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Ordinance 1534 1534 AN OF '~ CITY OCxII~FC',II, OF 'III: CITY OF CUPE4~PIZ10 Pl2C1P0.RING ~ ZT4t'OBITION OF A UI?LITY tb'FIi3 E70CISE TAX AND ~ 'IIiE SUBI4ISSLCN OF A FlZOPOBITION 'ZI~F~[2 'DO ~ EIF7C1CHtATE OF '11~ CITY Sections: 3.34.010 Detiriitions 3.34.020 Exarptipm 3.34.030 T~elephcne Users Tax 3.34.040 Electricity Users Tax 3.34.050 Gas Users Tax 3.34.060 Services Users Receiving Gas ar Electricity Directly 3.34.070 Penalties 3.34.080 Actions to Collect 3.34.090 Duty to Collect - Prooedur~es 3.34.100 Additirnal Fower aryl Duties oP Tax Adminiia4~rwtpr 3.34.110 Assessment - Administrative gay 3.34.120 Records 3.34.130 Regards 3.34.140 Rules of oonstrrrctic[r 3.34.150 Benefit to All Persona 3.34.160 Duration 3.34.170 Disposition of Ptoc.~eeds 3.34.180 General Fund lease 3.34.190 Rarer in Addition 3.34.200 Ozdirrarrce Q~trtzollirrg 3.34.210 Liberal C~rstxtrctian 3.34.220 Defect ar Chrission, Validity of Prooeedirrgs ar Tames 3.34.230 Limitation op Actions 3.34.240 Severabiiity ~ CITY OOUNCIL OF ~ CITY OF CUPE~~ DOES ORDAIN A3 FOL[OHlS 12re purl rose op this Otdilsarros is to inlxee a utility users eracise tax as a ravmnre measrn~a neoessazy to pay the usual and airt+errt expenses op ~ the P~ 9t op the City, the proceeds op wlridr shall be paid into the general !lard o! the City. Z2ris ordinarroe shall be ]aroarn and may be sited as the "utility Users Eraeise Tax Ordirrarroa". 3.34.010 ~, ~t r~grg the oClrtext otherwise x+equires, the depinitia~ set forth in this section govern the oonsttuctiorr of this Ozdirrarrce. -1- ORDIt~NCE N0. 1534 "City" means the City of Cupertino. "Facilities" means the m~astoipal facilities generally including recL~+ea l~faciliti~ oons~ tewith the px+eservatioai public u~aelof open space. Facilities shall be deemed available and susceptible of use within tha meaning of the term "availability atxl privilege o! use", as used in this Ordinance, when suds facilities exist and are available far use during any portion of the fiscal year next pr+eoedirr~ the levy of the Tax. "G~,g" includes natural gas and any other gab used for light, heat and power. "" means a Calendar mornth. "Nora-utility sunolier" means a Service Supplier, other than (a) a gas corporation or (b) an electrical corporation servirg within the City, which generates electrical energy in capacities of at least 100 kilowatts monthly for sale to pthexs. non means any domestic or Foreign aorporaticn, firm, associations syrdicate, joint stock oagaany, partnership of any kind, joint venture, club, Massadsusetts business ar ocaasan law trust, society, or individual. "~" means the utility users excise Tax proposed to be imposed by this Ordinalsoe, more particularly described in Sections 3.34.030, 3.34.040 arri 3.34.050 of this Ordinance. ' 'means the City Treasurer. '"Pelepllone ODrpOr3tiCn,n neleCtriCal COrpOratiOfn," BnYi "gds corporation," have the Same meanirx3s as delined in sections 234, 218, 222 an3 215.5, r+espec,~tively, of the California Public Utilities Code (as said Sections existed on JLnse 1, 1989), except that "electrical corporation" shall also be construed to include any municipality ar Parson engaged in tha selling or supplying of electrical power to a service User. "Service Supplier" means any entity required to collect or self-ingose and remit a Tax as imposed by this Ordirnanoe. -2- O~tDIHI1t~ACE N0. 1534 "Service User" means a PB]:ean required to pay a Tax imposed by this Ord311aI10e. 3.34.020. ~. (a) Public bodies, religious organizatia~s and other Parsce~s under state ar federal law shall be exempt Pram the Tax. Residential service users of 65 years ar older shall be exmapt from Tax payments under this Ordinance upon application to the Tax pdministratar, in such manner and with such proof ar qualification as the Tax Administratar shall determine. (b) Rhe City O~cil may, by order ar resolution, establish one ar more classes of Pe1BOr1s ar ~ ar more classes oP utility service otherwise subject to payment of a Tax inq~osed by this Ordinance and provide that such classes of Persons ar service shall be escempt, in whole ar in part, front suds Tax. (c) 4he Tax Administrator shall prepare a list of the Persona exempt fr'cm the provisiarts of this Ordiname by virtue of this section and furnish a Dopy thereof to each Service Supplier. 3.34.030. Telephone Users Tax. (a) There is hereby imposed a Tax (herein called the "Telephone Users Tax") m the aiootmts paid Par any intrastate telephone sezvioes by every Person in the City other than a Telephone Ooarparaticn, using such services. The Tax imposed by this section shall be at the rate of two and forty hundredths percent (2.403) of the c3mrges made far such services and shall be paid by the Pezscai paying Par suds services. (b) As used in this section, the term "ctsarges" shall not include d~arges far services paid for by inserting coins in coin-operated telepha~es except where such coin-operated service is Rirnished for a guaranteed amount, in which event the amo~arts paid under such gtuuarttee plus any Fixed monthly ar other periodic charge shall be included in the base fns oa~uting the amount of Tax duel nor shall the term "charges" include charges far any type of service ar equipment furnished by a service supplied subject to public utility r~egulatiatzs during any period -3- CH2DIt~t~ACE IJO. 1534 in whic3i the amps ar similar services ar equipment are also available far sale ar lease frs~ Aarsans ~~ than a ~yi~ ~~~ subject to public utility regulation; nor shall the womds "telephone oommaiication servioea" irrluds land mobile services ar maritime mobile services as defined in section 2.1 0! Title 47 of the Code of Federal ~aegulatims as said section r~ef~ to that s~azviola~ ~ tezm "telapl~one ~cat~ ~yioea" privilege of telephone quality o®tuiicatian ~t~heptxne system and the pen'sons having telephone statirns which ar+e substantially all ~~. the Telephone Users Tax is intended to, ardodoes, apply changes billed to a telephct~e aooouttt having a altos in the City, irrespective of whether a particular ocmausicaticn service ariginates ancVar' terminates within the City. (cj Zhe Telephone Users Tax shall be collected f~ the Service User oar t2se ~ the intrastate telephone ca~ication services, ~ilected ~ aye virx3 PaY~t far stx~ servioea. The amount o! Tax ar before the last) month eha11 ~ remitted to the Tax alcbnt„1 ~-.,.~ on day of the following month; ar, at the option of the co 11 ecked~i~ ~ ~Ilect a~ remit the Tax, an estimated amotmt o! Tax measured by the Tax bill in the previous mrnth, shall be rFluitted to the TeX A~ni ni arrestor. pl ar before the last day of each month. (d) Notwithstanding the provisi.ans of subsection (a), the Telephone Users Tax shall not be imposed upon any person far usi~ intrastate telephone oasmtmicaticn services to the extent that the amotvits paid Par such satvioes ar'e exert fncm ar not subject to the Tax ia4oosed under Part 20 (oaaQencing with ~~ 41001) of Division 2 of the California Revue an3 taxation ~, ar the Tax iltposed under section 4251 of the Internal Revenue Code. 3.34.040. Electricity Users Tax, (a) ~~ is hereby iaQosed a Tax (herein called the "Electricity Corporation') ~1 every ~~ ~ the City other than an Electrical ing electrical energy in the City. The Tax imposed by this section shall be at the Hate of two and Potty tnmdredths percent (2.401) frPar~hi~sedservio~e the City arshall be billeded toi and pa the franchised electrical~'• If the c3~arges made !ar such energy by the that the ~ rvice User ~ ~ ~~ eithsr (1) on the basis pmovided its cem transmission -4- No. 1534 voltage z+eductim facilities or (2) as individualized negotiated oo-get~ezatian avoidamoe tre+~i pion voltage rates, and the r~esultinq negotiated rates are not available to the City, such negotiated rates shall be made available to the City by ttte Sezvioa Deer. ate Tax applicable to electrical energy p¢wided by a nor--utility supplier shall be based cn the above Tax rate and the ~'g'~ made far such electrical energy if there is an arms-length transaction far the sale of the electrical energy betzaeers the net-utility supplier arxi the Service User. Zf there is not an arms-length sale fztm a rm-utility supplier, the Tax shall be determined by applying the Tax zeta to the equivalent the Service User would have iaxurn~ed if the energy used had been provided by the electrical oazporatiat frar~c~311sed by the City. Rate steles far this purpose shall be available nom the City. Naar-utility suppliers shall install, maintain and use an appropriate utility-type metering system which will enable oa>Qlianoe with this section. Zt the electrical energy is generated by the Service User !ar its own use, the Service User shall provide the City with the actual moatthly cost of generating the electrical energy so used affi the Electricity Users Tax shall be based on the above Tax rate applied to said actual poet. Cost figures supplied by the Service User shall be subject to periodic audit by the City and appropriate adjustment puzstrant thereto. "Cttazges," as used in this sectirn, shall include changes made for: (1) metered energy attd (2) minim>m dtarges far service, including customer charges, service charges, demand charges aM all other acmual and monthly dsazges (other than stancIlyy dtarges), foal ar other cast adjusbaertts, authorized by the C~slifarnia Public utilities Ckarmisaion ar the Federal Fllergy Regulatory Cknmission. (b) As used in this section, the term "using electrical energy" shall not be caa~stnted to mean the storage of such energy by a Fezscn in a battery anted ar possessed by suds Fezsan far use in an automobile ar other madtirtery device apart from the premises upon which the energy was received, provided, however, that the term shall include the receiving of such energy far the purpose of usi.rg it in the dtazging of batteries nor shall the term include electricity used aril consumed by an electric utility supplier in the cnarhx:t of its business nar shall the tezm include the mare receiving oP suds energy by an electric public utility ar goverrm~tal agency at a point within the City far resale; nor shall the -5- CHtDI?~NC~ N0. 1534 term include the use oP such energy in the production ar distribution oP water by a Public utility ar a ~ ~,, (c) Zt~e Electricity Users Tax shall be collected from the Service Users ~ ~ ~ ~~ ar nai-utility- supplier. Zhe Electricity noa~-utility supplier ~i~ ~ self-generatiar~ ar oo-generation ar tmn a shall be collected and remitted to the Tax A~nln~iiat~r,.~ °f this Ordinance, forth in Section 3.34.060. 4he amamt of Tax oorllected manner set supplier ar a nai-utility Misr in aria month shall ~renitted by United States mail to the Tax Administrator, poshnar~d on ar before the last day of the followiry month; or, at the option of the Person required to collect arri remit the Tax, an estimated amount of Tax measured by the to the Taxes the ~~ ~~, shall ~ remitted by United States mail, ~', postmarked on ar before the last day of each month. The amwnt oP the Tax remitted may be estimated by a formula based upcxi the PaY~nt pattern of the supplier's customers. (d1 ~-ithstanding the provisions o! section 3.34.090(x), it the amo~vtt Pfd by a Service User is less than the Pull amount of the energy charge and Tax which has aocaved Par the billing period, such amount a~ ~~urtilsudi by a Service User shall be applied to the energy balance shall be has been fully satislied. Any remaining applied to Taxes due, 3.34.050. Gas_ U~Tar, (a) ~'e ~ ham' imPased a Tax (herein called the "Gas Users Tax") upars every Person in the City other than a gas corporation or electrical corpozation, using, in the City, qas which is delivered thr+arjh mains ar pig ar by star vehicle ar by rail. ~e Gas Users Tax shall be at the trehe~ of two and Pony tnaxlredfhs perpent (2.40tj oP the charges made for gas affi shall be billed to and paid by }~ perap~ using the gas. If the c3~arges made Par suds gas by the franchised gas oorparatian are negotiated and the resulting negotiated rates are not available to the city, such negotiated rates shall be made available to the City by the Service User. Zhe Tax applicable to gas ar qas transportation provided by non-utility suppliers shall be based on the ~s made Par such gas ar gas transpor'tatiar if that is derived frcin an arms-length traneactian -6- Nb. 1534 between a no<rvtility supplier and the Seivip User. I! there is not an the ~ ~ e, the Tax shelll be determined by applY~J the Tax rate to gas be User would have inottrred it the gas ar the City. Rata schedules fP ar-.id~e~i ~ the ~ oarporation >~ised by ~~,, purpose shall be available frrm the "urges" as used in this settler shall inGluda: (1) those billed for ~,whidi i.s delivered thxaxjh mains ar pipe's ar by motor vehicle ar by ~2)~°~ationacharges, (anr)atai ~ service any other c~azg'(other than starrmy charges) authoriied~ California Public utilities ocamission ar the Federal II':eic1Y Regulatory 0.~anission. whic3ib)is to be resoldd and dalive~d icabla to: (1) char9as made far gas vehicle ar by rail; (2) cfsaYgea made for s sold by a pt~iblic u~tili~r electticaltY supplier ar ~ , f~.use ~ tYbe generation o! ~enargy ar far the production ar distribution of water; (3) course of its a cJas public utility ar gas used and canstm~ed in the public utility businesst and (4) charges made !ar gas used the ~ o~~p~a;motor vehicle, as autho~riyed in the Vehicle Gbda of Perscn) self Gas Users Tax shall be collected frvn the Service User by the Fran a ~ ar ~ the gas. In the case of putrhasa o! non-utility supplier, ar a gas corpor-atim not PYar>chised by, ~ Gas ~Usars ~ ice User will be z+esporsaible for remitting the applicable directly to the Tax Administratar. A Person selling only pig ar tics services to a user !ar delivery of gas thrtixgh maims ar Service Use~z~ based an the tray portatian~l ~~ect the Tax t:,tm the charges. F~toept as above, the ~~~ ~~ cr ~g the 4as shall, on or before the 20th oP each calendar month, oC~~g on ~e 20th day of the calendar month after the affective day of this Ortiinanoe, make a return to the Tax calerx9ar month the time such returns era iledl the~Persan ~ aocordance~ w~itls schedules~establistsed orto the Tax Administratar in Achninistrator, aPPr+~ed by the Tax -7- N0. 1534 3.34.060. (a) Notwithstanding any other p4vviaicn of this ordinance, a service not under t~Yse ~ ar electric energy directly frvn a r-or~-utility supplier jurisdiction of this ~diname, ar using electricity generated by the Service User far its on use, ar otherwise not having the full Tax due an the use of gas ar electric energy- in the City directly billed atri collected by the Service sl~plier, shall z+epart said fact to the Tax ne~nl.,ial-,-n~• within thirty days of said use and shell directly remit to the City the amount oP Tax due. (b) 'Ihe Tax Ac~ni ni a*rntpr may ~~ fry said Service User the filed Tax rstums ar other satisfactory evidence doam~ntirg the sale Price and tY o! gas ar electric energy used. 3.34.070. Ar~m~, 7~, (a) Taxes collected fzmm a Service User whic3s are not remitted to the Tax Administratar on ar before the due dates provided in this Oniinance are delinquent. Shetld the due date occur cal a weekend ar legal holiday, t rsturn~rn ffiY be Pcetmarked on the first regular workincJ day following a Y/S~c1aY, or legal holiday. (b) Penalties far delinquency in remittance o! any Tax collected or any deficiency determination determined by the Tax Admintistratar, shall attach an3 be paid by the Persarl r~egttired to collect and remit at the rate of fifteen pert~ettt (15t) of the fatal Tax collected ar intq~osed herein. (c) Zhe Tax Administratar shall have power to inpose additional penalties upon any P~srsan required to collect earl remit Taxes under the provisia~s of this ordinance far fraud in annual rate of Fifteen ~ ar remitting at the percent (15t) o! the amaust of the Tax collected ar as r+eooaputed by the Tax Administrator. (d) Etrery Penalty ingosed under the provisions of this Oniinance shall beo®s a part of the Tax required to be remitted, 3.34.080. Actions to Collect. Any tax required to be paid by a Service User under the provisions of this Ordinance shall be deemed a debt owed by a Service User to the City. Any such Tax collected fray a Service User -8- s • N0. 1534 which has willtu].ly been withheld from the Tax Administrator shall be deemed a debt owed to tha City by the Parson to collect and rmnit. Any Person awing money to the City under the pa~ovisions of this o~iinarne shall be liabl,a to an action b¢cught i.n the name oP the City tar the r+eoovety of such amotazt. 3.34.090. g~ty to mi t.L•~- _ pt~h,,,,,s, Zhe duty to collect and rra~nit the Taxes iaposed by the p~i~y~ etuul be performed as follows: (a) Notwithstaidinq any' other prvvisicn of this ordinance, the Tax w ill t2e collected insofar ~ P~oable at the same time as and along the ~i~~'g~ made in aooozdanoe with the regutlar billing practices of sl~plier. F3sere the amautt Paid by a service user to a service Supplier is less than the Full amotmt oP the utility ~arsle and Tax which has aoctiued Par the billing period, such amamt and ~, ~~ PaYmants by a Service User stsall be applied to the utility ~e first ~~ such d~azga has been fully satisfied. Any remaining balance shall be applied to Ta~aes due. In those cases where a Service User has' notified the Service Supplier oP this refusal to pay the Tax ~q~osed on said utility'c3~arges Section 3.34.100 (c) will apply. (b) TY~e duty to collect the Tax from a service User shall oaaatenae with the beginning of the first Pull regular billing period applicable to the Service User where all normally included in such regular billing are subject to the provisions of this Ordinance. Fd~ere a Person receives more than me billing, one ar more being far different periods than atsottsar, the duty to collect shall arise separately far each billing. 3.34.100. Additional Fbw+~r aTr1 dL.t~eB of Ta_k 1t'.>~_niai~raTr»-, (a) The Tax Administrator shall have the power and duty, and is directed to enPor+os each and all of the provisions oP this (b) Tt1e Ttsx Adminiafra~. shall have the power to adopt rifles and regulations not inconsistent with provisioass OP this Ordinance far the remittanoeoor the Ta~oes herein imposed~~ the payment, collection nrd A Dopy oP such rules and regulations shall be ai Pile in the Tax Actninistratar~s olPioe. (c) The Thx Administa3tar may malae ~nint,~,-,.five the strict requirements of this Ordinance so that the co ~ ofv~ Tax '~°~ ~~' may ~ made in oontarmanoe with the billing ~ -9- E IJO. 1534 ooallecticn of theor the ~ ~,nf~t~los u/ith ttla g~enBta], pig alt i71 Adn~tnistratar's~of : ~5' of each euc3i e4t shall be an file in the Taxi ~~) two sActainistratar shall determine the eligibility of any ottiint+rne. Zhe Tax r~~nr Ito e00~on ~'0m the Tax iagioeed by, this the name of any P~e1•sCtt td'~o the Tax ~~}~~-ate, ~~Plier with ~~ sezvi~oe ~her~eby~l~ ~ with the address a~ aocota~t ~ ~' stixh e:oe~rt Pez'san. The Tax Admini~s~tratar shall notify the Service Supplier of termination of ~~ ~~ ~ to exertion heretar]er, ar the change of any a ress to supplied to any Persar, 3.34.110. t _ inlaf~rstl ,e n~.....a (a) The Tax AcLninistra~ may melee an asses~ent far Ta~oas not r+aaitted by a Pptrgort z+equuired to remit. ~~ d ~txator determines that a Service User has Y amotutt of the Tax owed by him frtixn the amounts remitted to a P ~~ ~ collect the Tax, ar that a Service User Aciministtatar deem its amount o~ intstBSt o~th~e Cih', such Person may be relieved of the obligation to collect Taxes due tinder this Ordinance from certain named Service Users far specified billing periods. (c) The Service Supplier shall provide the City with amotmts refunded to be paid anc~/ar tu~aid along with the name and addresses of the Service User's neglecting to pay the Tax imposed ta~der provisions of this ~~• l,>henever the Service User has failed to pay the amamt oP Tax far a period of two ar moms billing periods. the Service Supplier shall be relieved of the obligation to collect Taxes due. (d) The Tax Aclministratar shall notify the Service User that the Tax Administratar has asstmied responsibility to collect the Tax due for the ~ ~ ~ide®ard payment o! such Taxes. The nokioa shall be deposit oP the notice in the TJnite~~i~,~ user pei~or~ally ar by addressed to the Service User at the address to b P~'ePar'ed the Peracn r+egtiired to collect ttse Tax; ar, shaild thettla Service User e -lo- rx~. ls3a ~~ ' ~ Mast knows adchress. Zt a Servios User tails to date o! the ~ ~~ tilteen (~) days tr+om the mailing ~ servi~~ not the notice, upon him, wdsicii shall ba the date of Pent (25t) of the a~plistsed in Parson, a Penalty of tw~ty-five amosmt of the Tax set forth in ttse notice shall. be ~' Z2sa P~1ty shall become part of the Tax herein requires ~ ~ 3.34.120. It shall ~ the duty of PaY ar' collect and remoit to the City any Tax ia~osed~byiy Ordinance to ~ period of three (3) years, all reoorria as may be have been liable far the z>snami~utt o! such Tax far which suds Parson may records the Tax ttanoe to the Tax Admirsistrator, y~~ r'aasotsable tames. Qatar shall have the right to inspect at all 3.34.130. . ~( ~ the amourst oP any Tax has been overpaid ar paid more the Tax Adm{++iRr,-,~ ~ esly ar 111egally collected ar received bj, in this section, tas wsder this ~~' it may be rettvr]ed as provided a servi ~li~ the prwisims o! subsectim (a) of this section, remitted the amount ~Y claim a ~~, ar take ae credit against Tasaes illegally collected ar received when i~t is established thatse vioara User trwn wh® the Tax has been collected did not owe the Tax;p¢vvided, however, that neither a reRsnd nor a cti+edit shall be allowed wiles the asoovrst of the Tax so collet-ted has either been reflnxled to the Service User ar credited to c3~arges subseq~y payable by the Sexvioe User to ttse ~~ required to collect and remit. A Service collected Supplier that has ~~ at~id atnaast of Tax in excess o! the amosast o! Tax ia~osed by this the Setvioe User amend claim ~ a ~ioe User, may z+et~ud sum amamt to of Tax whirls is due credit far suds wexpayment against the amoutst claimed in a slZ~an ~Y other monthly rehu~s Provided such credit is return dated no later than three (3) Y'ear's n'wn the date of overpayment. (c) No retwsd shall be paid under the pzwisians oP this section unless the claimant has established the claimants rigtst thereto written records showing entitlement thereto. ~' -11- o • GtttDaUltdCE N0. 1534 (d) Notwithstarrlin3 offset provisions of this section, Whenever a Setvioe Supplier, pursuant to an order of the California Public Utilities ckizonissian ar a court of oatQs~tent jurisdiction, makes a r+eRud to Servioe Users of dsarges tar past utility servioea, the Tasaes paid purBUant ~ this ordinance on the amamt o! suds reRusded charges shall also be refunded to Service Users, and the Service Supplier stsall be entitled to claim a credit tar suds reRaded Taxes against the amount of Tax whirls is due upon the next masthly rebsrns. In the event this Ordinanre is repealed, tksa amounts of any reRn'dable tawes will be paid by the city. (e) A Service Supplier may reRud the Taxes collected to the Service User in accotdarsoe with this section ar by the Service Supplier's r5' practice. (t) A credit ar a refund o! Tax due shall be granted to any, Service User tr+® wixmt the Tax 1s collected to Dover the administrative and clerical expense oP establishirsg and auditing the cost of generating electric energy tar its own use pursuant to the third paragraph of Sect,ion 3.34.040(a). Any suds ac~inistrativs and clerical expense is also subject to audit and apprnpr'iate adjustment pursuant thereto. 3.34.140. files of CbrLar++,r+i~,.,, Woz~ds oP the masculine gender shall be deemed and construed to include ooQZalative words o! the feminine and neuter genders. Unless the context shall ottserwise irsdicate, words i~ortirsg the sires ~lwr ninober shall include the plural number and vice versa. 3.34.150. ~-etit to All Parsa~, ~ City Council has fouid and enjoy privilege of usiig and benefit tz~ the providing by the City, o! municipal services and facilities. 3.34.160. 72~e Tax shall be levied Par a maxismna of twenty-five (25) years Eton the date of its Pirst inposition. 3.34.170. Disposition of Proceeds, 4his Oniinatsoe is hereby declared to be a revenue meastn~e tar general cpvet~mxast purposesf the proceeds of the Tax shall be paid into the general Rod. 3.34.180. Ge7leral Ford Lease. ~ Council !ur'tlser pt~opoBes to enter into a lease obligation with a qualified lessor (the "lessor") whereby the -12- C+RD~D1rK~ N0. 1534 ~tY would beooras obligated to pay rental payments to the lesser fr+cm the ~~ ~~=~s~~cg..~T~~• r r -..., vc not to e~ooeed tw~enty~-live (25) Yearst the tensor ~cttld assign its rights to reioeive rental payments to a trustees and the city and the lessor would authorize the trustee to sell certificates of participation in the rental paymetrts payable by the City, the proceeds of which would be used to linanoe the acquisition, OOon, improvement arrl equippitg o! the Facilities. 3.34.190. )?fir ~ itie,n, ~e pyre o0[ifex2ieid by this 02$inar~e are in addition to, and the limitatia~s is4~osed by this OtYlinance do not affect, the powers oonlerred by any other law ar p~~~ 3.34.200. Ottiir~am, Contxell i„n, g }~{g p~~ ~ irlo0nsisteTlt with any other law, this Ordinance is ~u~, 3.34.210. yl ~,,,,-ri.b_., ~ p~~~ ~1 ~ liberally oonsttved to promote its objects. 3.34.220. IIefect or iaai.~., y tiai+yr of Proan~di,Y„a e,. m~ ZP the jurisdictia, of the Council to ozder the preposed act is not affected, the defect ar ~isaion of any officer in pr~ooeedings tIDder th{s p~{~~ does not invalidate the pz,ooeedin3s ar taxes levied urxler this Ordinance. 3.34.230. Limitation o! ions, ~e validity of this Oniinanoa ar of arty tax levied pursuant to this Ottlinanoe shall not be contested in any defense sf,nitPmo~o~ei~ar defense unless such action ar pz~ooeeding ar date oP the t or ~~ within ninety (90) days frzm the approval of this Ondinarne a~ the levy of said tax by the voters of the City on November 6, 1990. Unless an action ar prnoeedirg is casoenced ar such defense raised within said period, this Ordinance aryl any tax levied pursuant to this Ordinance shall be held valid and in every z~espect 3.ega1 and inoont~table. 3.34.240. sue.-at,i 1 i±s . IP an), ~ti~, liar, subdivision, P~g~ph. sentence, clause ar phrase of this Ordinance ar any part hereof is for any reason held to be ~stitutional, such decision shall not affect the validity of the remaining portions of this Ordinance ar any part thereof. ~e Council declares that it would have passed each section, subsection, subdivisions, paragraph, sent'.enos, clause ar paragraph thereof, irnespective of the fact that any one ar more sections, subsections, subdivision, paragzaphs, sentenoea, clauses ar phrases is declared titutional. -13- C+RDII~iCE ND. 1534 Azticle 2. Elections Call o! Elect•r.,= A special m~aiicipel eleCtiotl is hereby oiled and °~~ to ~ held ~ the cih' ~ Zt~esday, November 6, 1990 at whic3i election there shall be submitted to qualified esters o! the city the p~ropasition set forth below: Prnoosition. ~e panpoeitian shall appear on the ballot far said special municipal election in the following farm: Shall Ordinance No. 1534 of the City of~Cupertino, adopted by the City cautcil of the City of Cupertino an August 9, 1990, be approved in order to authorize 1) the acquisition and preservation of Hlacl~erty Farm as open space, the acquisition and pz+eservatian of other' open space lard within the City and the caLStructian of public recreation facilities consistent with the preservation and public use of the open space, and 2) the imposition of an electric, gas and telephone utility users excise Tax at rates of not to exceed two and Party knudredt2~a perosnt (2.40$) of the monthly bills far said utility services (subject to an e~amQtion far senior citizens), far a period o! not to exceed twenty-fives (25) Y~~, Pr'w~1 that the City Cauycii has tarn the initial legal action necessary to assure the omQleticn o! the acquisition and preservation of certain municipal facilities, constituting open space facilities, generally described in the Ordinance?° ~ 4he council does hereby submit to the qualified votezs of the City, at special municipal election, this ordinance and the prropositicn set Porth above. Estimated Cost. use estimated costs o! the acquisition, eonetructiar, improvement and equipping of the Fhcilities is twenty-five million dollars ($25,000,000). ~issianr Intent. ~a Oaa~cil dose hereby submit to the qualified voters of the City, at said special municipal election, this Ortiinanoe arxi -14- 2J0. 1534 thB prOpoeitiotl sat to¢th iTl the Section entitled " n Cj'tY Pr'opoees t0 ao~quir,B, CQ1BtrUG't, imprWS arsd ~ ~ 421e levy the ewcise tax and to etster into a lease obli with alqualiPied ~~ ~ ~~objects and purposes sat larth above if a majority of favar thereof. ~ an the prnpositicn sat forth above vote in the 9~1 llsrnt of the City.~~s tasder tha lease shall be payable frtiia Iblis Oom,, qhe pow far said election shall be ~ at seven o'clock A.M. of the day o! said election and shall r+s,~ain ~ °lY fpm said time until eight o'clock P.M. of the same day, whets said ~~ shall ~ closed, as Pmovided its section 14301 of the Califatnia Elections Code. 4~solidation Wits+ Ste a.rtrL renn,97 sn ~ ,~ @leCtiCn hereby called far the date heneissbafara ~~ mstLici ~ herby, ozsiered consolidated with the statewide~ified shall be, and held within the City ors said date, and within the t ~~ar to be the consolidation, the election shall be held a~ tom' affected by ballots ooussted and rettursed, r+eriszns ~~~~ and resul~~~ ~~' all other pry ~iderttal to and oorsnected with the electiao~sha~1 the statewide and done ~ 8000~~ with the p~rvvisions of law regulating s~per'visors of Santa Clara ~ and specified herein. 4ha Board of ~~~tian of the special ~cipal election hereby called with said qty ~ general election, arsd the Board of Slspervisors of Santa Clam mmici ~Y authorized to canvass the returns of said special there ware~orslyarona election andand orsly one cazn oP ballot shall be used. Said Board of Supervisors; shall certify. the results of the canvass of the returns of said special municipal electirn to the oaascil ~~ shall ~~~ shall bed ~ results t2sereof. Z2se measure sutsaitted by this left margin of t2se ~i~gnated on tYse ballot by a letter p2~ir~-,ed ar t~ provided in section 10219 of the ~ ~{a n ~f the ma~,e' ~ As if one E1 ir,n, 'ale eleCtiCne hereby COrl9olidated shall be held in all respects as if theta ware only one election, assd cvtly one form of ballot shall be used. Votim sifirar~,...c All par.~~ qualified to vote at municipal elections in the City upon the data of the elections -15- NCO. 1534 provided far shall ba c~salifiad to vote ~ }~ p~i~ submitted at said special election. l~ll4~• Ballets far the election shall be pzwided in the foam ani printed mattes p~ ided by law. 4i said ballots, in additim to any other set off to the ~Y ~ ~~ ~ ~, twn ~~ shall be right of the paopoeiticn submitted at the election, !n the maIRler p~Wided by law' one having the WO2T1 "}(gyp Printed before it asd the other having the WORd "NO" printed before it. ~~od of v~i.,~, Each voter to vote far the prtpoeition shall stamp or write a ca.~oes, ar irdicata by hole ponds ar other means, in the blank space opposite the ward "YF5" m the ballot to the right of the PznPoeitlont ani each vales to vote against the p~gxsitian shall stamp ar write a cvices, ar indicate by hole pu7x3s ar other means, in the blank spaoa opposite the word 'Rio" on the ballot to the right of the P~nP~iticn. Stblication. This Otdinanoe shall be published anoe a day far at least seven days. in a s~rspnper p~.inted, Published ani ciraslated at least six days a wee7c in the City, ar onoa a week far two weeks in a newspaper Printed, Published and aiztiulated less than six days a week in the City. The first o! said publications shall, in either event, be within fifteen (15) days after the adoption of this Ozdinance. The City Clerk is hereby authar'ized and directed to make said publicatia~a and to transmit, far receipt no later than August 10, 1990, a certified Dopy of this Otdinanoa to the app~vvpriate officials of Santa Clara pauity zespmyible far preparing the ballots far said electim. Etf~ive Date. Tots ordinance shall beoam effective immediately upon its adoption by two~lhirds vote of all the members of the Council. City of! Cupertim~ ~ ~ regular ~ of the City oc~aycil of the day of August, 1990, and B~11C1'ID at an aajau~ned regular meeting of the City cxxa~cil of the City of aipertino this 9th day of August ,1990, by the following vales -16- IJC. 1534 yg~ Mmnbexs of tha City Oo4a~ai1 A}~g; Koppel, Sorenean, Szabo, Rogers Z~pEg= None Ag4fNPi Goldman AffiTAIIds None ATTFS'P: APH~7V~2 City Q ~1"ar'~ aL7f o!