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HomeMy WebLinkAboutReso 1982-10927 RESOLUTION NO. 10927 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LOCAL OPTION FUEL TAX BALLOT PROPOSITION AND AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the County of San Diego proposes to submit a proposition to the electors of San Diego County authorizing a two cent increase in gas taxes, and WHEREAS, said taxes would be distributed to the local agencies providing an estimated $693,000 to the City of Chula Vista which funds may be used for maintenenace, construction, repairs and safety improvements on local streets, and WHEREAS, in addition to the approval of the electors of the County, it is also necessary to enter into a Local Option Fuel Tax Agreement which must be approved by the County and all cities in order to become effective if and when the proposed ballot proposi- tion is approved by the voters. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the proposition to be submitted to the voters of San Diego County as shown on Exhibi t "A", attached hereto and incor- porated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the City Council does hereby approve the San Diego County Region Local Option Fuel Tax Agreement marked as Exhibi t "B", attached hereto and incorporated herein by reference as if set forth in full, and authorizes the Mayor to execute the same. Presented by A~~ George D. Lindberg, City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this /9 82, by the following vote, to-wit: McCandliss, 6th day of July AYES: Councilmen Cox, Malcolm, Moore NAYES: ABSTAIN: ABSENT: Councilmen None CotJ"lcilmen None Councilmen Scott Mayor ATTEST ~ ~l (~b~ V City Clerk RCe City of Chula Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10927 , and that the same has not been amended or repealed. DATED City Clerk ( seal) CC-660 . . EXHIBIT A MEASURES SUBMITTED TO VOTE OF THE VOTERS COUNTY QUESTIONS PROPOSITION: For the purpose of maintenance, construction, repairs and safety improvements on local city and county roads, shall the County of San Diego levy a countywide motor vei1icle fuel tax in the maximum amount of t'MJ cents per qallon and two cents per 100 cubic feet of compressed natural gas (used as motor vehicle fuel)? 1?-/{/f~7 n YES U t!O n u . .. [Vpm'''- (Arili)j i B SAN DIEGO COUNTY REGION LOCAL OPTION FUEL TAX AGREEMENT THIS AGREEMENT executed this 6th day of July , 1982, by and bebveen the cities of Carlsbad, Chula Vista, Coronado, Del r.1ar, El Cajon, Escondido, Imperial Beach, La ~1esa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee~ Vista, all municipal corporation~ within the County of San Diego, hereinafter called the CITIES, and the County of San Diego, a political subdivision of the State of California, hereinafter called the COUNTY. lHTNESSElH WHEREAS, a Local Opt ion Fuel Tax (LOFT) rnay be imposed by il County on c. Countywide basis in accordance with Port 4, (commencing with Sect.ion 9501) of Division 2 of the Revenue and Taxation Code; and WHEREAS, Section 9502(a) of the Revenue and Taxation Code specifies that prior to imposition and collection of any tax under Part 4, cl proposition granting authority to the COUNTY to impose the tax sh~ll be submitted to and approved by the voters at an election; and WHEREAS, Section 9502(b) of the Revenue and Taxation Code specifies that a propos it ion may be submitted to the voters only if it is approved by the Board of Superv i sors of the COUNTY, and a majOl-Hy of the City Council $ of the CITIES having a majority of the population in the incorporated areas of the County and that the COUNTY and the CITIES within the County must have a written agreement \'lith respect to allocation of the revenues- betvleen the COU~TY and CITIES; and WHERE;\S, this AGREG1ENT specifies the allocation of Locul Option Fuel Taxes between COU~nY and CITIES in accordance with Sect ion f)502(h) of the Revenue and Taxation Code. 1(-/tJ ',1./ ;-.. .' . N():~ THEREFORE. THE COUNTY AND THE CITIES WITHIN THE COUNTY OF SAN DIEGO as specified in Section 9502(b) HEREBY AGREE to the fo11o\'ling Local Option Fuel Tax allocation formula and related conditions. 1. The Local Option Fuel Tax allocation formula for the San Diego County region shall be as follows: A. The COUNTY and each of the CITIES existing as of July 1 each year shall receive an annual lump sum base amount of $)00.000. B. All Local Option Fuel Tax revenues remaining after the lump sum dis- tribution described in preceding ParagrJph I.A. shall be distributed to the cities and the unincorporated port ion or the County on the fo 11 o;./i ng bas is: 1. 1/4 based on maintained centerline road miles. The maintained road mileage basis shall be recalculated effective ,July 1 each year using the roost recent mileage data available from CALTRANS. 2. 3/4 based on population. The ["lopulation pcrccntagr basis shall be recalculated effective July 1 each yeill' using the Jr.:Jst recent population data available from the State Department of Finance. 2. The terms of this agreement shall be subordinate to any State law or regulation governlng the collection, allocation or expenditure of Local Option Fuel Taxe;. 3. New CITIES \.ihich incorpOl~ate shall Shil1'e in the LOn revenues described in Paragraph 1. Section B, 1 and 2. prorated as to their date of incor- poration. Distribution of LOFT revenues to new CITIES shall be on the same formula basis as to those CITIES \'Jhich wpn~ original parties to the AGREH1ENT. f-/ Ct;;27 ---- -.-------- -------.------.- . . . 4. This Agreement may be signed in counterparts, each of which so executed shall be deemed an original, and said counterparts together shall consti- tute one and the same instrument. 5. Th i s Agreement shall remain in effect for the durat ion of the tax and may not be lTX)dified, arnended or othenlise changed unless by on amendment executed by the parties hereto. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed C~ the date first above written. City ofLernonGrovc- ITty of Nat iciriilT-CTEY--- City of Coronado City of Oceanside City of De 1 r1ar Ci t.y of Powaj' C i t Y 0 f E 1 C aj 0 n City of San Diego City of Escondida City of San Marcos City of Imperial Beach C i ti-OfSantee City of La Mesa City of Vi sta City ot City of City of City of City of C it.y of County of San [liego R - / oCj;; 7 ......