Laserfiche WebLink
mines that the charges imposed by this Chapter are reasonable and are <br />necessarily required to equitably spread the cost of government and <br />City services to enable the City to maintain a reasonable level of <br />municipal service within the community. <br />SECTION 3. URGENCY. EFFECTIVE DATE. This ordinance <br />is an urgency ordinance and is for the immediate preservation of the <br />public peace, health and welfare. The facts constituting the urgency <br />are these: <br />In the event Article XIII -A is added to the California <br />Constitution by reason of the passage of the so-called Jarvis -Gann <br />Initiative, Section 4 thereof would require a two-thirds vote of the <br />qualified electors to impose special taxes with certain exceptions <br />not here applicable. If the interpretation of Section 4 by Messers. <br />Jarvis and Gann, namely that a special tax is one other than an <br />ad valorem property tax, is correct then charges of the type described <br />in Section 1 hereof also could not be imposed or amended without <br />the required two-thirds vote. Further, a judicial interpretation of <br />what is meant by the term "qualified electors" would be required because <br />of the deletion of this term from the California Constitution earlier <br />and before the total number of voters to whom the two-thirds vote <br />requirement referred could be determined. <br />If the effective date of the revised charges imposed by the <br />within ordinance is delayed by reason of litigation arising out of <br />the adoption of Article XIII -A, the City will be without adequate <br />income with which to maintain a reasonable level of municipal service <br />within the City thereby causing undue hardship upon the residents of <br />this community. <br />This ordinance takes effect immediately. <br />-2- <br />