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HomeMy WebLinkAboutResolution - 3539 STATE OF CALIFORNIA ) RESOLUTION NO. 3539 COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA EXPRESSING ITS INTENT TO COMMIT A CERTAIN PERCENTAGE OF UTILITY USERS TAX (UUT) REVENUE FOR PUBLIC SAFETY PURPOSES. WHEREAS, on August 5, 2014, the City Council of the City of San Jacinto called a General Municipal Tax Election to be held on November 4, 2014, for the purpose of submitting to the voters the question of whether to adopt an ordinance adding Chapter 3.22 to the San Jacinto Municipal Code, which would enact a six and one-half percent (6.5%) utility users tax ("UUT") on utility usage within the City for a period of ten (10) years; and WHEREAS, pursuant to Section 3.22.010 of the proposed UUT ordinance, the UUT is a general tax enacted solely to raise revenue for the general governmental purposes of the City and all of the proceeds from the tax shall be placed in the City's general fund and used for the usual current expenses of the City; and WHEREAS, the general fund pays for essential City services such as police, fire and paramedic services, community center and recreation services, street operations and maintenance, and general municipal services to the public; and WHEREAS, the City Council desires to adopt this resolution expressing this City Council's intent, if the UUT is enacted by the voters, to commit to spend a certain percentage of future UUT revenue for public safety purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. The City Council finds that all of the preceding recitals are true and correct. Section 2. Commitment to Spending UUT Revenue. The City Council hereby expresses its intent, if the UUT is enacted by the voters, to spend the following percentages of future UUT revenue for the following purposes: A. Public Safety: One-Hundred percent (100%) of future UUT revenue shall be spent on the costs of providing public safety services, consisting of: police patrol, response, investigation, apprehension and law enforcement, emergency 9-1-1- response, fire prevention and suppression services, paramedic services, and ambulance services. Section 3. UUT Not Deemed a Special Tax. The adoption of this Resolution shall not be construed, and it is not the City Council's intent, to convert the proposed UUT into a "special tax', as that term is defined Article XIIIC §1(d) of the California Constitution, or California Government Code §§ 53721 and 53724, or any combination thereof. Although this Resolution expresses the intent of the current City Council to spend future UUT revenues for certain purposes, this Resolution is non-binding on any future or subsequently constituted City Council, and the UUT shall remain a "general tax" as that term is defined in Article XIIIC §1(a) of the California Constitution, and as set forth in Section 3.22.010 of the proposed UUT ordinance. Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this 21st day of October, 2014, by the following vote: Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None City of San Jacinto Aomrw I lonso Ledezma, Mayor ATTEST: Richard"Miller, Citylerk APPROVED AS TO FOR Best Best & Krieger LLP JeffreyA. 13allinger, bity Attorney 2 CERTIFICATION 1, Richard Miller, City Clerk of the City of San Jacinto, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 21st day of October, 2014. WITNESS MY HAND AND OFFICIAL SEAL this 215t day of October 2014. Richard Miller, City Clerk City of San Jacinto 3