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HomeMy WebLinkAboutCC Ord 1125 Not Adopted ./ <-ri .. g~ ORDINANCE NUMBER ' /1.25 lilt 1,'JiIqUr AN ORDINANCe OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. CALIFOPNIA, A CHARTER LITY, CALLING A SPECIAL MUNICIPAL ELECTIuN PROVIDiNG FOR THE SUBMISSION OF BALLOT MEASURES TO THE QUALIfIED ELECTORS or THE CITY RELATING TO THE OIL PRODUCTION TAX AND TRANSIENT OCCUPANCY TAX, SAID ELECTION TO BE HELD ON THE 2ND DAY OF NOVEMBER, 1982, CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION AND DECLARING THIS ORDINANCE TO BE EFFECTIVE IMMEDIATELY. I': THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. That under the provisions of the Charter of the City of Seal Beach, California, a Special Municipal Election is hereby called and ordered to be held in the City of Seal Beach, on Tuesday, November 2, 1982 and consolidated with the statewide General Election on said date. to submit to the qualified electors of said City at said election, ballot measures relating to the Oil Production Tax and Transient Occupancy Tax, hereinafter set forth. Section 2, That the polls for said election shall be opened at 7:00 o'clock a,m. of the day of said election and shall remain open continu- ously from that time until 8:00 o'clock p.m. of said day, when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. Section 3. That the measures to be submitted to the qualified electors of said City at the Special Municipal Election, in addition to any other matters required by law, shall be printed substantially as foll ows: I ProPOSltlOn "Shall an ordinance be adopted amending Chapter 15A, Article I, of the Code of the City of Seal Beach, California, to increase YES the Oil Production Tax from twelve cents (12t) to eighteen cents (18t) per barrel of crude oil for the period of time from January 1, 1983 to June 30,1983 with NO such tax to be adjusted each July 1 there- after by the percentage change in the price per barrel of crude oil ~ the preceding twelve months?" I n Propos iti on "Shall an ordinance be adopted amending Chapter 22, Article IV, of the Code of the City of Seal Beach, California, to increase the Uniform Transient Occupancy Tax from five percent (5%) to six percent (6%) and to define a transient as any person who exercises occupancy in a hotel for a period of thirty consecutive days or less?" YES NO I Section 4. That a cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the measure. A cross (+) in the square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the measure. I Ordinance Number ,11'~~ Section 5. That the Special Municipal Election hereby called for and the data heroinbefore s~ocifi~d Sh~l' bp. ~nd is hp.reby ordered consolidateo with the statewide General Election to be held on said date. and within said City, the precincts. polling places, and officers of election for the Special Municipal Election hereby called shall be the same as those provided for in said statewide General Election. The Board of Supervisors of Orange County is hereby authorized to order the consolidation of the Special Municipal Election hereby called with said statewide General Election, and said Registrar of Voters of Orange County is hereby authorized to canvass the returns of said Special Municipal Election, and said election shall be held in all respects as if there were only one election. and only one form of ballot. namely the ballots used at said General Election shall be used. Said Registrar of Voters of Orange County shall certify the results of the canvass of the returns of said Special Municipal Election to the City Council of said City and shall thereafter declare the results thereof. Section 6. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed, and directed to give such further notice of said election in time. form and manner as required by law. Section 7. Pursuant to Section 416 of the City Charter this ordinance shall take effect and be in force immediately upon its adoption. Section 8. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council and shall cause the same to be published as required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 1982. I Mayor ATTEST: Ci ty Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I. Joanne M, Yeo, City Clerk of the City of Seal Beach and ex-officio Clerk of the City Council of the City of Seal Beach. do hereby certify to the passage and adoption of the foregoing ordinance by the City Council at a regular meeting thereof held on the day of 1982, by the following vote: , AYES: Councilmembers I NOES: Councilmembers ABSENT: Councilmembers City Cll::rr- ,,-' Ordinance Number J'~c2~ . IMP'AR'l'IAIi ANALYSTS' BY CI'lT A'rl'ORNEY Art~cle 1 of Chapter l5A of the Code of tne City of Seal l'each impo'les do ta7. on the pr'Jduc-::ion oZ oil within the City. This tP.:x is levied at the ::-ate of twelve cents (12~l per barrel ~f oil produced. . Article XIIIA of the California Constitution provides that a city after a two-thirds vote of its qualified electors may impose special taxes. Article XIIIA neither defines the term special taxes nor specifies the type of taxes that are considered special taxes for the purposes of such article. Also, Article XIIIA does not state whether an increase in the tax rate of an existinq lawfully adopted special tax requires a two-thirds voter approval. Due to the uncertainty as to what taxes constitute special taxes under Article XIIIA, the PJ:cp:lsit:i.a1 is beinq submitted to the voters of the City of Seal Beach forapproval. In the event that the oil production tax is not a special tax under Article XIIIA of the California Constitution, Proposition would not have been required to be submitted to the voters and will be adopted if the proposition receives a majority of the votes cast on it at the election. Proposition _, if approved by the required number of voters, would require the City Council to adopt an ordinance amendinq Article 1 of Chapter lSA of the Code of the City of Seal Beach to increase the oil production tax rate provided by Section lSA-l(a) (2) of the Code to eiqhteen cents (18~) per barrel of oil produced within the City from January 1, 1983 to June 30, 1983. This ordinance also would provide that on JUly 1, 1983, and each JUly 1 thereafter, such tax rate shall be adjusted by the percentaqe chanqe in the price. of crude oil. The City Council will establish a for.mula for determininq the percentaqe chanqe in the price of crude oil. Therefore, on JUly l of each year, the oil production tax rate may either increase, decrease, or stay the same dependinq upon whether the price for crude oil increased, decreased, or stayed the same durinq the precedinq twelve months. I II I Ordinance Number //2;- , IMPAR'l'IAL ANALYSIS BY CITY AT'l'ORNEY I Article IV of Chap~er 22 of the Code of ~he City of Seal Beach, California,presen~ly imposes a tax on the occupancy of a room in a hotel, mo~el, or other similar facil~ty for fourteen (14) days or less. Such tax is levied at the rate of five percent (5') of the rent charged by the operator of the hotel or motel for such occupancy. This tax, which is called a transient occupancy tax, is collec~ed by the operator from the room occupant and remit~ed to the City. Article lalIA of the California Consti tu~ion provides that a city af~er a two-thirds vote of its qualified elec~ors may impose special taxes. Ar~icle XllIA neither defines the term special taxes nor specifies the type of taxes that are considered special taxes for the purposes of such article. Also, Article lalIA does no~ s~a~e whether an increase in the tax rate of an existing lawfully adopted special tax requires a two-thirds vo~er approval. Due to the uncertainty as ~o what taxes cons~itu~e special ~axes under Article XllIA, Proposition is being submitted to the voters of the City of Seal Beach for approval. In the event that the transien~ occupancy tax is no~ a special tax under Article xrlIA of the California Constitution, Proposition would no~ have been required to be sul:lmi. t~ed to the voters- and will be adop~ed if the proposition receives a majority of the votes cast on it at the elec~ion. I Proposition , if approved, by the required number of voters, would require-the City Council to adop~ an ordinance amending Article IV of Chap~er 22 of the Code of the Ci~y of Seal Beach in two respects. First, the transien~ occupancy tax would be increased to six percent (6') of the rent ::harqed by the hotel or motel operator for the occupancy of a rOOM. Second, the definition of the term -transientn would be amended to include any person who occupies a room in a ho~el, motel or similar facility for thirty (30)days or less. Therefore, the effect of such an ordinance would be to impose a tax of six percent (6') of. the rent charged for the occupancy of a room in a ho~el, motel, or similar facility for thirty (30) days or less. I