby requested to consent and
agree to the consolidation of said Municipal Election with the Statewide General Election
on Tuesday, November 4, 1997.
SECTION 8. That said Board of Supervisors is hereby requested to issue instructions to
the County Clerk to take any and all steps necessary for the holding of said consolidated
election.
SECTION 9. That in all particulars not recited in this Resolution, the election shall be held
and conducted as provided by law for holding municipal elections in the City.
SECTION 10. That the City Clerk of the City of Moorpark is hereby directed to file a
certified copy of this Resolution with the Board of Supervisors and the County Clerk of the
County of Ventura.
SECTION 11. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED THIS 16th day of July, 1997.
i. lk�J )04
iatrick Hunte , M-yor
ATTEST:
PAK C4��e
illian E. Hare, CMC o� /ikQz
City Clerk 'APO*
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LAX2:184908.1
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE PEOPLE OF THE CITY OF MOORPARK,
CALIFORNIA, ADOPTING A SPECIAL TAX FOR PARRS MAINTENANCE
WHEREAS, the City has historically relied upon special
assessment revenues to fund the maintenance of the City's parks;
and
WHEREAS, Proposition 218 was adopted as an initiative measure
at the general election that was held on November 5, 1996; and
WHEREAS, Proposition 218, in pertinent part, limits the
imposition of most special assessments, and requires that special
taxes be approved by a two - thirds vote of the people; and
WHEREAS, this ordinance provides for the enactment of a
special property tax that will replace the parks maintenance
special assessment with a certain and stable source of revenues to
fund the maintenance of the City's parks for a period of ten years;
and
WHEREAS, pursuant to Government Code sections 37100.5 and
50075 and the California Supreme Court decision in Heckendorn v.
City of San Marino (1986) 42 Cal.3d 481, the City may propose for
adoption by the voters a special tax on parcels of property for
park maintenance purposes, provided that the tax rate is not
applied to the assessed value of the property;
NOW, THEREFORE, THE PEOPLE OF THE CITY OF MOORPARK DO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Addition of Chapter 3,30. The Moorpark Municipal
Code is hereby amended by adding Chapter 3.30, entitled "PARKS
MAINTENANCE SPECIAL TAX", to read as follows:
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"Chapter 3.30
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PARKS MAINTENANCE SPECIAL TAX
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Sections:
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3.30.010 Definitions.
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3.30.020 Establishment of the special tax.
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3.30.030 Purpose of the special tax.
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3.30.040 Establishment of a special fund.
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3.30.050 Collection of the special tax.
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3.30.060 Exempt property.
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3.30.070 Expiration of the special tax.
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3.30.080 Amendment of this chapter.
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113.30.010 Definitions.
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As used in this chapter, the following words and phrases
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shall have the following meanings:
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"City" shall mean the City of Moorpark.
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"City council" shall mean the City Council of the City of
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Moorpark.
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"County" shall mean the County of Ventura.
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"Land use classification" shall mean the use code that is
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applied to a parcel of property by the county assessor as of
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July 1 of the fiscal year in which the special tax is imposed.
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"Parcel of property" shall mean a unit of real property
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as shown in the records of the county assessor as of July 1 of
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the fiscal year in which the special tax is imposed.
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"Parks" shall mean real property that is owned or leased
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by the city and that is designated by the city for outdoor
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recreation, including ancillary uses, regardless of•when such
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designation is made. Parks shall also mean the Community
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Center, the Senior Center, and the Arroyo Vista Recreation
Center.
"Parks maintenance" shall mean the furnishing of services
and materials, directly by or under contract to, the city for
the ordinary and usual maintenance of the city's parks,
including the repair, removal or replacement of park
improvements. Park maintenance shall also mean the furnishing
of water, electricity and other utilities to the parks.
013.30.020 Imposition of the special tax
A. Annually, commencing with fiscal year 1998 -1999 and
ending with fiscal year 2008 -2009, a special tax shall be
imposed on each parcel of property within the city that is
classified as set forth in subsection B at the maximum rate
specified in subsection B.
B. The classifications and maximum rates shall be as
follows:
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VOM4*
LM2: 184908.1 3
Maximum Rate
Land Use Classifications
$68.50
Single Family Residence
$51.38
Mobile Home and Trailer Parks;
Residential Income (2 - 4 Units);
Condominium; Apartments (5+ Units) - PER
UNIT
F $99.76
Business: Petroleum and Gas; Auto
Sales /Repair
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VOM4*
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LAX2:189908.1
C. For any fiscal year that the special tax is in
effect, the city council may, by resolution, levy the special
tax at rates that are less than the maximum rates specified in
subsection B, provided that all of the rates are adjusted
proportionately, so that the relationship between the rates
for the various classifications remains constant. A reduction
in the rates for one fiscal year shall not prevent the city
council from levying the special tax at the maximum rates
specified in subsection B for any one or more of the
succeeding years. In no event may the city council levy the
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Maximum Rate
Land Use Classifications
$199.51
Agricultural and Business: Poultry;
Flowers /Seed Production; Orchards; Truck
Crops; Pasture of Graze (Dry); Field
Crops (Dry); Feed Lots; Tree Farms;
Theater; Pasture (Permanent)
$299.27
Retail Stores (Single Story); Store and
Office (Combination); Banks /Savings and
Loans; Industrial Condos /Co- Ops /PUDs;
Office Building (Single Story); Mineral
Processing; Service Stations;
Restaurants /Cocktail Lounges
$399.04
Warehousing
$598.55
Retail Stores (Multi- Story); Office
Stores (Multi- Story)
$997.57
Shopping Centers (Neighborhood)
$1,197.10
Light Manufacturing
1$2,222-73
Shopping Centers (Regional)
C. For any fiscal year that the special tax is in
effect, the city council may, by resolution, levy the special
tax at rates that are less than the maximum rates specified in
subsection B, provided that all of the rates are adjusted
proportionately, so that the relationship between the rates
for the various classifications remains constant. A reduction
in the rates for one fiscal year shall not prevent the city
council from levying the special tax at the maximum rates
specified in subsection B for any one or more of the
succeeding years. In no event may the city council levy the
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special tax at rates that exceed the maximum rates specified
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in subsection B.
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D. The special tax imposed by this section shall be a
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flat dollar amount on the parcel and shall not be measured by
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the value of the property.
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113.30.030 Purpose of the special tax
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The purpose of the special tax is to provide revenues to
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the city to pay for:
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1. the costs associated with parks maintenance; and
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2. the costs of collecting, administering and enforcing
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the special tax, including refunds.
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113.30.040 Establishment of a special fund
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A. A special fund, entitled the "Park Maintenance
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Special Tax Fund ", is hereby established. All of the revenues
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collected pursuant to this chapter shall be deposited into the
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special fund and that money and any interest that accrues
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thereon shall be used exclusively for the purposes specified
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in this chapter and for no other purpose whatsoever. Any
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money in the special fund, including accrued interest, that
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remains unencumbered at the end of any fiscal year shall be
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used in succeeding fiscal years only for the purposes
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specified in this chapter.
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B. Nothing in subsection A shall prevent disbursements
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from the special fund to reimburse the general fund if, and
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only if, money has been advanced from the general fund to pay
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for the purposes provided for in this chapter.
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113_.30.050 Collection of the special tax
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A. The city council shall provide for the collection of
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the special tax imposed pursuant to this chapter in the same
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manner, on the same dates, and subject to the same penalties
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as, or with, other charges and taxes fixed and collected by
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the city or by the county on behalf of the city.
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B. The special tax, together with all penalties thereon,
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shall constitute a lien upon the parcel of property against
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which it is levied until it has been paid in full, and the
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tax, together with all penalties thereon, shall constitute a
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personal obligation to the city until paid in full by the
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persons owning, claiming, P g, g, possessing or controlling the
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parcel.
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113.30.060 Exempt property.
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The special tax imposed by this chapter shall not be
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levied on an parcel of
y p property that is owned by any federal,
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state or local governmental entity or on any other parcel of
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property if such levy would otherwise be in violation of the
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Constitution of the United States or the Constitution of the
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State of California.
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113.30.070 Expiration of the special tax
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The special tax imposed by this chapter shall expire as
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of July 1, 2009 and this chapter shall be inoperative and
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shall have no effect on and after that date, unless imposition
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of the special tax beyond the 2008 -2009 fiscal year is sooner
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extended. Imposition of the special tax may only be extended
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with the approval of the electorate by a two - thirds vote,
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unless the applicable law at the time of the election
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authorizes a lesser number of votes or does not require a
vote.
113.30.080 Amendment of the chapter,
The procedural provisions of this chapter may be amended,
from time to time, by an ordinance duly enacted by a majority
vote of the members of the city council, provided that the
amendment is consistent with the intent of the ordinance by
which this chapter was originally enacted."
SECTION 2. Effective Date. This ordinance shall be adopted
if approved as an initiative measure by two - thirds (2/3) of the
electorate voting at an election to be held on November 4, 1997.
This ordinance shall be effective 10 days following the date upon
which the City Council declares by resolution the vote of the
general election held on November 4, 1997.
SECTION 3. Section Headinga. All section headings contained
in this ordinance are for convenience of reference only and are not
intended to define or limit the scope of any provision hereof.
SECTION 4. Severabil ty. If any section, subsection,
sentence, clause, phrase, part or portion of this ordinance is for
any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections,
subsections, sentences, clauses, phrases, parts and portions
thereof. The people hereby declare that they would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase, part and portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases,
parts or portions be declared invalid or unconstitutional.
LM2:189908.1 7
1 ADOPTED BY THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION
t HELD ON NOVEMBER 4, 1997.
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1J1X2 :18 9 908.1 8
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
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TFO JJ
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark, California,
do hereby certify under penalty of perjury that the foregoing
Resolution No. 97- 1352 was adopted by the City Council of the
City of Moorpark at a meeting held on the 16th day of
JULY , 1997, and that the same was adopted by the
following vote:
AYES: COUNCILMEMBERS EVANS, PEREZ, RODGERS TEASLEY, WOZNIAK AND
MAYOR HUNTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City this 17th
day of JULY . , 1997.
Lillian E. Hare, CMC
City Clerk
PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK
Mayor Mayor Pro Tern Councilmember Cnun6Imam►,a.