CC RESOLUTION 3162RESOLUTION NO. 3162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY,
NOVEMBER 2, 1982, FOR THE PURPOSE OF SUB-
MITTING TO THE QUALIFIED VOTERS OF SAID CITY
AN ORDINANCE RELATING TO THE APPROPRIATIONS
LIMIT OF ARTICLE XIII B OF THE CALIFORNIA
CONSTITUTION (THE GANN INITIATIVE) FOR THE
1980 -81 FISCAL YEAR AND CONSOLIDATING SAID
ELECTION WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON SAID DATE.
WHEREAS, Article XIII B of the California Constitution
(The Gann Inititative) requires that revenues received by the
City in excess of the amount permitted by said Article "* * *
shall be returned by a revision of tax rates or fee schedules
within the next two subsequent fiscal years * * *. "; and
WHEREAS, Article XIII B also authorizes the electors
to change the limit provided that such change "* * * shall in no
event exceed four years from the most recent vote of said electors
creating or continuing such change * * *. "; and
WHEREAS, The City Council has undertaken surveys and
held public hearings to ascertain the wishes of the residents
of the City of E1 Segundo; and
WHEREAS, a substantial number of persons in the city
would like to have said funds disbursed not to taxpayers but
to either the residents or the registered voters of the city;
and
WHEREAS, the City Attorney has advised that cash disburse-
ments to voters or residents of the city are not permitted as
the money must be "* * * returned (or refunded) by a revision
of tax rates or fee schedules * * *. "; and
WHEREAS, a substantial number of persons prefer to
have the City increase its appropriations limit for the 1980 -1981
fiscal year and keep the money as a fund to provide for a particular
service or benefit, but said persons do not agree on the specific
service or benefit to which said funds should be devoted; and
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WHEREAS, unless the City's appropriations limit for
the fiscal year 1980 -1981 is increased by $2,345,538, the City
will be required to return further money by a reduction in taxes
and fees before June 30, 1983; and
WHEREAS, if said money is to be returned by a revision
of taxes and fees between November, 1982 and June 30, 1983, there
• is very little choice as to which fees and taxes should be reduced;
and
WHEREAS, the City Council has submitted an ordinance
that provides that if the voters do increase the appropriations
limit for the fiscal year 1980 -1981 said moneys shall be specially
funded and only expended in a manner to be approved by the voters
in a future election; and
WHEREAS, The City Council desires to submit the ordinance
hereinafter set forth to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE
AND ORDER AS FOLLOWS:
SECTION ONE. That pursuant to the requirements of
the laws of the State of California, there shall be, and there
is hereby called and ordered, held in the City of El Segundo,
County of Los Angeles, State of California, on Tuesday, the 2nd
day of November, 1982, a special municipal election of the qualified
electors of said city for the purpose of submitting the following
proposed ordinance to the electors of the city, to wit:
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"ORDINANCE NO.
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
EL SEGUNDO CHANGING THE APPROPRIATIONS LIMIT
FOR FISCAL YEAR 1980 -1981 AND DIRECTING THAT
TAX REVENUE ALREADY COLLECTED IN THAT YEAR
BE EXPENDED ONLY AS DIRECTED BY THE VOTERS.
"THE PEOPLE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DO ORDAIN AS FOLLOWS:
"SECTION 1. Change of appropriations limit. The
appropriations limit for fiscal year 1980 -1981 set pursuant to
Article XIII B of the California Constitution is hereby changed
to the extent set forth in Section 2 of this ordinance.
"SECTION 2. Authority to appropriate tax revenues
collected in the 1980 -1981 fiscal year to reserves for capital
needs. The E1 Segundo fiscal year 1980 -1981 appropriations limit
provided for in Article XIII B of the California Constitution
shall be changed to permit the appropriation to a Voters' Trust
Account of up to $2,345,538 from the unexpended fiscal year 1980-
1981 proceeds of taxes.
"SECTION 3. Voters' Trust Account. The City Treasurer
is directed to establish a special account entitled, "Voters'
Trust Account" and shall transfer to said Voters' Trust Account
the sum of $2,345,538. Said Voters' Trust Account may be expended
only by direction of the voters of the city at an election to
be held at a future date.
"SECTION 4. Saving clause. The intent of this initiative
is to comply with California Constitution Article XIII B. If
any section, part, clause, form, word or phrase hereof is for
any reason held to be invalid, the remaining provisions of this
act shall remain in full force and effect and shall be interpreted
to serve the intent of this ballot proposition."
SECTION TWO. That the ballots to be used at said
election shall be, both as to form and matter contained therein,
such as may be required by law to be used thereat.
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SECTION THREE. That the polls for said election shall
be opened at seven o'clock a.m. of the day of said election and
shall remain open continuously from said time until eight o'clock
p.m. of the same day, when said polls shall be closed, except
as provided in Section--14301 of the Elections Code of the State
of California.
SECTION FOUR. That on the ballots to be used at said
special municipal election, in addition to any other matters
required by law, there shall be printed substantially the following:
Shall an ordinance be adopted which
changes the City's appropriations : YES .
limit for the fiscal year 1980 -1981
and which provides that the $2,345,538:.....: .....
effected thereby be placed in a
special account to be expended
only as directed by the voters? NO
SECTION FIVE. That a cross ( +) placed in the voting square
after the word "YES" in the manner hereinbefore provided shall
be counted in favor of the adoption of the proposition. A cross
( +) placed in the voting square after the word "NO" in the manner
hereinbefore provided shall be counted against the adoption of
the proposition.
SECTION SIX. That the special municipal election hereby
called for the date hereinbefore specified shall be and is hereby
ordered consolidated with the statewide general election to be
held on said date, and within said city the precincts, polling
places and officers of election for the special municipal election
hereby called shall be in the same as those provided for said
statewide general election. The Board of Supervisors of Los
Angeles County is hereby requested to order the consolidation
of the special municipal election hereby called with said statewide
general election, and that the Registrar- Recorder of the County
of Los Angeles is hereby authorized to canvass the returns of
said special municipal election, and said elections shall be
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held in all respects as if there were only one election, and
only one form of ballot, namely, the ballots used at said general
election, shall be used. Said Registrar- Recorder shall certify
the results of the canvass of the returns of said special municipal
election to the City Council of said city which shall thereafter
declare the results thereof. A proposition submitted by this
resolution shall be designated on the ballot by a letter printed
on the left margin of the square containing the description of
the measure, as provided in Section 10219 of the Elections Code.
SECTION SEVEN. That notice of the time and place of
holding said election is hereby given and the City Clerk is hereby
authorized, instructed.and directed to give such further or additional
notice of said election in time, form and manner as required by
law.
SECTION EIGHT. That the City Clerk shall certify to the
passage and adoption of this Resolution; shall enter the same in the
book of original Resolutions of said City; and shall make a minute
of the passage and adoption thereof in the records of the proceedings
of the City Council of said City, in the minutes of the meeting
at which the same is passed and adopted.
SECTION NINE. That this Resolution shall take effect
immediately.
PASSED, APPROVED and ADOPTED this 3rd day of
A,ig„�,- 1982.
Mayor of the City of E1 Segundo,
California
ATTEST:
VALERIE A. BURROWES
City Clerk
(SEAL)
BY
e' Deputy
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, VALERIE A. BURROWES
, City Clerk of the
City of El Segundo, California, DO HEREBY CERTIFY that the
whole number of members of the City Council of the said City is
five; that the foregoing resolution, being Resolution No. 3162
was duly passed and adopted by the said City Council, approved
and signed by the Mayor of said City, and attested by the City
Clerk of said City, all at a regular meeting of the said Council
held on the 3rd day of August , 19 82
and that the same was so passed and adopted by the following vote:
AYES: Councilmebers Armstrong, Johnson Siadek,
Synadinos. and Mayor Due
NOES: Councilmembers None
ABSENT: Councilmembers None
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID
CITY this 17th day of August 19 82
City Clerk of the City of El Segundo,
• California
(SEAL)
By
Deputy