HomeMy Public PortalAbout81-111 (08-04-81) i
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RESOLUTION NO 81-111
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD, CALIFORNIA,
AUTHORIZING CERTAIN OF ITS 114EMBERS
TO FILE A ~AIRITTEN ARGUMENT REGARDING
A CITY MEASURE
WHEREAS, a special municipal election is to be held
in the City of Lynwood, California on November 3, 1981, at
which there will be submitted to the qualified electors of
said City a measure described in Exhibit "A" attached hereto
and by this reference incorporated herein as though set forth
in full,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYNWOOD, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE
AND ORDER AS FOLLOWS
SECTION 1 That this City Council, being the
legislative body of the City of Lynwood, hereby authorizes
John D Byork
-- - Eugene R Green
E L Morris
James E Rowe
Louis A Thompson
members of said body, to file a written argument in favor of
the City measure set forth in the recitals hereof in accordance
with Article 4, Chapter 3, Division 5 of the Elections Code of
the State of California and to change said argument until and
including the date fixed by the City Clerk after which no
arguments for or against said City measure may be submitted
to the City Clerk
ADOPTED, SIGNED AND APPROVED this 4th day of
August, 1981
N D BYORK, AYOR
' ITY OF LYNWOOD
ATTEST
G~
JIM WEAVER, ACTING CITY MANAGER
CITY OF LYNWOOD
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES j
I, the undersigned, Cite Clerk of the City of
Lynwood, do hereby certify that the foregoing resolution was
passed a.nd adopted by the City Council of the City of Lynwood
at a _ regular meeting held on the 4th
day of AUGUST ~ 1q 81
AYES Councilmen GREEN, MORRIS, ROWE, THOMPSON, BYORK
NOES Councilmen NONE
ABSENT Councilmen NONE
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Deput City Clerk, City of. Lynwood
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ORDINANCE NO EXHIBIT "A'
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
LYN~NOOD, CALIFORNIA, LEVYING A SPECIAL
TAX FOR FIRE PROTECTION AND PREVENTION
THE PEOPLE OF THE CITY OF LYN~tiOOD, CALIFORNIA, DO ORDAIN
AS FOLLO~tiS
SECTION 1 Purs-want 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 dwelling, or each mobile
home site as hereinafter set forth, in the City of Lyn~a=ood 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 19.84-85 1985-s6
Single Family
(Including condomnums) $38 06 $37 29 $42 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 ft li4 i8 111 87 126 33 138 :~8
5,.000 - 19,999 sq ft 380 60 372 90 42.1 10 462 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 D.~arch 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 Aet (Business and Professions Code Section
11000, et seq )
The tam imposed by 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 1985-86 fiscal year shall be as set forth above for such fiscal
year
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SECTION '3 The special tax imposed by Section 2 shall be
due in two equal installments, in accordance ~~-ith 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 y=ear
being due 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 .law for the due
dates for the other charges and taxes fixed and collected by the
County of Los Angeles in behalf of the City of Lynwood
SECTION 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 votes,
is empowered to suspend all or any 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 prod%ide an adequate level of Fire Department services
in the Ciay., in accordance with the purposes set .forth in this i
Ordinance
SECTION 6 The City 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 Ordinance, in order ~
to conform to state law that permits the County Tax Collector, or j
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 The special tax imposed hereby shall be collected
i.n the same manner, on the same dates, and subject to the same
penalties and interest in accordance with the established dates as,
.o r_ u:ith, .other...charges :and: taxes._.f.ixed~.and,cola-.ected_by__the.._CountS-< .._ ~_l~
of Los Angeles in behalf of the City of Lynwood, and the said County
maj~ deduct its reasonable costs incurred for such sere%ice before ~
remittal of the balance to the City I
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
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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 by the amount unexpended or returned, to the taxpayers on
the same pro rata basis as originally? 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 army one or more sections, subsections, sentences,
clauses.,. phrases, parts or portions thereof, be declared invalid or
unconstitutional
SECTIOfiT 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 LS%nwood, 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. Thin Ordinance shall be adopted if approved as
an initiative measure by two-thirds (2/3)_ of the voters voting at an
election to be he-ld on November 3, 1981, and go into effect ten {1.0)
days after the City Council has, b5T resolution declared that such
initi-ative measure was approved by two-thirds (2/3) of the voters
voting thereon
SECTION 1~3 The City Clerk shall certify to the passage and
adoption of this Ordinance and shall causE the same to be posted,
as required. by law
I
JOH?~~ D BYORK , MAYOR ~
CITY ~OF LYNti9O0D
A'?'TEST ~
JIM ~NEAVER, ACTING CITY CLERK
CITY OF LYNWOOD
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