Reso 2004-105 - Laserfiche WebLink

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2004 - AN ORDINANCE OF THE VOTERS OF THE CITY OF SAN LEANDRO ESTABLISHING A SPECIAL TAX FOR POLICE AND FIRE PROTECTION THE PEOPLE OF THE CITY OF SAN LEANDRO, DO ORDAIN AS FOLLOWS: SECTION I: PURPOSE, INTENT AND AUTHORITY. It is the purpose and intent of this Ordinance to authorize the levy of a tax on owners of real property that are within the city limits of the City of San Leandro ("City") in order to provide funding far police and fire protection to serve the property and persons within the City. This Ordinance is adopted pursuant to Government Code section 53978. The tax proposed herein shall be effective only if approved bytwo-thirds of the voters, as further specified herein. The tax is a special tax within the meaning of Section 4 of Article XIIIA and Article XIIIC of the California Constitution because it will be used for specific purposes. Because the burden of this tax falls upon property owners who have developed their property, or whose non-development of property necessitates municipal services, this tax is an excise tax. This tax is not determined according to nor in any manner based upon the value of property. Rather, it is based on the privilege of using and the use of police and fire services by developed and some undeveloped properties and on the availability of police and fire services to developed properties within the City. The revenues raised by this tax are to be used solely (a) for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of the City; and (b) for the purposes of obtaining, furnishing, operating, and maintaining fire protection equipment or apparatus, for the costs of fire protection personnel provided by the County of Alameda, or provided by the City's own employees, and for such other fire protection service expenses as are deemed necessary for the benefit of the residents of the City. SECTION H: FINDINGS. The City Council ("Council") recognizes that residentially and non-residentially developed parcels both use police and fire protection services. The Council has, therefore, determined that the tax should be imposed on both residentially and non-residentially developed properties, and that the tax on each type of property should be proportionate to their use of the services. The apportionment of the tax to various types of properties is based, in part, on the intensity