HomeMy WebLinkAbout1989-03-07; City Council; 9881; Special Municipal Election June 6, 1989L I! E C C C
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TITLE:
SPECIAL MUNICIPAL ELECTION
JUNE 6, 1989
Adopt Resolution No. 8f-33' , calling the Special Election on June 6, 1989.
Adopt Resolution No. f9-0, requesting the Board of Supervisors to consolidate
the Special Election with any other elections to be held on June 6, 1989.
Adopt Resolution No. f7-59, authorizing certain Council Members to file written
arguments regarding the measures.
Adopt Resolution No. Ry-dd, appropriating funds from contingency to pay for the
election.
Introduce Ordinance No. m-52 amending Chapter 3.12.030 of the Carlsbad Municipal
Code to increase the City's Transient Occupancy Tax rate to 10%.
ITEM EXPLANATION:
The Council's Ad Hoc Committee on Recreational Facility Financing has prepared a
report which will be presented to the Council on March 7, 1989, which recommends
that two measures be placed before the voters of Carlsbad. The first action would
ask that the voters approve a proposition which would allow the City to spend
more than $1 million of tax revenue on the construction of golf courses and other
facilities. This measure would provide the Council with the voter approval
necessary to meet the Proposition H limitations on spending of tax revenues. The
Committee's report provides further information about the facilities and the
financing proposal.
The second recommendation asks that the Council place a measure before the voters
authorizing a general increase in the Transient Occupancy Tax. This measure
would take the TOT from the present 8% to 10% in two steps, 1% on July 1, 1989,
and 1% on January 1, 1990. All tax revenues would be used to fund general municipal
services.
Chapter 3.12 of the Municipal Code establishes the City's right to collect a tax
on the rent paid on hotel rooms within the City. This section became effective
on July 21, 1964, and remained unchanged through July, 1988. At that time the
voters of Carlsbad approved a tax increase from 6% to 8%, bringing Carlsbad to the
median tax rate for the state. The current 8% tax rate is expected to generate approximately $3.1 million in 1988-89 from the City's 1,656 hotel rooms. There
are currently 21 hotels in Carlsbad.
Based on current projections a TOT increase as outlined in the Committee recommendation
would raise about $600,000 in 1989-90 and about $850,000 to $900,000 in 1990-91.
The TOT is a "general tax" as defined by the State Constitution, since all revenues
received from this source are used for general city purposes.
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An increase in a general tax requires the approval of a majority of voters casting
ballots on the question in a municipal election.
approval of such tax increases was imposed by Proposition 62, approved in
June, 1987.)
(The requirement for voter
The next election date available to the City Council is June 6, 1989. Documents
calling the election and establishing ballot arguments must be submitted to
the County by March 10, 1989, (88 days before the election date). Documents have
been prepared and must be adopted before that date should Council wish to proceed.
The documents attached to this agenda bill have been drafted using the 10% Transient
Occupancy Tax as the recommended rate with a stepped implementation, 1% July 1,
1989, and 1% January 1, 1990.
If the Council wishes to implement the recommendations of the Citizens Recreational
Facilities Financing Committee, you should take the recommended actions.
FISCAL IMPACT:
The two separate issues before the Council will have significant fiscal impacts
on the City:
1. The proposal to spend general funds on a golf course and other recreational
amenities will not mandate the construction of facilities. It provides the
voter approval necessary to allow the Council to spend tax revenues to
construct recreational facilities. Should the Council find that funds are
available in the General Fund, Council must carefully consider the effect on
other City programs before allocating funds to construction projects.
2. The measure to increase the TOT will provide additional revenue for the
General Fund.
Taxes during fiscal year 1988-89 with a TOT rate of 8%.
in the TOT would bring the rate up to 10%.
the tourist trade during future years, an increase of 2% in the TOT rate
should provide an additional $600,000 or more to the City's General Fund
budget in 1989-90.
The City will receive $3.1 million from Transient Occupancy
An increase of 2%
Assuming no major down-turn in
In the past, hotel operators have suggested that a TOT increase will reduce the
ability of the resort hotels to compete for business with other more desirable
locations. Further, this reduced ability to compete will translate to reduced
occupancy at resort hotels thereby offsetting some of the effect of the rate
increase.
A survey of cities indicate that increase tax rates have generally not resulted
in reduced occupancy or in reduced revenues for the hotel industry, however, the
industry representatives feel strongly that this is a possibility.
The cost for calling a Special Municipal Election will be approximately $68,000.
This cost will be covered by a transfer from the City Council's Contingency
Account.
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EXHIBITS:
1. Resolution No. fy-X7, calling the Special Municipal Election on June 6,
1989.
2. Resolution No. &-fly requesting the Board of Supervisors to consolidate
the Special Election with any other elections to be held on June 6, 1989.
3. Resolution No. 87-57
arguments regarding the measures.
Resolution No. fi-60~ appropriating funds form the contingency acount to
pay for the election.
authorizing certain Council Members to file written
4.
5. Ordinance No. &--zy amending Chapter 3.12.030 of the Carlsbad Municipal
Code to increase the City's Transient Occupancy Tax rate to 10%.
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RESOLUTION NO. 89-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CALLING, ORDERING, PROVIDING
FOR AND GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, THE 6th DAY OF JUNE, 1989, FOR THE PURPOSE
OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY
AN ORDINANCE RELATING TO INCREASING THE TRANSIENT
OCCUPANCY TAX RATE FROM 8% TO lo%, AND A MEASURE
AUTHORIZING THE EXPENDITURE OF FUNDS FOR A GOLF
COURSE AND OTHER RECREATIONAL FACILITIES.
WHEREAS, the City Council of the City of Carlsbad desires to
submit to the qualified voters of said City a proposed Ordinance
to increase the transient occupancy tax rate from 8% to 10%; and
WHEREAS, the City Council of the City of Carlsbad desires to
submit to the qualified voters of said City a measure to
authorize the expenditure of funds for the construction of a
municipal golf course and other recreational facilities, the
cost of which will exceed $1 million; and
WHEREAS, Chapter 1.24 of the Carlsbad Municipal Code and
guidelines adopted for implementation require capital projects
costing in excess of $1 million in tax monies to be placed on
the ballot and approved by a majority of voters voting thereon
at an election; and
WHEREAS, the City Council of the City of Carlsbad is
authorized to submit such Ordinance and Measure to the qualified
voters;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Carlsbad, California, does hereby declare and determine
and order as follows:
SECTION 1. That the above recitations are true and
correct.
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SECTION 2. That pursuant to the requirements of the laws
of the State of California relating to General Law Cities, there
is called and ordered to be held in the City of Carlsbad,
California, on Tuesday, June 6, 1989, a Special Municipal
Election for the purpose of presenting an Ordinance as
hereinafter set forth relating to the transient occupancy tax
and a measure relating to the expenditure of funds for the
construction of a golf course and recreational facilities.
SECrION 3. That the Ordinance to be submitted to the
qualified voters shall be as set forth in Exhibit A attached
hereto and made a part hereof.
SECTION 4. That said City Council, pursuant to its right
and authority to do so, does order submitted to the qualified
voters of the City at said Special Election, the following
questions:
SHALL ORDINANCE NO. NS-52 BE ADOPTED AMENDING lyes I I
CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE TO I I I INCREASE THE TRANSIENT OCCUPANCY TAX RATE FROM 8% TO ]No 1
1 O%? I 1- I
DO VOTERS OF THE CITY OF CARLSBAD APPROVE SPENDING I I I
CITY FUNDS FROM VARIOUS SOURCES INCLUDING THE GENERAL1 I I
FUND IN AN AMOUNT OVER ONE MILLION DOLLARS AS lYes I I
DETERMINED NECESSARY BY THE CITY COUNCIL TO CONSTRUCT1 I I
TWO PUBLIC GOLF COURSES, ONE REGULATION AND ONE SHORT1 I I
COURSE, A MULTI- COURT TENNIS COMPLEX, TWO MULTI- m
PURPOSE ADULr SIZE FIELDS, AND AN ENCLOSED SOCCER I I I
FACILITY? THIS MEASURE AUTHORIZES BUT DOES NOT )No 1 I
REQUIRE SUCH CONSTRUCTION AND MAY INCLUDE THE I I I
EXPENDITURE OF FUNDS FOR PROPERTY ACQUISITION. I I I
SECTION 5. That the ballots to be used at the election
shall be in the form and content as required by law.
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SECTION 6. That the City Clerk is authorized, instructed
and directed to procure and furnish any and all offical ballots,
notices, printed matter, supplies and equipment that may be
necessary in order to properly and lawfully conduct the
election.
SECrION 7. That the polls for the election shall be open
at seven o'clock a.m. of the day of the election and shall
remain open continually from that time until eight o'clock p.m.
of the same day when the polls shall be closed, except as
provided in Section 14301 of the Elections Code of the State of
California.
SECTION 8. That in all particulars not recited in this
resolution, the election shall be held and conducted as provided
by law.
SECTION 9. That notice of the time and place of holding
the election is given and the City Clerk is authorized,
instructed, and directed to give further or additional notice of
said election, in time, form and manner as required by law.
SECTION IO. That the City Clerk shall certify to the
passage and adoption of this Resolution and enter it into the
book of original Resolutions.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 7th day of
March , 1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
42zLBQ&-
ALETHA L. RAUTENKRANZ, City Clerk
( SEAL)
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EXHIBIT "A" TO
RESOLUTION NO. 89-57
ORDINANCE NO. NS-52
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 3, CHAPTER 3.12 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF SECrIONS
3.12.030 TO INCREASE THE TRANSIENT OCCUPANCY TAX
RATE FROM 8% TO 10%.
The People of the City of Carlsbad do ordain as follows:
SECrION 1. That Title 3, Chapter 3.12 of the Carlsbad
Municipal Code is amended by the amendment of Section 3.12.030
to read as follows:
"3.12.030 Imposition -- Amount -- Where payable.
For the privilege of occupancy in any hotel, each
transient is subject to and shall pay a tax in the
amount of nine percent of the rent charged by the
operator. After January 1, 1990, the tax shall be
ten percent for such rent. The tax constitutes a
debt owed by the transient to the City which is
extinguished only by payment to the operator or to
the City. The transient shall pay the tax to the
operator of the hotel at the time the rent is paid.
If the rent is paid in installments, a proportionate
share of the tax shall be paid with each installment.
The unpaid tax shall be due upon the transient's
ceasing to occupy space in the hotel. If for any
reason the tax due is not paid to the operator of the
hotel, the tax administrator may require that such tax
shall be paid directly to the tax administrator."
SECTION 2. The City Council may amend this ordinance from
time to time to add exceptions, or adjust the rate, or
application of tax, or make such other changes as they determine
to be necessary provided the rate of tax to be imposed by this
ordinance shall not be increased.
SECTION 3. In accordance with Section 4013 of the
Elections Code of the State of California, this Ordinance shall
be considered as adopted upon the date that the vote is
declared by the City Council and shall go into effect ten (IO)
days after that date.
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PASSED, APPROVED AND ADOPTED by the People of the City of
Carlsbad at a Special Municipal Election held on the 6th day
of 3une, 1989.
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
Vincent F. Biondo, 3r.,
City Attorney
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HESOLUTION NO. 89-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE
A SPECIAL MUNICIPAL ELECTION TO RE HELD IN THE CITY
OF CARLSBAD ON TUESDAY, THE 6th DAY OF JUNE, 1989,
WITH ANY OTHER ELECTIONS TO BE HELD ON THAT DATE
PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE.
WHEREAS, the City Council of the City of Carlsbad has called
a Special Municipal Election to be held on June 6, 1989; and
WHEREAS, the City Council is submitting to the voters the
question relating to increasing the Transient Occupancy Tax rate
from 8% to 10%; and
WHEREAS, the City Council is also submitting to the voters
the question relating to authorizing the expenditure of funds
exceeding $1 million for the clfnstruction of a municipal golf
course and other recreational facilities; and
WHEREAS, Section 439.1 of the Administrative Code of the
County of San Diego authorizes the Registrar of Voters of the
County of San Diego to render specified services relating to the
conduct of an election to any City which has by resolution
requested the Board of Supervisors to permit the Registrar to
render the services, subject to requirements set forth in that
section; and
WHEREAS, the City of Carlsbad called an election to be held
on the same day in the same territory or in territory that is in
part the same; .and
WHEREAS, pursuant to Part 2.5 (commencing with 23300),
Division 14 of the Elections Code, the Board of Supervisors has
authority to consolidate public district, city, county or other
political subdivision elections with each other or with a
statewide election to be held on the same day;
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NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above-
cited provisions, the Board of Supervisors of the County of San
Diego is hereby requested to permit the Registrar of Voters to
perform and render all services and proceedings incidental to,
and connected with, the conduct of the subject election of the
City of Carlsbad, with cooperation and assistance of the City
Clerk of the City of Carlsbad, such services to include, but not
to be limited to the following activities as are appropriate to
the subject election:
1. Furnish a tabulation of the number of registered voters
in each precinct.
2. Establish voting precincts, secure locations for
polling places, secure the services of election officers for
each precinct as required by law, and furnish a list of
precincts, polling places and election officers for filing in
the Office of the City Clerk of the City of Carlsbad.
3. Prepare and furnish to the election officers necessary
election supplies for the conduct of the election.
4. Cause to be printed the requisite number of sample
ballots, official ballots, polling place slips, rosters, tally
sheets and other necessary forms.
5. Furnish and address the envelopes necessary to mail
sample ballots to the registered voters of the City of Carlsbad.
6. Insert the sample ballots and other printed matter into
envelopes for mailing, and cause the same to be mailed, as
required by law.
7. Assemble the election material and supplies into ballot
bags and make necessary arrangements for their delivery to the
various precincts.
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8. Distribute absent voter ballots as required by law.
9. Receive the returns of the elections and supplies.
IO. Sort and assemble the election materials and supplies
in preparation for the canvassing of the returns of the
elect ion.
11. Canvass the returns of the elections, including the
absent voters ballots.
12. Furnish a tabulation of the number of votes given in
each precinct.
13. Make all arrangements and take the necessary steps to
pay the members of the precinct boards, the polling place
rentals, the persons returning the ballot bags, and to pay all
other costs,of the election incurred as the result of services
performed for the City of Carlsbad and pay for the election
officials the amounts prescribed by the Board of Supervisors of
the County of San Diego.
BE IT FURTHER RESOLVED that pursuant to the requirements of
the laws of the State of California relating to General Law
Cities within said State, the election of the qualified electors
of the City of Carlsbad was called for the purpose of submitting
to the voters an Ordinance relating to the Transient Occupancy
Tax and a Ballot Measure authorizing expenditure of funds
exceeding $1 million for a golf course and other recreational
facilities.
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BE IT FURTHER RESOLVED that the Board of Supervisors of the
County of San Diego is hereby requested to consolidate this
election with any other elections to be held on the same day, in
the same territory, or in territory that is in pact the same.
BE IT FURTHER RESOLVED that if this consolidation is
ordered, then pursuant to Section 23306 of the Elections Code
(a) the election shall be held in all respects as if there were
only one election; (b) only one form of ballot shall be used;
and (c) the Registrar of Voters of the County of San Diego shall
canvass the returns of the subject election as part of the
canvass of the returns of the election or elections consolidated
here'by .
BE IT FURTHER RESOLVED that if this consolidation is
ordered, then pursuant to Section 23305 of the Elections Code,
within the territories affected by this order of consolidation,
the election precincts, polling places, voting booths and
polling hours shall, in every case be the same, and there shall
be only one set of election officers in each of the precincts.
BE IT FURTHER RESOLVED that the County of San Diego shall be
reimbursed in full for the services performed by the Registrar
of Voters for the City of Carlsbad upon presentation of bill
therefor.
BE IT FURTHER RESOLVED AND ORDERED that the City Clerk of
the City of Carlsbad is hereby directed to deliver forthwith
certified copies of this resolution to the Clerk of the Board of
Supervisors of the County of San Diego and to the Registrar of
Voters of the County of San Diego.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 7th day of
March , 1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
lb-zta 4. A-
ALETHA L. RAUTENKRANZ, City CJkrk
(SEAL 1
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RESOLUTION NO. 89-59
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
CERTAIN OF ITS MEMBERS TO FILE A WRITTEN
ARGUMENT REGARDING CITY MEASURES.
WHEREAS, a Special Municipal Election is to be held in the
City of Carlsbad, California, on June 6, 1989, at which there
will be submitted to the voters the following measures:
SHALL ORDINANCE NO. NS-52 BE ADOPTED AMENDING lYes I I
CHAPTER 3.12 OF THE CARLSBAD MlJNICIPAL CODE TO I 1 I INCREASE THE TRANSIENT OCCUPANCY TAX RATE FROM 8% TO INo 1
1 O%? I I I
DO VOTERS OF THE CITY OF CARLSBAD APPROVE SPENDING I I I
CITY FUNDS FROM VARIOUS SOURCES INCLUDING THE GENERAL1 I I FUND IN AN AMOUNT OVER ONE MILLION DOLLARS AS lYes I I
DETERMINED NECESSARY BY THE CITY COUNCIL TO CONSTRUCT1 I I
TWO PUBLIC GOLF COURSES, ONE REGULATION AND ONE SHORT1 I I
COURSE, A MULTI- COURT TENNIS COMPLEX, TWO MULTI- -
PURPOSE ADULT SIZE FIELDS, AND AN ENCLOSED SOCCER 1 I I
FACILITY? THIS MEASURE AUTHORIZES BUT DOES NOT IN0 I I
REQUIRE SUCH CONSTRUCTION AND MAY INCLUDE THE .I I I
EXPENDITURE OF FUNDS FOR PROPERTY ACQUISITION. I I I
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Carlsbad, California, does declare, determine and order
as follows:
SECTION 1. That the above recitations are true and
correct.
SECTION 2. That the City Council authorizes
Claude Lewis
Ann Kulchin
Mark Pettine
John Mamaux
Eric Larson
I.
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to file written arguments regarding the City measures 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 the arguments 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 7th day of
March , 1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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RESOLUTION NO. 89-60
A RESOLUTION OF THE CITY COUNCIL OF THE TY OF CARLSBAD, CALIFORNIA TRANSFERRING FUNDS FOR THE SPECIAL ELECTION TO BE HELD IN JUNE, 1989
WHEREAS, the City Council has determined that a special municipal
election is to be held on June 6, 1989; and
WHEREAS, the registrar of voters for the county of San Diego has
indicated that the cost of calling such special election will be
approximately $68,000; and
WHEREAS, the City of Carlsbad must pay all costs for such special
elect ion;
WHEREAS, funds are available to cover the cost of said election in
the City Council’s Contingency Account;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, that the amount of $68,000 is
Council’s Contingency Account to the C
election expenses related to the special
June 6, 1989.
PASSED, APPROVED AND ADOPTED by
hereby transferred from the City
ty Clerk’s operating budget for
municipal election to be held on
the Carlsbad City Council at a
regular meeting thereof held on the 7th day of March , 1989, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
None ABSENT:
ATTEST:
(SEAL)
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I ''3.12.030 Imposition -- Amount -- Where payable.
~ For the privilege of occupancy in any hotel, each
transient is subject to and shall pay a tax in the
amount of nine percent of the rent charged by the
operator. After 3anuary 1, 1990, the tax shall be
ten percent for such rent. The tax constitutes a
debt owed by the transient to the City which is
extinguished only by payment to the operator or to
the City. The transient shall pay the tax to the
operator of the hotel at the time the rent is paid.
If the rent is paid in installments, a proportionate
share of the tax shall be paid with each installment.
The unpaid tax shall be due upon the transient's
ceasing to occupy space in the hotel. If for any
reason the tax due is not paid to the operator of the
hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator.''
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~ application of tax, or make such other changes as they determine
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1 to be necessary provided the rate of tax to be imposed by this
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ORDINANCE NO. NS-52
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 3, CHAPTER 3.12 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF SECrIONS
3.12.030 TO INCREASE THE TRANSIENT OCCUPANCY TAX
RATE FROM 8% TO 10%.
The People of the City of Carlsbad do ordain as follows:
SEUION 1. That Title 3, Chapter 3.12 of the Carlsbad
Municipal Code is amended by the amendment of Section 3.12.030
to read as follows:
SECTION 2. The City Council may amend this ordinance from
time to time to add exceptions, or adjust the rate, or
ordinance shall not be increased.
SECTION 3. In accordance with Section 4013 of the
Elections Code of the State of California, this Ordinance shall
be considered as adopted upon the date that the vote is
declared by the City Council and shall go into effect ten (IO)
days after that date.
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INTRODUCED AND FIRST READ at a Regular Meeting of the
Carlsbad City Council on the 7th day of March , '1989, and
thereafter
PASSED, APPROVED AND ADOPrED at a Regular Meeting of said
City Couhcil held on the 14th day of March , 1989, by the
following vote, to wit:
AYES: Council Members Lewis, Pettine and Larson
NOES: None
ABSENT : Council Members Kulchin and Mamaux
AUDE A4 LEWIS, Mayor
ATTEST:
erk
(SEAL)
APPROVED AS TO FORM AND LEGALITY: \
City Attorney U