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HomeMy Public PortalAbout08-06-1997CC_sp- ~.:. .., ~- :. I CIT OF LYNWOOU CITY CLERKS OFrICE BUG X S 1991 . ~ - AM . - - ~'~Ss9~I0~11~12~1~2~~t4o5i6 AGENDA ITEMS ON FILE FOR CONSIDERATION - AT THE SPECIAL MEETING OF THE LYNWOOD CITY COUNCIL TO BE HEtD ON AUGUST 6, 1997 5:30 p.m. - CITY HALL COUNCIL CHAMBERS' ROOM PAUL H. RICHARDS, It - MAYOR ' ROBERT HENNING ~ LOUIS BYRD .MAYOR PRO-TEM COUNCILMEMBER . ARMANDO REA - - COUNCLLMEMBER ' CITY MANAGER. CITY ATTORNEY FAUSTIN GONZALES WILLIAM B. RUDELL - CITY CLERK - CITY TREASURER - ANDREA L. HOOPER IRIS PYGATT - - OPENING CEREMONIES <: - - 1. CALL TO ORDER - 2. ROLL CALL OF COUNCIL MEMBERS - - - LOUIS BYRD - . - -ROBERT HENNING ' ~ - ARMANDO REA PAUL RICHARDS . - 3. ~ CERTIFICATION OF AGENDA POSTING. BY CITY CLERK ~- t (~ - ~ ~ SPECIAL COUNCIL MEETING OF AUGUST 6, 1997 4. TAX REDUCTION PLAN ~ , Comments: The purpose of this item is to have the Lynwood City Council adopt: 1'. Resolution decreasing the F.Y. 1996-97 rate voter approved retirement levy; and 2. Related ordinance and resolutions proposing a "Tax . Reduction and of Rate Stabilization Plan" - Recommendation: - Staff respectfully recommends that the Lynwood City Council . adopt resolutions and ordinance relating to rate adjustment in . voter approved retirement levy and the "Tax Reduction and Rate Stabilization Plan". MOTION TO ADJOURN TO A REGULAR MEETING TO BEHELD ON AUGUST 19, 1997 AT 7:30 P.M., IN THE CITY HALL COUNCIL CHAMBERS; CITY OF LYNWOOD,~CALIFORNIA. i ~. DATE: August 6, 1997 TO: The Honorable Mayor and Members of the City Council FROM: Faustin Gonzales, City Manager BY: Alfretta F. Earnest, Asst. City Manager/Director of Finance SUBJECT: Tax Reduction and Rate Stabilization Plan PURPOSE: The purpose of this item is to have the Lynwood City Council adopt: ~~~ 1) establishing the F.Y. 1997-98 tax rate (which is a reduction in F.Y. 1996-97 tax rate) for the voter-approved Retirement Fund; and 2) Resolutions and proposed ordinance relating to a "Tax Reduction and Rate Stabilization Plan". BACKGROUND: In December 1996, a Tax Reduction Task Force was established to determine options for implementing a tax reduction and rate stabilization plan. In addition to alternatives for- tax reduction, the task force also researched means to provide funding for improvements in: • Public Safety alternative (law enforcement and fire services) • Street Reconstruction and Repairs • Parks and Recreation Services • Other Community Services The task force also reviewed the F.Y. 1996-97 tax rate for the voter-approved Retirement Fund and the obligations that had been incurred in administering the City's retirement system. The task force was concerned that the rate is wazzu subject to various substantial increases, depending. on the number of employees and other factors. It is anticipated that the Resolution Tax Reduction and Rate Stabilization Plan will provide significant savings and efficiencies. It is also recognized that some revenue source is still needed to recover any remaining fiscal gap. Accordingly, the task force is proposing several methods to help stabilize and reduce tax rates. These methods include: 1) The repeal of Curbside Recycling Fees (effective upon plan adoption). 2) Rate reduction in the Utility Users Tax (effective upon plan adoption). 3) Reduction in voter-approved Retirement Levy (effective immediately upon adoption of Council resolution). ANALYSIS: A special election is being proposed at which Lynwood residents would vote on the proposed tax reduction plan. The election would be held in conjunction with the general election on Tuesday, November 4, 1997. A brief description of the attached resolutions and proposed ordinance relating to the tax reduction and rate stabilization plan is as follows: __ __ A 221 ~ ~ 1) Resolution Adjusting Retirement Levy -reduces the tax rate for F.Y. 1997-98 below the rate that was established for F.Y. 1996-97. 2) Resolution Proposing the "Tax Reduction and Rate Stabilization Plan" -calls for a special election relating to a .Special Parcel Tax. 3) Ordinance to be submitted to the voters authorizing the "Tax Reduction and Rate Stabilization Plan" and the Special Parcel Tax. 4) Resolutions authorizing Councilmembers to file written arguments for or against the City Proposition, and providing for the filing of rebuttal arguments. 5) Resolution Repealing Monthly Fee for Residential Curbside Recycling Program -this ,resolution becomes effective only upon passage of the ballot proposition. 6) Resolution Reducing Rate of Utility Users Tax -this resolution becomes effective only upon passage of the ballot proposition. The above resolutions and proposed ordinance (items 2 through 4) satisfy the procedural steps . that the City must follow in submitting the tax measure for voter approval at the special election proposed to be held on November 4, 1997. RECOMMENDATION: Staff respectfully recommerids that the Lynwood City Council adopt the resolutions relating to the F.Y. 1997-98 tax rate for the voter-approved Retirement Fund and the ordinance relating to the "Tax Reduction and Rate Stabilization Plan". RESOLUTION NO. ~ ~ , A. RESOLUTION :OF THE CITY COUNCIL OF THE CITY. OF LYNWOOD ADJUSTING THE RATE ~OF AND LEVYING TAXES .FOR THE CITY'S - CONTRIBUTION TO THE RETIREMENT FUND. . ," ~ WHEREAS, on April and 16, 1946, -the electors of the City of Lymvood adopted Ordinance No. 426 that approved the State Employees' .Retirement System as the retirement system ADOPTED for officials and employees of the City of Lynwood and authorized the City - . Council to levy taxes to maintain the .City's share of contributions to that retirement system; and WHEREAS, on November 5, 1974, the electors . of the -City of Lynwood adopted Ordinance No 975 that amended Ordinance No. 426, as well as the contzact between the City the Public Employees Retirement System, to include unproved retirement benefits for local safety ; members in the City. of Lynwood and further authorized the City :Council to levy such taxes as may be determined necessary to maintain the City's share of those improved retirement benefits; and . WHEREAS, on July 12, 1996, the City Council adjusted the rate of the tax levy to pay . obligations incurred for the maintenance and operation of the Retirement Fund during prior years; and WHEREAS, it is the obligation of the City- Council to levy a tax in an amount sufficient to pay forthe-costs and expenses related to the rnairrtenance and operations of the Retirement Fund . -that has been established to fund the voter approved retirement system and retirement benefits; NOW, THEREFORE, THE CITY COUNCIL OF 'THE CITY OF LYNWOOD DOES RESOLVE AS FOLLOWS: - Section 1. The specific rate of the tax to be collected to pay for the costs .and expenses _ wazzu related to~ the Retirement Fund for fiscal year- 1997-1998 is hereby determined- and established as $0.1875 for each $100 of assessed valuation. - Section. 2. The tax shall be collected in the same. manner as ordinary ad valorem property taxes, are collected. ~ . Section 3. The Auditor-Controller of Los Angeles County is requested to enter on the next - Couni<~ assessment -roll on which taxes :will become .due, opposite. ,each lot or parcel of land . affected, the installment of the tax that is then due and the rate of that tax. Section 4. The effective date of the new-tax rate, as: established herein, is July 1,.1997, Section S The City Clerk. is directed to certify to the passage and adoption of this resolution and to transmit a certified "copy of this resolution to the Auditor-Controller ~of Los..- Angeles County. PASSED;: APPROVED AND ADOPTED this day of 1997. . . ~ PAUL H. RICHARDS II, MAYOR AT~'EST:. i ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM. CITY ATTORNEY i APPROVED AS TO CONTENT: FAUSTIN GONZALES, CITY MANAGER CITY OF LYNWOOD - LOS ANGELES COUNTY, CALIFORNIA - - ~ RESOLUTION NO. 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD PROPOSING ` A ~ TAX REDUCTION AND RATE STABILIZATION PLAN FOR THE PURPOSE OF - REDUCING UTILITY USERS TAX RATES, ELIlI~IINATING THE MONTHLY FEE FOR THE RESIDENTIAL CURBSIDE ~ ~ RECYCLING PROGRAM, AND PROVIDING FUNDING FOR IMPROVEMENTS IN PUBLIC SAFETY SERVICES, STREET REPAIRS AND IMPROVEMENTS, .AND IMPROVEMENTS IN PARKS AND RECREATION SERVICES AND OTHER COMMUNITY SERVICES, WHICH PLAN IS DEPENDENT - -UPON THE ADOPTION OF A SPECIAL TAX WITHIN THE CITY, PURSUANT TO GOVERNMENT CODE, SECTION.. 53724; CALLING AND GIVING NOTICE .OF THE HOLDING .OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4;1997; SUBMITTING TO THE VOTERS IN THE CITY A PROPOSITION FOR THE ENACTMENT OF AN ORDINANCE IIVIPOSING A SPECIAL PARCEL -TAX WITHIN THE CITY PURSUANT :TO GOVERNMENT CODE SECTION 53724 AND ELECTIONS .CODE SECTION 9222; AND REQUESTING THE .BOARD =OF - 'SUPERVISORS OF THE COUNTY OF -LOS ANGELES TO CONSOLIDATE THE ` ~ SPECIAL -MUNICIPAL ELECTION WITH THE SCHOOL DISTRICT .ELECTION TO ` - - BE HELD ON NOVEMBER 4,1997 WHEREAS, the City Council. of the City of Lynwood desires to call a special election for the purpose of submitting to the qualified electors of the City the question of whether. they will approve a proposition to be known as the "Tax Reduction and Rate Stabilization Plan"; ..and - . , . WHEREAS, if adopted; the proposition will reduce utility users tax rates,_eliminate the monthly .fee for the residential curbside recycling program, and .provide funding .for improvements in law enforcement and fire services, street repairs and improvements, and improvements in park recreatiomservices and othercommunity services; and - , WHEREAS, in accordance with the' requirements of the laws. of the State of , California relating to general law cities, the City Council of the City of Lywnood calls and orders to - be held in the City of Lynwood, California, on Tuesday; November 4, 1997, a Special Municipal to .. enable the qualified electors~of the City to determine whether to adopt-the Tax Reduction and Rate Stabilization Plan; NOW, T>FIEREFORE, THE CITY Election COUNCIL OF TIIE CITY OF ` LYNWOOD RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: . ,. SECTION 1. The adoption of a special tax for. the purpose of reducing utility users tax rates, eliminating the monthly fee for the residential curbside recycling program, and providing ~ ~ ' . - funding fore improvements in public safety. services, street repairs and improvements, improvements ` in parks- and recreation services and other community services, is hereby proposed in accordance: with Government Code ~ Section 53724(x) in the form and at the rates stated in Ordinance No. _, which. is attached hereto and incorporated by this reference. The type of tax, the rate and maximum amount of tax, the permissible uses of the tax, -arid the method of its collection are stated in . ~ , Ordinance No. In accordance with Government Code .Sections 50077 and 53724(d), this proposal will be presented to the voters residing within the City at a special election .called for that. . purpose to be held on November 4, 1997. SECTION 2. In accordance -with the requirements of the laws of the .State of .~ California dating to general law cities, there is hereby called and ordered to be held within the City . of Lynwood, California, on Tuesday, November 4; 1997, a Special Municipal Election to be conducted as required by all applicable provisions of the California Elections Code. SECTIOLT s In accordance with California Elections Code Section 9222, the City . Council orders submitted to the voters at the Special Municipal Election the following question: . PROPOSITION _ - . ~._ . -Shall Ordinance No. , `to be known as "Tai Reduction and Rate. • Stabilization Plan," be adopted to levy a Special. Parcel Taz for the purpose of reducing utility users tax rates, eliminating the monthly fee for: the residential curbside recycling program, and providing funding for improvements in Public Safety _ - services,. street repairs and improvements, and improvements in~park and recreation • services and other community services? SECTION 4. _By..Resolution No. 97-92, adopted by the City Council on June 17,. 1997, the City Council called and gave notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 1997, for the election of certain officers-_ as required by the provisions of the laws of the State of California relating to general law•cities. SECTION 5. By. Resolution No. 97-91; adopted by the City Council on June 17, 1997, the City Council requested the Board of Supervisors of the County of Los Angeles to consolidate the General Municipal Election to be held on November 4, 1997, .with the School - District Election to be held on that same date, pursuant to Section 10403 of the California ~ections - Code. SECTION 6. In accordance with Section 10403 of the California Elections Code, the Board of Supervisors of the County of Los Angeles is requested to consent ~ and agree to ~ the consolidation of the Special Municipal Election referenced above in Section 2 with the School. District Election to be held on November 4, 1997. _ SECTION 7. The ballots to be used at the Special Municipal Election called for by this Resolution will be in form and content as required by law. SECTION 8. The City Clerk is directed to cause to be published a synopsis of the - .. proposition to be submitted at the Special Municipal Election in the time,' manner, and form required by Section 1211.1 of the California Elections Code. ,. ~- SECTION 9. In accordance with`Section 10002 of the California Electior'~s Code, - the Boazd of.Supervisors of Los Angeles County is requested to consent to the Registraz of Voters rendering election services to he City of Lynwood as may be requested by the City Clerk, and the " County of Los Angeles will be reimbursed in full for all services that aze performed. SECTION 10. The election services that- the City of .Lynwood requests the Registrar of Voters, or such other. official as may be appropriate, io perform, and which .cervices that officer is authorized and directed to perform if the Boazd of Supervisors consents, include: the preparation, printing, and mailing of the official and sample ballots, the canvassing of the returns of „ the election, the furnishing. of the results of that .canvassing to the City Clerk of the City of Lynwood, -and the performance of such other election services as may be requested by the City _ Clerk. ~,._ ~~~ ~ . . SECTION.11. The polls for the election will be open at seven o'clock am. of the day of the election and will remain open continuously from that time until eight o'clock p.m. of the _ same day .when the. polls will be closed, except as provided in California Elections Code Section 14401. _ . . ' SECTION 12. In all particulars not recited in this Resolution, the election will be held and conducted as provided by law for the holding of municipal elections. SECTION 13. Notice of the, time and place of holding: the election is hereby given, and' the City Clerk is directed to give further or additional. notice of the election, in the time, manner, and form as required by-law. SECTION 14. The City Clerk will receive the canvass as it pertains to the Special Municipal Election, and will certify the results to this City Council,. as required by law... SECTION 15. The City Clerk is directed to certify to the passage 'and adoption of a . this Resolution and to file a certified copy of this Resolution with the Los Angeles County Board of Supervisors and the Los Angeles Election Department. ' PASSED, APPROVED, AND ADOPTED this day of _, 1`997. . . Paul H: Richards. II, MAYOR ATTEST: ANDREA L. HOOPER, CITY CLERK ' ~ APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Faustin Gonzales, City Manager 1 _ - r~ AN ORDINANCE OF THE PEOPLE OF THE .CITY OF. LYNWOOD AMENDING THE LYNWOOD MUNICIPAL CODE BY IMPLEMENTING A TAX .REDUCTION AND •RATE STABILIZATION PLAN FOR THE PURPOSE OF .REDUCING UTILITY USERS TAX RATES, ELIlVIINATING THE MONTHLY FOR THE RESIDENTIAL CURBSIDE RECYCLING PROGRAM,.AND PROVIDING FUNDING FOR IMPROVEMENTS IN PUBLIC SAFETY SERVICES, STREET .REPAIRS AND . IMPROVEMENTS AND IMPROVEMENTS IN PARKS AND RECREATION . SERVICES AND ~ OTHER CO 'SERVICES, AND LEVYING A SPECIAL PARCEL .TAX WITHIN THE CITY .THE PEOPLE OF THE CITY OF LYNWOOD DO ORDAIN AS FOLLOWS: Section L Anew Section 6-6 is added to Chapter 6 of the Lynwood Municipal Code to read as follows: ' K6-6 SPECIAL PARCEL TAX 6-6.1 Title and Purpose. (a) The special fund referenced in Subsection 6-6.6 is for the purpose of implementing the "Tax Reduction .Rate .and Stabilization Plan" approved by the ~. electors of the City... (b) The special tax imposed by this Section may be referred to as the "Lynwood Special Parcel Tax." 6-6Z Definitions (a) "City" means the territorial. limits of the City of Lynwood. - (b) "Fiscal yeaz" means the period starting on July 1, and ending the ~ ' following June 30. (c)' "Non-residential pazcel" means a parcel that6 ,according to the 'records of the Los Angeles County Assessor as of Mazch 1 of the preceding fiscal year, is not designated for residential use. (d) "Pazcel" means each contiguous unit of improved or unimproved "real property held in separate ownership, including but not limited to any single family residence or any other unit of real property subject to the Subdivision Map Act {Government Code .Sections 66410 et sea 1 that is within the boundaries of the City, based on the Los Angeles County equalized tax roll. (e) "Residential dwelling unit" means any single family residence, multiple family residential unit, or mobile home residential unit. {f) "Residential parcel" means a parcel that, according to the records .. of the Los Angeles County Assessor as of March 1 of the preceding fiscal year, is designated for residential use. - 6-6.3 Imposition -of Special Tax. In accordance. with the.. authority conferred by Article XI, Section 7, of the California Constitution and Government Code Section 37100.5, a special tax is authorized to be imposed on each and every pazcel of property located within the boundaries of the City of Lynwood for- each fiscal yeaz, commencing with fiscal yeaz 1998-99. .The tax may be imposed annually by resolution of. the City Council. in amounts .deemed necessary by the .City Council to generate sufficient revenue to -fund the tax and rate reductions, programs, and services specified. in Subsection 6-6.6, but in no event may the tax exceed the maximum amounts authorized, in Subsection 6-.4 without the approval of two-thirds of the voters of the City voting on the question. 6-6.4 Maximum Amount of Tax. .The amount of the tax. ., imposed, each f scab year may in no event exceed $75.00 per vacant residential parcel and ` per residential dwelling unit and $300.00 per non-residential pazcel located within the City . . 6-6.5 Method of. (a) The special tax imposed by this Chapter will be collected in the - same manner, on the same dates, and subject to the same.penalties and. interest as other charges andaaxes fixed and collected by Los Angeles on behalf of the City of Lynwood. • (b) The special tax, together with all penalties and interest thereon, constitutes a Lien on the parcel upon which it is wazzu levied until it has been paid, and . the special tax, together with all penalties and interest thereon, constitutes a personal obligation to the City, of Lynwood by the owners of the pazcel on the date the tax is due. 6-6.6 Special Fund; Use of Taz Proceeds. The revenue raised by the special tax imposed by this Section must be placed. in a special fund to be used by • the City for the purpose of reducing. and stabilizing the rates and charges described below, and for the purpose of funding the tax -and rate reductions, programs, and services _ _ . ~ .described below, as may be ..determined by FEE the City Council in the course of adopting the City's annual budget: (a) The reduction, and stabilization of utility users tax rates. , (b) The elimination of the monthly fee for the residential curbside recycling program. . (c) .The improvement of public safety services. (d) Street improvements and repairs. • (e) ~ Improvements in park and recreation services and other . = -. community services. 6-6.7 Amendments to this Section. (a) The City Council is empowered to amend this Section by three affirmative votes of its members in order. to carry out its. general purposes in conformity . with State law, including those provisions of State law that permit the County Tax Collector , or any other. authorized official,.. to collect the special .tax levied by this Section in conjunction with County taxes.. : ` (b) In no event. may any amendment to this Section authorized above . in paragraph (a) result in an increase in the maximum amount of the tax set forth in Subsection 6-b.4, or a change in the uses to which the tax revenue must be apportioned as set forth in Section 6-6.6. . , ~ ~ . ,. 6-6.8 Exemptions. The special tax imposed by .this Section may not be imposed upon a federal or state governmental agency, or upon another local . governmental agency, or upon any parcel of property hat is exempt from the special tax ` imposed by this Section under any provision of the Constitution or any. paramount law:" Section 2. If any provision of this ordinance, or its application to any person or circumstances, is held invalid or unconstitutional by any court of competent jurisdiction, that invalidity or unconstitutionality will not affect .any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The .City- Council, and the electorate by referendum, declare that they -would have adopted ._. - this ordinance, and each section, subsection, sentence, clause, phrase, part or portion thereof; irrespective of.the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions~of it might be declared invalid or unconstitutional: Section 3• The provisions of this ordinance, other than those provisions that authorize ,its amendment by the Lynwood City Council,, may only be amended or `repealed by~ the approval of two-thirds of the voters voting on the ordinance, or any provisions thereof; at any initiative or referendum election. ~ . Section 4. This ordinance must be referred to, and will become effective . ~' only if approved by two-thirds of, the voters of the City voting at a Special 1Vlunicipal ~ . Election to be held November 4; 1997, and will take effect ten days after the City- Council has, by resolution, declared that this is ordinance was approved by two-thirds of the voters voting on it. . ~ Section 5. The Mayor is authorized to certify to the passage .and . adoption of .this ordinance if it is approved by two-thirds of the electorate voting on it at the Special Municipal Election to be held on November 4, 1997.. I certify that this ordinance was PASSED, APPROVED, AND ADOPTED by the people of the City of Lynwood on November 4,1997. . PAUL H. RICHARDS, II. MAYOR ATTEST: . ,. ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTORNEY FAUSTIN GONZALES ~. ~ City Manager CITY OF LYNWOOD LOS ANGELES- COUNTY, CALIFORNIA RESOLUTION NO. - . ~ ~, A RESOLUTION OF-THE -CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING A CITY PROPOSITION .. THE CITY COUNCII, OF THE CITY OF LYNWOOD FINDS, DETERMINES, , ORDERS AND RESOLVES AS Election FOLLOWS: Section 1. The City Council has called a Special Municipal to be held in the City on November, 4, 1997, at which time there will be submitted to qualified electors of . the the following proposition: wazzu = Section 2. The City Council authorizes: ., (Councilmember in City Favor/Against) ` (Councihnember in Favor/Against) (Councihnember in Favor/Against) (Councilmember in Favor/Against) as members of that body, to .file the written argument or arguments regarding the City _ proposition set forth above. in Section 1 in accordance with applicable provisions of the California Elections Code and to change that argument until and including the date fixed by the City Clerk .after which no arguments for or against the. City .proposition may be submitted. ~ . Section 3. The City Clerk is directed to certify to the passage and adoption of this resolution. . .PASSED, APPROVED, AND ADOPTED this day of ,1997. PAUL H. RICHARDS, II, MAYOR ATTEST: ANDREA L. HOOPER, CITY CLERK ~. APPROVED AS TO FORM: APPROVED AS TO CONTENT: " WII,LIAM RUDELL, CITY ATTORNEY FAUSTTN GONZALES, CITY MANAGER CITY OF _LYNWOOD LOS ANGELES COUNTY, CALIFORNIA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF 'THE CITY. OF LYNWOOD PROVIDING FOR,THE,FILING OF REBUTTAL ARGUMENTS FOR .CITY PROPOSITIONS AT MUNICIPAL ELECTIONS.. -WHEREAS`, Sections9220 and 928'5 of -'the California Elections Code authorize the City Council, by majority vote, to provide for the.fiZing of rebuttal arguments for City propositions; . NOW, THEREFORE, THE. CITY COUNCIL OF THE CITY OF LYNWOOD ~` RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: SECTION 1. In accordance with Sections g'220 and. 9285 of the California Elections Code, when the City Clerk .has selected the arguments for and against the proposition that will be printed and distributed to the. voters, the City Clerk must send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may. prepare. and submit rebuttal arguments not exceeding 250 words. The rebuttal-arguments must be filed with the City Clerk not more than 10 days .after the final date for filing direct arguments. Rebuttal arguments must be printed in the same manner as the direct arguments. Each rebuttal argument will immediately follow the direct argument that it seeks to rebut. SECTION 2. All previous resolutions providing for the ' filing of rebuttal arguments :f or City propositions .are hereby repealed. SECTION 3.. The provisions of Section 1-apply only to the Special Municipal Election to be held on August 5, 1997, and this resolution is thereafter repealed. . PASSED, APPROVED, and ADOPTED this .day of ' , 1997.. P11UL H. RICHARDS, II, MAYOR ATTEST: ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY moaii 10512-0000r sye 0593002 0 A •RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF LYNWOOD REPEALING SECTION 3 AND 4 OF RESOLUTION NO. 94-154 RELATING TO THE $2.95 .TOTAL MONTHLY FEE FOR THE RESIDENTIAL .CURBSIDE RECYCLING PROGRAM, AND •- ENVIRONMENTAL SURGHARGE AND DECLARING THAT REPEAL TO BE EFFECTIVE UPON VOTER APPROVAL OF PROPOSITION THE CITY COUNCIL OF THE CITY OF LYNWOOD RESOLVES AS FOLLOWS: Section 1. Conditioned upon voter approval of Proposition as specified . , ~ .below in Section 2, the City Council repeals Section 3 and 4 of Resolution No. 94-154; as adopted on September 20, 1994, which Section 3 and 4 currently provides as follows: • ~ Section 3. Rate for AB 939 Environmental Surgharge shall be $0.40 per month .per single family dwelling and per unit for multi-family dwellings to pay for adminsitration of the State mandated AB939 program. Section 4. Rate or Curbside Re clip Pro am shall be $2.55 per month per ' - single family dwelling and per unit for multi-family dwellings, in order to provide for a residential` curbside recycling program to include all reporting under AB939 and an.extensive public information campaign,by Western Waste Industries. 50% of the revenue from the sale of recyclables in excess of the .first $0.50 per unit per month shall be paid to City by Western Waste Industries. Section 2. This resolution will take e$'ect the only if the electorate of the City of Lynwood, voting at a Special .Municipal Election to be held on November 4, 1997, approves Proposition by two-thirds vote. . . Section 3. The City Clerk is directed to certify to the passage and adoption of this - _ Resolution. ` PASSED, APPROVED, AND this day of , 1997. -PAUL H. RICHARDS II, MAYOR . City of Lynwood ATTEST: ANDREA L. HOOPER, CITY CLERK . City of Lynwood APPROVED AS TO CONTENT: Faustin Gonzales CITY.MANAGER i .. ~ ~ . ''s > RESOLUTION NO. , A RESOLUTION~OF THE CITY COUNCII. WILI.OF THE CITY , °OF LYNWOOD AMENDING SECTION 6 OF RESOLUTION NO. 90-191 RELATING TO THE APPLICABLE RATE. OF U.TII,ITY ~ - ;.USERS TAX, AS ESTABLISHED IN CHAPTER 6-S OF THE _ ' LYNWOOD MUNICIPAL CODE, AND DECLARING THAT SAID ' .. AMENDMENT .BECOME EFFECTIVE UPON VOTER " APPROVAL OF PROPOSITION NO. ` - THE CITY authorized. COUNCIL OF :THE CITY OF LYNWOOD ' RESOLVES AS FOLLOWS: Sect_ ion 1. Conditioned upon voter approval of Proposition as specified below in .Section 2, the City. Council amends in its entirety Section 6 of . Resolution No. 90-191, as adopted on November 12, 1990, to read as follows: .,SECTION 6. SCHEDULEFOR IMPL~A770N ~. ~ , Effective as of 1997, each of the utility users taxes by Ordinance No. 13 52 is reduced in an amount equal to ten percent (10%) " of the then-existing tax rate.' This reduction will be implemented by all service suppliers during the billing cycle immediately following the effective date set forth above. Existing exemptions for qualified individuals are not affected by this reduction in the utility users tax rate." - Section 2. This resolution will take effect only if the electorate of the City of Lynwood, voting at a Special Municipal Election to be held on November 4, 1997, - . approves Proposition by atwo-thirds vote. Section 3. If Proposition is approved as provided for in Section 2, the City Clerk is' directed to insert in the blank line that appears above in Section 1 the date occurring 1-0 days after the City Council has, by resolution,. declared that Proposition was, approved by two-thirds of the voters. ' ~. Sect. won 4. The City Clerk is directed to certify to the passage and .adoption of this Resolution. " ~: ,. ` . : " ~ PASSED APPROVED, and ADOPTED THIS day. of .1997.. " ~ PAUL H. RICHARDS, II, MAYOR ATTEST: ~ " " 4.. ~ ANDREA L. HOOPER, CITY CLERK - ~ ...APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTORNEY FAUSTIN GONZALES, CITY. MANAGER I i . - ~ .- I