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Agenda Item No. S(B) ORDINANCE NO. 2012-02 AN ORDINANCE OF THE CITY OF EL CERRITO SETTING A REDUCED TAX RATE ONLY FOR FISCAL YEAR 2012-13 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 WHEREAS, by prior resolution, the City Council authorized staff to enter into a lease financing transaction to fund the renovation and reconstruction of the Swim Center (the "Lease Financing Transaction"); and WHEREAS, the City has completed each of the Authorized Improvements, but must continue to fund the Authorized Improvements through the Lease Financing Transaction; and WHEREAS, the City Council has determined that the City will be able to meet its Fiscal Year 2012-13 obligations in connection with the Lease Financing Transaction by levying the Special Tax at a rate lower than the maximum rate; and WHEREAS, Section 4.56.040 of the El Cerrito Municipal Code provides that the City Council may reduce the amount of the annual Special Tax for any classification of property if the City Council determines that it is in the public interest to do so; and WHEREAS, the City Council has determined that it is in the public interest to impose the Special Tax at a rate for Fiscal Year 2012-13, which is lower than the maximum rate. 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 2011 12, 2012-13, the Special Tax imposed pursuant to Chapter 4.56 ofthe 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. ---PAGE BREAK--- Agenda Item No. S(B) 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 hav:e 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. THE FOREGOING ORDINANCE was introduced and first read at a regular meeting of the El Cerrito City Council on April 3, 2012, and adopted by the following vote on of ,2012: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: William C. Jones III, Mayor ATTEST: Cheryl Morse, City Clerk