League of Women Voters of California Education Fund
	Santa Barbara County, CA November 6, 2012 Election
	Measure I2012 Parcel Tax to Fund Library Services City of Guadalupe Parcel Tax - 2/3 Approval Required Fail: 782 / 58.10% Yes votes ...... 564 / 41.90% No votes See Also: Index of all Measures

Full Text of Measure I2012

MEASURE I2012 City of Guadalupe FULL TEXT OF MEASURE ORDINANCE NO. 2012-408 AN ORDINANCE OF THE CITY OF GUADALUPE, ADDING CHAPTER 3.22 TO THE GUADALUPE MUNICIPAL CODE TO ESTABLISH THE CITY OF GUADALUPE SPECIAL LIBRARY SERVICES PARCEL TAX THE PEOPLE OF THE CITY OF GUADALUPE DO ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 3.22 entitled "Special Library Services Parcel Tax" is hereby added to the Guadalupe Municipal Code as follows: 3.22.010 Title This chapter shall be known as the "Special Library Services Parcel Tax." 3.22.020 Necessity, Authority, and Purpose The People of the City of Guadalupe hereby determine that the cost to maintain basic library services at the level required to provide for the general welfare of the residents of the city exceeds the amount of funds and revenues generated from all other sources. The People further determine that the levy of a special library services parcel tax for a period of eight years on all taxable parcels of real property throughout the City is necessary to maintain an adequate level of basic library services. Accordingly, a tax is imposed by this chapter pursuant to Section 37100.5 of the Government Code of the State. 3.22.030 Tax imposed; sunset A special library services parcel tax is hereby imposed effective July 1, 2013 and levied on all real property within the boundaries of the City at the flat rate of twenty ($20.00) Dollars per year per parcel. As used herein, a "parcel" shall be defined as any parcel of land, developed or undeveloped, wholly or partially located within the City of Guadalupe, for which the County Assessor of Santa Barbara has assigned an assessor's parcel number. The parcel tax imposed by this section shall be collected for a period of eight years from the effective date of July 1, 2013, and thereafter shall cease to be collected. The parcel tax shall be collected in the same manner and subject to the same penalties as with other property taxes imposed within the City. 3.22.040 Increase Appropriations Limit Constitution Article XIIIB The appropriations limit for the City will be increased one times the aggregate sum authorized to be levied as a special tax in each of the years covered by this ordinance. 3.22.050 Deposit and Use of Funds from Special Library Services Tax (a) All proceeds from the taxes imposed and levied by this chapter shall be paid into the "Special Library Services Tax Fund" to be used exclusively to restore and maintain library staffing, facilities and services. (b) The finance director shall annually report to council the amount of funds collected and expended, and the status of any projects funded with the funds collected. 3.22.060 Exemptions Parcels used exclusively for educational, charitable, or religious purposes owned and operated by institutions, foundations, or corporations organized and operated for educational, charitable, or religious purposes shall be granted an exemption to the tax imposed by this chapter on proof that any such organization has first qualified as an exempt organization under subsection (d) of Section 23701 of the Revenue and Taxation Code of the State and subsection (3) of subsection (c) of Section 501 of the Internal Revenue Code of 1954. PR-9040-2 3.22.070 Refund claims. Whenever the amount of any tax has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded, provided a claim in writing therefor is filed with the City Clerk. The claim shall conform in all respects to the requirements set forth for claims against the City in Chapter 1.10 of this code. The claim shall be on forms furnished by the City Clerk. 3.22.080 Partial invalidity This chapter shall not be interpreted in any manner to conflict with controlling provisions of state law, including, without limitation, the Government Code of the State of California. If any section, subsection, sentence, phrase, or clause of this chapter is for any reason held by any court to be invalid, such invalidity shall not affect the remaining portions of this chapter. The People hereby declare that they would have adopted this chapter, and each section, subsection, sentence, phrase, or clause thereof, irrespective of the fact any one or more sections, subsections, sentences, phrases, or clauses be declared for any reason invalid. SECTION 2. This ordinance is ordered to be submitted to election as a proposition pursuant to Elections Code Section 9222 and shall not become operative unless and until a 2/3 majority of the electors voting on this measure vote to approve this ordinance at the general municipal election to be held on November 6, 2012. Pursuant to Elections Code Section 9222 the exact form of the question to be voted on at the election as it should appear on the ballot is as follows: CITY OF GUADALUPE MEASURE "____" To provide critical funding for library staffing, facilities and services, shall a parcel tax of $20 per year be imposed on all parcels of real property within the City for a period of eight years? YES NO SECTION 3. The authority to levy the tax increase imposed by this ordinance shall expire eight years from July 1, 2013. SECTION 4. If this ordinance is approved by a 2/3 majority of the electors voting on the issue at the November 6, 2012 general municipal election, pursuant to Elections Code Section 9217, the ordinance shall be become effective ten (10) days after the City Council accepts the certified results of the election. PR-9040-3