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Home My WebLink About1987-07-28; City Council; Resolution 91651 2 3 4 5 6 7 a 9 IC 11 12 13 14 15 1E 17 1E 1s 2c 21 22 2: 24 25 2E 27 2E RESOLUTION NO. 9165 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 3RD DAY OF NOVEMBER, 1987, FOR THE ' PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY AN ORDINANCE RELATING TO A BUSINESS LICENSE TAX ON NEW CONSTRUCTION. WHEREAS, the City Council of the City of Carlsbad finds that new construction and development will necessitate additional public facilities; and WHEREAS, the City Council of the City of Carlsbad desires that new construction in the City of Carlsbad be required to pay toward the public facilities necessary to serve such construction; and WHEREAS, the City Council of the City of Carlsbad desires to submit to the qualified voters of said City a proposed Ordinance relating to a business license tax on new construction; and WHEREAS, City Council of the City of Carlsbad is authorized to submit such Ordinance to the qual if i ed voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND DETERMINE AND ORDER AS FOLLOWS: SECTION 1. 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, November 3, 1987, a Special Municipal Election for the purpose of presenting an Ordinance as hereinafter set forth relating to a License Tax on New Construction. SECTION 2. That the Ordinance to be submitted to the qualified voters shall be as set forth in the attachment hereto marked "Exhibit A" and incorporated herein by this reference. 3 1 2 3 4 5 6 7 a 9 1c 11 12 12 14 1: 1f 17 1E 1E 2( 21 2: 2; 21 2f 2t 2' 21 TAX ON NEW CONSTRUCTION AND TO AUTHORIZE AN INCREASE TO3.5% TO INSURE THAT NEW DEVELOPMENT GENERATES THE GENERAL REVENUES NECESSARY TO PROVIDE THE FACILITIES AND SERVICES REQUIRED BY THE GROWTH MANAGEMENT PLAN. SECTION 3. That said City Council , pursuant to its right and authority to NO r lo SO, does hereby determine that there shall be and there is hereby ordered submitted to the qualified voters of said City at said Special Election, the Following Measure, to wit: SHALL ORDINANCE NO. 6082 BE ADOPTED AMENDING CHAPTER 5.04 OF THE CARLSBAD MUNICIPAL CODE TO RATIFY THE EXISTING 2.50% LICENSE I YES I 1 A cross (t) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the ordinance. A cross (t) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the Ordinance. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter, supplies and equipment that may be necessary in order to properly and lawfully conduct the election. SECTION 6. 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 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law. SECTION 8. 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 1 2 3 4 5 6 7 E 1 1( 1: 1: 1: 1d li 11 1 *- 1 1 2 2 2 2 2 2 2 2 2 5 r additional notice of said election, in time, form and manner as required by aw. SECTION 9. That the City Clerk shall certify to the passage and adoption f this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of he City of Carlsbad on the 28th day of July , 1987, by the following ,ate, to wit: AYES: NOES: None Council Members Lewis, Kulchin, Pettine, Mamaux, and Larson \BSENT: None MHA L .JAUTSPI1(RAm- C hREK R. KUNDTZ, Deputy City Clerk (SEAL) I ? r 1 t E 3.1 1; 0 1E 0 19 2c 21 22 23 24 25 26 27 28 ORDINANCE NO. 6 - 0 2 EXHIBIT "A" TO RESOLUTION NO. 9/65 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.09 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 5.09.030(9) AND 5.09.120 TO RATIFY THE EXISTING 2.5% LICENSE TAX ON NEW CONSTRUCTION AND TO INCREASE SAID TAX TO 3.5%. The People of the City of Carlsbad do ordain as follows: SECTION 1: That Title 5, Chapter 5.09 of the Carlsbad Municipal Code is amended by the amendment of Sections 5.09.030(9) and 5.04.120 to read as follows: "5.09.030 Imposition of Tax -- Amount. (a) In addition to any other fee, license or tax required by this code, every person constructing or causing to be constructed or erected any building or structure in the City of Carlsbad for which a building permit is required, shall pay a license tax in the amount of 3.5 percent of the valuation of the building or structure established pursuant to this code for determining the building permit fee. 5.09.120 Effective Date. The taxes imposed by this chapter shall be applicable with respect to building permits for construction activities, issued on or after November 3, 1987, provided any person constructing one or more dwelling units, or otherwise engaging in construction taxable hereunder, pursuant to a building permit applied for before July 28, 1987, but not actually issued until on or after the date, shall not be liable for payment of the tax provided such person has obtained all other discretionary approvals required for the project, has had the application accepted as complete, paid the plan check fee, and who obtains the permit applied for within 180 days of the date the application was accepted and diligently pursues the project to completion. 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 the tax to be imposed by this ordinance shall not be increased. SECTION 3: As a part of approving an increase in the license tax from 2.5% to 3.5%, passage of this ordinance will 6 ,- I> - 2c 21 22 23 24 25 26 27 28 also ratify the collection of the 2.5 percent icense tax on new construction imposed by the City Council after August 1, 1985 and prior to the effective date of Section 53727 of the California Government Code in compliance with the requirements therefore adopted by the People by their passage of Proposition 62 at the November 4, 1986 General Election. SECTION 4: This ordinance, being an ordinance relating to taxes for usual and current expenses of the City, pursuant to Section 36937(d) of the Government Code shall take effect immediately upon its passage. Before the expiration of fifteen days after its passage, this ordinance shall be published once in the Carlsbad Journal, a newspaper of general circulation printed and published in the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the People of the City of Carlsbad at an election held on the 3rd day of November, 1987. ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney 2. 7