HomeMy WebLinkAbout96-21 CC OrdinanceORDINANCE NO. 96-21
AN ORDINANCE OF THE CITY OF TEMECULA,
CALIFORNIA, LEVYING A SPECIAL TAX TO FINANCE
THE OPERATION, MAINTENANCE AND SERVICING OF
PUBLIC PARKS AND RECREATIONAL FACILITIES,
RECREATIONAL AND COMMUNITY SERVICES
PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL
STREET LIGHTS AND TRAFFIC SIGNALS
THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Pursuant to the authority of Article XI, Section 7 of the California
Constitution, Government Code Section 37100.5, and other applicable law, there is hereby
levied and assessed a special tax by the City of Temecula on each parcel of property in the
City of Temecula for each fiscal year, commencing with fiscal year 1997 -98.
' Section 2. The maximum amount of said special tax for each fiscal year shall
be $74.44 per single - family residential dwelling unit, $55.83 per multi- family residential
dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of
vacant property in a non - residential zone, $446.64 per acre of non - residential improved
property, and $37.22 per acre for agricultural uses.
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Section 3. The special tax imposed by this ordinance shall be collected in the
same manner, on the same dates, and shall be subject to the same penalties and interest as
other charges and taxes fixed and collected by the County of Riverside on behalf of the City of
Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a
lien upon the parcel upon which it is levied until it has been paid, and said special tax, together
with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the
City of Temecula by the persons who own the parcel on the date the tax is due.
Section 4. The revenue raised by the special tax imposed by this ordinance
shall be placed in a special fund to be used only for the purposes of operating, maintaining,
and servicing public parks and recreational facilities, recreational and community services
programs, median landscaping, arterial street lights and traffic signals throughout the City of
Temecula and administrative expenses incurred by the City in connection therewith.
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' Section 5. The City Council, by three (3) affirmative votes, is empowered to
establish the amounts of the special tax levy annually each fiscal year, in amounts not to
exceed the maximum amounts specified in Section 2 of this ordinance, as is required to
provide an adequate level of service in accordance with the purposes set forth in this
ordinance.
Section 6. The City Council shall be empowered to amend this ordinance by
three (3) affirmative votes of the members thereof for the purposes of carrying out the general
purposes of this ordinance in order to conform to state law that permits the County Tax
Collector, or other proper official, to collect a special tax such as is levied by this ordinance in
conjunction with County taxes or in order to assign duties pursuant to the ordinance to other
officers.
Section 7. No section of this ordinance shall be construed to permit, and the
City Council is expressly prohibited from, increasing the amounts of the special tax imposed
by this ordinance beyond the maximum amounts set forth in this ordinance.
Section 8. A property owner subject to the special tax may appeal the amount
of the special tax to be levied on such property owner's property pursuant to standards and
procedures established by resolution of the City Council.
' Section 9. If a property owner subject to the special tax believes that payment
of the special tax during a specific fiscal year would create a hardship for that property owner
during that fiscal year, such property owners may appeal the levy by filing a hardship appeal
pursuant to standards and procedures established by resolution of the City Council.
Section 10. The special tax imposed by this ordinance shall not be imposed
upon a federal or state governmental agency or another local governmental agency or upon any
parcel of property that is exempt from the special tax imposed by this ordinance pursuant to
any provision of the Constitution or any paramount law.
Section 11. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid or unconstitutional by any court of competent jurisdic-
tion, such invalidity or unconstitutionality shall not affect any other provision or applications,
and to this end the provisions of this ordinance are declared to be severable. The City
Council, and the electorate by referendum, do hereby 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, clauses, phrases, parts or
portions thereof, be declared invalid or unconstitutional.
' Section 12. This ordinance, or any provisions thereof other than those
provisions, if any, which provide for modification by the City Council of the City of
Temecula, may only be amended or repealed by approval of two-thirds (2/3) of the voters
voting on the ordinance or provisions thereof at any initiative or referendum election.
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' Section 13, The Temecula Community Services District currently operates,
maintains and services public parks and recreational facilities, recreational and community
services programs, median landscaping, arterial street lights and traffic signals within the City
of Temecula. These services must be continued without interruption in order to protect the
public health, safety and welfare of the residents therein and the general public. The adoption
of Proposition 218 by the voters of the State of California has brought into question the ability
of the Temecula Community Services District to continue imposing rates and charges to
finance such services. Unless a special tax is imposed to finance such services, the City may
lack sufficient funds to continue such services. This ordinance would convert certain existing
Temecula Community Services District rates and charges to a tax. Imposition of a special tax
requires two -thirds voter approval. Therefore, it is necessary to determine, at the earliest date
possible prior to July 1, 1997, whether a special tax shall be levied upon parcels within the
City to finance such services. In order for the ordinance to be placed on the ballot for the next
county- administered election on March 4, 1997, the City must submit the ordinance to the
County of Riverside prior to the date of the next regular City Council meeting. Because of the
County's deadline, there is insufficient time for the City Council to have two readings of the
ordinance prior to its adoption and submission to the County. It is therefore urgent that this
ordinance be adopted immediately to prevent an interruption in services to be provided to
residents of the City. An interruption in such service is of great public concern in that
inadequate maintenance of public park and recreational facilities and street lighting and
landscaping and curtailment of recreational and community services programs, may endanger
the health, welfare and safety of schoolchildren, motorists, and residents of the City. This
ordinance is necessary for the immediate preservation of the public health, safety and welfare,
declares the facts constituting the urgency, and is passed by at least a four -fifths vote of the
City Council. Accordingly, this measure is adopted immediately upon introduction pursuant to
Government Code Section 36934.
Section 14. This ordinance shall be referred to, and shall be effective only if
approved by two-thirds (2/3) majority of the voters voting at an election to be held on March
4, 1997, and shall go into effect ten (10) days after the City Council has, by resolution,
declared that this ordinance was approved by two -thirds (2/3) of the voters voting thereon.
Section 15. The City Clerk shall certify to the passage and adoption of this
ordinance and shall cause same to be published as required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula this 26th day of November, 1996. ✓
' el . indemans, Mayor
ATTEST:
Greek, City Cle
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' STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)SS
CITY OF TEMECULA )
1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 96 -21 was duly and regularly adopted by the City Council of the
City of Temecula at a regular meeting thereof held on the 26th day of November, 1996, by the
following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
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