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Agenda Item No. 5(B) ORDINANCE NO. 2014-02 AN ORDINANCE OF THE CITY OF EL CERRITO SETTING REDUCED TAX RATES FOR FISCAL YEAR 2014-15 ONLY FOR THE SPECIAL TAX IMPOSED PURSUANT TO CHAPTER 4.56 OF THE EL CERRITO MUNICIPAL CODE WHEREAS, Chapter 4.56 of the El Cerrito Municipal Code provides for a special tax (the “Special Tax”) for the purpose of renovating and reconstructing the El Cerrito Swim Center (the “Swim Center”), rehabilitating the Canyon Trails Clubhouse, and performing access and restroom renovations to the Harding, Huber, and Poinsett Park Clubhouses (collectively, the “Authorized Improvements”); and WHEREAS, the Special Tax was approved by the voters at the March 7, 2000 election as Measure A and includes a maximum rate authorized per single-family residential unit, multi- family residential unit, and acre of non-residential property (the “Maximum Rates”); and WHEREAS, each fiscal year, the City Council may amend Section 4.56 of the El Cerrito Municipal Code to reflect the lower rates if it determines that it is in the public interest to do so, or else the Maximum Rates will be levied; and WHEREAS, the City Council has determined that the City will be able to meet its Fiscal Year 2014-15 obligations in connection with funding and financing the Authorized Improvements, by levying the Special Tax at rates lower than the Maximum Rates. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CERRITO HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Sections 4.56.020 of the El Cerrito Municipal Code is hereby amended to read as follows (additions in underline; deletions in strikethrough): B. For Fiscal Year 2013-14 2014-15, the Special Tax imposed pursuant to Chapter 4.56 of the El Cerrito Municipal Code shall be imposed in the amount of $38.61 per single family residential unit, $29.73 per multifamily residential unit, and $270.66 per acre of non-residential property. Thereafter, unless the Council adopts a further amending ordinance, the Special Tax shall be imposed at the Maximum Rate for each type of property. SECTION 2. It is the intent of the City Council that, if any tax imposed under this Ordinance is for any reason held to be unconstitutional or contrary to state law, the tax which would have been imposed had this ordinance not been adopted shall remain effective. SECTION 3. This ordinance shall take effect thirty days after passage and within fifteen days after passage, a summary of this ordinance shall be posted in accordance with Section 36933 of the Government Code of the State of California with the names of those City Council members voting for and against it. ---PAGE BREAK--- Agenda Item No. 5(B) THE FOREGOING ORDINANCE was introduced and first read at a regular meeting of the El Cerrito City Council on April 22, 2014, and adopted by the following vote on May 6, 2014: AYES: Councilmembers Benassini, Bridges, Friedman, Lyman and Mayor Abelson NOES: None ABSENT: None ABSTAIN: None ADOPTED AND ORDERED published at a regular meeting of the City Council held on the 2014, and passed by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers APPROVED: Janet Abelson, Mayor ATTEST: Cheryl Morse, City Clerk IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on 2014. Cheryl Morse, City Clerk ---PAGE BREAK--- Agenda Item No. 5(B) ORDINANCE CERTIFICATION I, Cheryl Morse, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. 2014–02 of the City of El Cerrito; that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the day of 2014; and that said Ordinance has been ordered published and/or posted in the manner required by law. WITNESS my hand and the Official Seal of the City of El Cerrito, California, this day of 2014. Cheryl Morse, City Clerk