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HomeMy WebLinkAboutOrdinance 1336 (Paramedic Tax)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1336 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 3, FINANCE AND TAXATION, OF THE SAN RAFAEL MUNICIPAL CODE, BY ADDING A NEW CHAPTER 3.28, PARAMEDIC SERVICE SPECIAL TAX is a true and correct copy of an ordinance of said City, and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the 18th day of June 19 78 Published as re- quired by City Charter in the Independent -Journal , a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 2nd day of July 19 79" by the following vote, to -wit: Ayes: Councilmembers: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan Noes: None Absent: None WITNESS my hand and the official seal of the City of San Rafael this 9th_ day of Jul v 19 79_ JE l�LEON(INI,Ci y Clerk ORDINANCE NO. 1336 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 3, FINANCE AND TAXATION, OF THE SAN RAFAEL MUNICIPAL CODE, BY ADDING A NEW CHAPTER 3.28, PARAMEDIC SERVICE SPECIAL TAX THE PEOPLE OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 3 of the San Rafael Municipal Code is amended by adding a new Chapter 3.28, Paramedic Service Special Tax, to read and provide as follows: CHAPTER 3.28 - PARAMEDIC SERVICE SPECIAL TAX Section 3.28.010 Title. 3.28.020 Purpose and Intent. 3.28.030 Definitions. 3.28.040 Special Tax Imposed. 3.28.060 Annual Revision and Incidental Charges. 3.28.070 Persons Liable for Tax. 3.28.090 Delinquency, Penalty and Interest. 3.28.100 Amendments. 3.28.010 Title. This Chapter shall be known as the Paramedic Service Special Tax Ordinance. 3.28.020 Purpose and Intent. It is the purpose and intent of this Chapter to impose a special tax upon those people residing within the corporate limits of the City of San Rafael to fully fund a Paramedic Service program therein. This Ordinance, upon its passage by two-thirds of the voters voting upon this measure, shall add a new Chapter 3.28 to the San Rafael Municipal Code, imposing a special tax to cover all costs attendant to this program. By seeking approval of the voters, the City of San Rafael and its officials shall be as- sured that the residents are desirous of paramedic service and willing, to pay for it. An election is also required to comply with the provisions of Proposition 13, passed by the voters of the State of California on June 6, 1978, which requires that a special tax shall only be passed by the affirmative vote of two-thirds of those voting at an election. 3.28.030 Definitions. For the purpose of this Chapter, the words defined in this Section shall have the meaning assigned to them unless from the context it appears that a different meaning is intended. i � At 0 E- - G'__ N N a (1) "Area" as used in this Chapter means the corporate limits of the City of San Rafael. (2) "Assessor" as used in this Chapter means the Assessor of the County of Marin. (3) "Basic Tax Rate" as used in this Chapter means the rate of tax as approved by the voters on March 6, 1979. (4) "Council" as used in this Chapter means the City Council of San Rafael. (5) "City Manager" as used in this Chapter means the City Manager of San Rafael. (6) "Living Unit" as used in this Chapter means a single or individual habitation space for a family, as set forth in the rolls of the Marin County Assessor. (7) "Person" as used in this Chapter means any individual, firm, partnership, joint venture, association, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syn- dicate or any other group or combination acting as a unit. 3.28.040 Special Tax Imposed. A special tax is imposed upon each living unit within the corporate limits of the City of San Rafael on an annual basis. 3.28.060 Annual Revision and Incidental Charges. The Council shall determine annually, based upon a budget recommended by the City Manager, whether the basic tax rate shall be revised to reflect changes in charges and costs. If the Council determines that the basic tax rate shall be revised, it shall so revise said rate by Ordinance passed by a simple majority of the Council. The Council shall not revise the basic rate except upon its determination that the basic rate is insufficient to cover the cost of providing the paramedic service to San Rafael residents. The Council may upon recommendation of the City Manager, determine incidental fees and charges pursuant to this Ordinance by Resolution. 3.28.070 Persons Liable for Tax. The special tax im- posed by this Chapter for paramedic service is due from every person who is the owner of a living unit, as reflected upon the rolls of the Assessor, at the same time ad valorem property tax is due, and is collected in the same manner. The Marin County Tax Collector shall EPM collect the tax and any penalty or interest due hereunder. The full amount due under this Chapter shall constitute a debt to the City. An action for the collection thereof may be commenced in the name of the City in any court having jurisdiction of the cause. 3.28.090 Delinquency, Penalty and Interest. To any amount of the tax created by this Chapter which becomes delinquent, the Marin County Tax Collector shall add a penalty in an amount equal to any unpaid portion of the ad valorem property tax. The tax and penalty shall bear interest at the same rate as any portion of unpaid ad valorem property tax until paid. 3.28.100 Amendments. If any Section of this Ordinance is held invalid or unenforceable by any court, and such judgment becomes final, then that Section may be amended by the Council by a majority vote to conform with the judgment of such court, provided that such amendment is consistent with the purpose and intent of this Ordinance. DIVISION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 3. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Attest: J E M. LEONCINI, i y Clerk LAWRENCE E. MULR AN, Mayor -3- The foregoing Ordinance No. 1336 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 18th day of June 1979, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner and Nixon and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 2nd day of July , 1979. NE M. LEONCINI,`City Clerk -4-