2013/07/23 City Council Ordinance 875ORDINANCE NO. 875
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING THE
ROHNERT PARK MUNICIPAL CODE SECTION 3.21.150 TO CONTINUE THE
EXISTING TRANSACTIONS AND USE (SALES) TAX
WHEREAS, on June 25, 2013, the City Council unanimously declared a fiscal emergency under
Article XIIIC, section 2(b) of the California Constitution by adopting Resolution No. 2013 -106;
WHEREAS, pursuant to California Revenue and Taxation Code Sections 7285.9 and 7290, the
City of Rohnert Park ( "City ") has the authority to levy a Transactions and Use (Sales) Tax for
general purposes;
WHEREAS, in an election held in June 2010, the City Council proposed and a majority of the
voters approved an essential services temporary funding measure which imposed a one -half cent
sales tax (0.5 %) on the sale or consumption of tangible personal property within the City of Rohnert
Park (the "Sales Tax ");
WHEREAS, the City's Transactions and Use Tax Ordinance imposing the Sales Tax is found in
Chapter 3.21 of the City's Municipal Code;
WHEREAS, Section 3.21.150 of the City's Municipal Code sets forth a termination date of the
Sales Tax on the fifth anniversary of its adoption, which will repeal the Sales Tax on September 30,
2015, unless continued by a majority of the voters of the City;
WHEREAS, the City Council has determined that the continuation of the existing Sales Tax,
without raising existing tax rates, is critical to funding the City's essential services, preserving the
safety and character of Rohnert Park, and ensuring that our City has a guaranteed source of local
funding that cannot be taken by Sacramento;
WHEREAS, the City conducted a community opinion survey which shows over two - thirds (2/3) of
respondents would support continuing the Sales Tax to maintain and protect City services;
WHEREAS, the City Council, by adopting Resolution No. 2013 -114, authorized placing the matter
of continuing the Sales Tax before the voters of Rohnert Park at the November 5, 2013 election; and
WHEREAS, the termination date in Section 3.21.150 of the City's Municipal Code must be
amended to continue the Sales Tax.
NOW, THEREFORE, the People of the City of Rohnert Park do ordain as follows:
SECTION 1: AMENDMENT. Section Chapter 3.21.150 of Chapter 3.21 (Transactions and Use
Tax) of the Rohnert Park Municipal Code shall be amended to read as follows:
3.21.150 Termination Date
The authority to levy the tax imposed by this ordinance shall not expire, unless terminated
by a unanimous vote of the City Council.
SECTION 2: FULL FORCE AND EFFECT. Except as herein otherwise expressly provided,
Chapter 3.21 (Transactions and Use Tax) of the Rohnert Park Municipal Code shall remain in full
force and effect.
SECTION 3: SEVERABILITY. The City Council hereby declares that every section, paragraph,
sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence,
clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses, or phrases.
SECTION 4: EFFECTIVE DATE. This Ordinance shall be submitted to the voters at an election
to be held on November 5, 2013. Upon approval by a majority of the voters of the City voting on
this Ordinance, the amendment of Chapter 3.21 of the City's Municipal Code shall take effect
immediately and the Transactions and Use Tax shall be continued as provided for in this Ordinance.
SECTION 5: PUBLICATION. The City Clerk of the City of Rohnert Park is hereby directed to
cause the following summary of the ordinance to be published in a newspaper of general
circulation, published and circulated in the City of Rohnert Park:
Contingent upon majority voter approval, this ordinance amends the termination date of the
existing transactions and use (sales) tax. The tax will no longer expire on the fifth
anniversary. The tax will continue until terminated by a unanimous vote of the City
Council.
SECTION 6: EXECUTION. The Mayor is hereby authorized to attest to the adoption of this
Ordinance by the voters of the City by signing where indicated below.
PASSED and ADOPTED by the City Council of the City of Rohnert Park on this 23x`1 day of July,
2013, by a two - thirds vote of the Council, by the following roll call vote:
AYES: Council Members Ahanotu, Mackenzie, Vice Mayor Callinan and Mayor Stafford
NOES: None
ABSENT: Council Member Belforte
ABSTAIN: None
ATTEST:
'Anne Buergler, City Clerk
Michelle archeita Kenyon, City torney
CITY OF ROHNERT PARK
Pam Stafford, Mayo
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