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HomeMy Public PortalAbout81-108 (08-04-81)RESOLUTION NO 81-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 3, 1981, FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED ORDINANCE RELATING TO THE LEVYING OF A SPECIAL TAX FOR FIRE PROTECTION AND PREVENTION SERVICES (PARAT~IEDICS )-- WHEREAS, the City Council of the City of Lynwood desires to submit to the qualified electors of said City at a Special Municipal Election a proposed ordinance relating to the levying of a special tax for Fire Protection and Prevention Services (Paramedics), and - WHEREAS, the City Council of said City is thereupon authoriz- ed and directed by statute to submit the Ordinance to the qualified voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES HEREBY 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 said State, there shall be, and there is hereby called and ordered held in the City of Lynwood, County of Los Angeles, State of California, on Tuesday, November 3, 1981, a Special Municipal Election of the qualified electors of said City for the purpose of submitting the following proposed ordinance, to wit Shall an Ordinance providing yES ` for the levy of a special tax for fire protection and pre- vention service (Paramedic N0. s.e.rv.i.ce.) .be..ado.p.t.ed? SECTION 2 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 proposition A cross (+) in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition SECTION 3 The proposed ordinance submitted to the voters shall. be as set forth in Exhibit "A" attached hereto, and incorporated herein by reference in full and at length SECTION 4 That the ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat -1- k' i f SECTION 5 That the polls for said election shall be open at seven o'clock a m (7 00 a m ) of the day of said election and sh~~.ll remain open continuously from said time until eight o'clock p m (8 00 p m ) of the same day when said polls shall be c`losed;, except as provided in Section 14301 of the Elections Code of the State of Calif frnia 'SECTION 6 Tlat in all particulars .not resided in this Resolution, said election shall be held and conducted as provided by law for' holding. muicipal elections in said City SECTION 7 That notice of the time and place of holding said e]'_ection is here~y given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time,. form and manner as required by law SECTION,8 That the special election hereby called for the date hereinbefor"e specified shall be and is hereby ordered consolidated with tYe U.nifiedSchool District Board election to be held on said date, and wit~hin~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 said Unified School District Board election The Board of Supervisors of Los Angeles County is hereby requested to order the consolidation of the special municipal election hereby called with said Unified School District Board election, and the Registrar of Voters of said County is hereby authorized to canvass the returns of said special municipal election, and said elections 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 shall certify the results of the canvass of the returns of said special municipal election to the City Council of said City which shall thereafter declare the results thereof The proposition submitted by this resolution shall be designated on the ballot by a letter printed on the left margin of the square containing the description of'the measure SECTION 9 That the City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book•of original Resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the v. ~ same is passed--and adopted -~- _~ --- a ~. _ . _, ~ __ _ _, _ _- - _ w_~ ADOPTED, SIGNED AND .APPROVED THIS 4th day of August, 181 ~~.~ (,,~ , D BYORK ; PSI YOR ATTEST CITY OF LYPdWOOD ~/ ,._..... M WEA'UER, ACTING CITY MANAGER ~~ V SmATE OF CALIFORNIA ) SS ° COUNT~t OF' LOS ANGELES ) I, the und.ersi~ned, City Clerk of the City of Lynwood, do hereby certify that the foreg~oin~; resolution was passed a.nd adopted by the City Counci7_ of the City of Lynwood at a regular meeting; held on the 4th day oi' AUGUST j 1881 A`ZES Councilmen GREEN, MORRIS, ROWE, THOMPSON, BYORK NOES Councilmen NONE ABSENT Councilmen NONE Deputy City Clerk, City of Lynwood i ORDINANCE NO ESHIBIT ' A" AN ORDINANCE OF TEE PEOPLE OF THE CITY OF LYNjh~OOD, CALIFORNIA, LEVYING A SPECIAL TAk FOR FIRE PROTECTION AND PREVENTION THE PEOPLE OF THE CITY OF LYNhhOOD, CALIFORNIA, DO ORDAIN AS FOLLO~h'S SECTION 1 Pursuant to the authority of California~Govern- ment Code Sections 53978, et seq there is hereby levied and assessed a special tax by the City of Lynwood on each parcel of prop- erty, each- residential unit in a multiple d«Jelling, or each mobile home site as hereinafter set forth, in the City of Lynwood for each fiscal year, commencing with the fiscal year 1982-83 SECTION 2 Said special tax for each fiscal year shall be as follows 1982-83 1983-84 1984-85 1985-8G Single Family (Including condominims) X38 06 X37 29 X42 11 $46 26 Multi-family and .28 55 27 .97 31 58 34 70 mobile home units per unit per unit per unit per unit Commercial and. Industrial -` '0"'- `4 ; 999 sq f t --1-14- i8 111 87 126 33 138 78 5,000 - 19,999 sq ft 380 60 372 90 421 1C - 4G2 60 20,,..000 - 99,999 sq ft 951 50 932 25 1,052 75 1,156 50 100,000 + sq ft 1,903 00 1 864 50 2,105 50 2,313 00 The records of the Los. Angeles County Assessor, as of T.4arch 1 of each year preceding the applicable fiscal year shall determine whether or not any particular lot is unimproved by purposes of this section 'Parcel of property" as used in this Ordinance shall mean any contiguous unit of improved or unimproved real property held in separate ownership, including, but not limited to, any single family residence, any condominium unit, as defined in California Civil Code Section 783, or any other unit of real property subject to the California Subdivided Lands Act (Business and Professions Code Section 11000, et seq ) V ~- The tax ~ imposed bsl- this--section= shall- be a:-~tax--upon each ~-- parcel. of property, and the tax shall not be measured by the value of the property% The maximum amount of the tax to be imposed after the 1985-8G fiscal year shall be as set forth above for such fiscal year -1- R SECTION '3 The special tax imposed by Section 2 shall be due in t«-o equal installments, in accordance with the collection procedures of the Los Angeles County Tax Collector with the first installment for the first fiscal year, to wit 1982-83 being due November 1, 1982, and the second installment for said fiscal year being d.ue on February 1, .1983 The special tax for subsequent fiscal years shall be due on the same basis, in the same manner, and on the same applicable dates as established by la«- for the due dates f'or the other charges and taxes fixed and collected by the County of Los Angeles in behalf of the City of Lynwood SECTIO?~T 4 The .revenue raised by this Ordinance shall be placed in a special fund to be used only for the purposes of obtain- ing, furnishing,. operating and maintaining fire protection (includ- ing Paramedics), for paying the salaries and benefits to firefighting personnel and for such other necessary fire protection and prevention expenses of the City of Lynwood SECTION 5 The City Council, by three (3) affirmative ~%otes, is empowered to suspend all or an5% part of the tax imposed by this Ordinance, and shall suspend such part of said tax as the City Council finds in the exercise of reasonable discretion and fiscal prudence is not required to provide an adequate level of Fire Department services in the CitS%, in accordance with the purposes set forth in this Ordinance _ _~ __ _ ____ _~._ __ _ SECTION 6 The CitS% Council shall be empowered to amend this Ordinance by three (3} affirmative votes of~the members thereof in order to carry out the general purposes of this Crdinance, in order to conform to state law that permits the County Tax Collector,. or other proper official, to collect a special tax such as is levied by this Ordinance in conjunction with County taxes, or in order to assign duties pursuant to the Ordinance to other officers, provided however, no amendment shall permit the levy of a tax in excess of the maximum set forth in Section 2 SECTION 7 They.special tax imposed hereby shall be collected in the same manner, on the same dates, and subject to the same penalties and interest in accordance with the established dates as, or with _ other charges and _ta~es fixed and collected_by~ the _Count~~_ __ of Los Angeles in behalf of the City of Lynwood, and the said County 'may deduct its reasonable costs incurred for such service before remittal of the balance to the City Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which, it is levied until it has been paid, and said special tax, together with all penalties and' interest thereon, shall, until paid, constitute a personal obligation to the City of Lynwood by the persons who own the parcel on the date the tax is due ~, - o SECTION 8 The special tax hereby imposed shall not be imposed upon a Federal or State Governmental agency, or another local agency, or upon any parcel of peoperty that is exempt from the special tax imposed by this Ordinance pursuant to any provision of the Constitution or any= paramount law SECTION 9 Unexpended residue of any money raised. by the City under this Ordinance may only be used in the succeeding year for the purposes stated in this Ordinance by lowering the next year's tax b5= the amount unexpended or returned to the taxpayers on the same pro rata basis as originall~~ levied SECTION 10 If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by .any court of competent. jurisdiction; such invalidity or unconstitutionality shall not affect any other pro- vision or applications, and to this end the provisions of this Ordinance are declared to be severable The people hereby declare that they would have adopted this Ordinance and each section, sub- section, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof., be declared invalid or unconstitutional SECTION 11 This Ordinance, or any provision thereof other than those provisions,. if any, which provide .for modification by the ---- -- --~--City Council -of the City- -of -LSTnwoo~, may only be amended or repealed by approval of two-thirds (2/3) of the voters voting on the pro- visions at any initiative or referendum election SECTION 12 This Ordinance shall be adopted if approved as an initiative measure by two-thirds (2/3) of the voters voting at an election to be held on November 3, 1981, and go into effect ten (10) days after the City Council haa,. by resolution, declared that such j initiative measure was approved by two-thirds {2/3) of 'the voters. ' voting thereon SECTION 13 The City Clerk shall certify to the passage and ado-ption of this Ordinance and shall cause the same to be posted,. as required by law j JOH1T D BYORK MAYOR j CITY OF LYNWOOD ATTEST JIM WEAVER, ACTING CITY CLERK C I TI' OF LYNWOOD 866 HALL OF ADMINISTRATION _ , ~~ ~-os ~ Lmut#tr of ~n~ C~nz~.el.~~ ~,:, ~ .. °1 ~:°,~~,,~-- ~u~x~ of ~xi.~sprkrt~~r~ :,,.: ~;; A` _ ~~s ~ng~i~~, ~~ltf~rmtt fi~IIIIx~ ~'4l1rCA~`\ ~- T KENNETH HAH_N _, _ ,._.,, ~. ,_ ~ _ v ,,,,,_ SUPERVISOR, SECON OvDISTRICT RESOLU'T'ION FROM THE CITY OF LYNWOOD RECEIVED BY C. A. FULLER, OFFICE OF SUPERVISOR KENNETH HA~iN (.clat~ )