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1995-161-Calling a Special Election On March 26, 1996; Ordering The Submission Of A Measure Regarding A Utility Users Tax To The VotersRESOLUTION 1995 - 161 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN ON MARCH 26,1996; ORDERING THE SUBMISSION OF A MEASURE REGARDING A UTILITY USERS TAX TO THE VOTERS; DETERMINING THE QUESTION TO BE SUBMITTED TO THE VOTERS REGARDING THE UTILITY USERS TAX; REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS; REQUESTING THE COUNTY BOARD OF SUPERVISORS TO PERMIT CONSOLIDATION OF THE SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE DIRECT PRIMARY ELECTION; SPECIFYING CERTAIN PROCEDURES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION; AND PROVIDING FOR GIVING NOTICE OF THE SPECIAL MUNICIPAL ELECTION WHEREAS, the Town Cormcil of the Town of Los Gatos wishes to submit a utility users tax to the voters of the Town for approval pursuant to Elections Code § 9222 and Government Code §§ 53723 and 53724; and WHEREAS, Exhibit A hereto is the exact form of the question to be voted on at the special election, as it is to appear on the ballot; and WHEREAS, Exhibit B hereto is the proposed ordinance for submission to the voters as it would appear in the ballot pamphlet; and WHEREAS, the earliest and most cost - effective election at which the voters might consider this tax would be on March 26, 1996, which is the statewide direct primary election and a general election in the State; and WHEREAS, pursuant to Section 10403 of the Elections Code, a special Town election may be consolidated with such a general election; and WHEREAS, this Resolution has been adopted by at least a two- thirds vote of all members of the Town Council, Gatos: NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los 1. Pursuant to Elections Code § 12001, a special mumicipal election is hereby ordered and called to be held in and for the Town of Los Gatos on Tuesday, March 26, 1996. The question to be submitted to the voters at that election as it is to be stated on the ballot is contained in Exhibit A hereto, and the text of the measure being voted on in that question is contained in Exhibit B hereto. 2. The proposed utility users tax would be at the rate of two percent (2 %) on specified utility services, collected by the providers of the utility services as part of their regular billings, and be used for general government purposes of the Town. 3. Pursuant to Elections Code § 10002, the Town Council hereby requests the Board of Supervisors of the County of Santa Clara to make available the services of the County Registrar of Voters for the purpose of performing the usual services necessary in the conduct of a consolidated election, including provision of election supplies and voters' pamphlets. 4. Pursuant to Elections Code §§ 10400, 10402, and 10403, the Town Council hereby requests the Board of Supervisors of the County of Santa Clara to consent to and order the consolidation of the special municipal election to be conducted within the boundaries of the Town of Los Gatos on March 26, 1996, with the statewide direct primary election to be conducted on that date, which the Board of Supervisors has the power to order. The Town Council further consents to and orders the consolidation of the special municipal election with the statewide direct primary election. Upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in connection with the election regulated and done by the Registrar of Voters of Santa Clara County in accordance with the provisions of law regulating the elections so consolidated. 5. The Town Clerk is hereby authorized and directed to publish a notice of the special municipal election and notice of measure to be voted on within the time and in the manner specified in Elections Code §§ 12109, 12110, and 12114(a) and (b). The Town Clerk is further authorized and directed to do all other things required by law to conduct the election. 6. Pursuant to Government Code §§ 9282 and 9286, the Town Clerk is further authorized and directed to establish and publish the last date for submittal of arguments for and against the measure; select the argument for and the argument against the measure to be printed and distributed to the voters as set forth in Election Code § 9287; enable preparation and submittal of rebuttal arguments as set forth in Elections Code § 9285. The Town Council hereby adopts the provisions of Elections Code § 9285(a) with regard to rebuttal arguments. 7. The Town Clerk is hereby authorized and directed to transmit a copy of the proposed measure to the Town Attorney. The Town Attorney is hereby authorized and directed to draft an impartial summary in accordance with Elections Code § 9280 and to submit that to the Town Clerk for transmittal to the Registrar of Voters no later than the last date for submittal of arguments for and against the measure. 8. The Town Clerk is hereby authorized and directed to certify to the adoption of this resolution and to transmit a certified copy of the resolution to the Board of Supervisors of the County of Santa Clara and to the Registrar of Voters of the County of Santa Clara. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20th day of November, 1995 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGNED MAYOR ESCALIFORNIA E TOWN OFzLOS GATOS LOS G ATTEST: CLERK F 3`HEITOwN OF LOS GATOS LOS GATOS, CALIFORNIA EXHIBIT A TOWN OF LOS GATOS MEASURE Shall the ordinance amending the Town Code to impose a two percent (2 %) utility users tax on users of specified utility services within the Town of Los Gatos for a period of five (5) years be adopted? A -1 EXHIBIT B Measure _: Text of Proposed Ordinance This ordinance is proposed by the Town Council of the Town of Los Gatos and imposes a two percent (2 %) utility users tax on specified utility services with an automatic sunset clause in five (5) years. PROPOSED ORDINANCE THE PEOPLE OF THE TOWN OF LOS GATOS DO ORDAIN AS FOLLOWS: SECTION I. A new section 25.50.005 is added as follows: See. 25.50.005 Tax Imposed (a) There is hereby established and imposed, commencing June 1, 1996, a utility users tax as follows: (1) Telephone users tax. Upon every person in the Town, other than a telephone corporation, using intrastate telephone communication services in the Town at a rate of two percent (2 %) of the charges made for such services, which tax shall be paid by the person paying for such services. (2) Electrical energy users tax. Upon every person in the Town, other than an electrical corporation or a gas corporation, using electrical energy in the Town at a rate of two percent (2 %) of the charges made for such energy, including minimum charges for such services, which tax shall be paid by the person paying for such energy. (3) Gas users tax. Upon every person in the Town, other than a gas corporation or an C electrical corporation, using gas in the Town which is delivered through mains or pipes, at a rate of two percent (2 %) of the charges made for such gas, including minimum charges for such services, which tax shall be paid by the person paying for such gas. (4) Water users tax. Upon every person in the Town, other than a water corporation, using water in the Town which is delivered through mains or pipes, at a rate of two percent (2 %) of the charges made for such water, which tax shall be paid by the person paying for such water. (5) Cable television users tax. Upon every person in the Town using cable television services in the Town at a rate of two percent (2 %) of the charges made for such services, which tax shall be paid by the person paying for such service. (b) This tax shall be used for the general governmental purposes of the Town. SECTION II A new section 25.50.010 is added as follows: Sec. 25.50.010 Duty to collect: time to begin The duty to collect from a user shall commence with the beginning of the first regular billing period applicable to the person which starts on or after June 1, 1996. SECTION III A new section 25.50.012 is added as follows: See. 25.50.012 Sunset This ordinance shall expire by operation of law for purposes of taxes on any utility service in any regular billing period beginning on or after June 1, 2001. Following that date, this ordinance shall only be effective for purposes of collecting and disbursing taxes imposed on utility services provided before that date. C SECTION IV This ordinance shall be considered adopted on the date that the Town Council declares the vote, and shall go into effect ten (10) days thereafter. N:\SHARE\UT1LRES0.CNL B -3