HomeMy WebLinkAboutResolution No. 00-C138•
RESOLUTION NO. 00-C 138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY OF CERTAIN MEASURES RELATING TO
AMENDMENTS OF THE CITY'S BUSINESS LICENSE TAX CONCERNING RENTAL
PROPERTIES, SMALL BUSINESSES GENERATING UNDER $5,000 IN GROSS
RECEIPTS AND OUT-OF-TOWN BUSINESSES AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, MARCH 6, 2001, AS CALLED BY
RESOLUTION NO. 00-C122.
WHEREAS, a General Municipal election on Tuesday, MARCH 6, 2001, has
been called by Resolution No. 00-C122, adopted on October 16, 2000, and
WHEREAS, the City Council also desires to submit to the voters at the
election questions relating to amendments of the city's business license tax
concerning rental properties, small businesses generating under $5,000 in
gross receipts and out-of-town businesses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council, pursuant to its right and authority, does
order submitted to the voters at the General Municipal Election the following questions:
Measure A: Shall Ordinance No. 2000-13 be adopted which amends the City's
business license tax to 1) repeal the exemption that allows some businesses
generating gross receipts of less than $5,000 to pay no tax and 2) require out-of-town
businesses to pay business license taxes based on a formula to ensure that all gross
receipts are counted during a calendar year?
Measure B: Shall Ordinance No. 2000-14 be adopted which amends the City's
business license tax on rental properties (of four or more units) to charge a flat tax on
each unit, indexed to inflation, instead of the current formula based on gross
receipts?
SECTION 2. That the proposed measures, in the form of ordinances, to be
submitted to the voters are attached as exhibit A and exhibit B.
i
0
SECTION 3. That in all particulars not recited in this resolution, the election
shall be held and conduced as provided by law for holding municipal elections.
SECTION 4. That notice of the time and place of holding the election is given
and the City Clerk is authorized, instructed and directed to give further or additional notice
of the election, in time, form and manner as required by law.
SECTION 5. That the City Clerk shall certify to the passage and adoption of
this resolution and enter it into the book of original resolutions.
pncsGn naoanvGn AND ADOPTED this 4th day of December, 2000.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
City Council of the City of Azusa at a regular meeting thereof, held on the 4th day of
December, 2000, by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
I&A 4ta 61Z k4o
ASSISTANT CITY CLERK
Page Two
MEASURE A
0
ORDINANCE NO.O-2000-13
0
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA,
AMENDING SECTIONS 18-17,18-691 AND 18-693 OF THE
AZUSA MUNICIPAL CODE CONCERNING A LICENSE TAX
BASED ON NUMBER OF EMPLOYEES AND
MISCELLANEOUS BUSINESS LICENSES
THE PEOPLE OF THE CITY OF AZUSA, CALIFORNIA DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 18-17, subsection (d) of the Azusa Municipal Code is hereby
deleted in its entirety and restated to read as follows:
"(d) Gross receipts calculation. Whenever the license tax is determined or
calculated upon a basis of the gross receipts from the conduct of business,
the provisions of this subsection shall apply. The license tax for the first year
on a new business shall be a flat tax of $90.00 for five employees or less and
$150.00 for more than five employees in addition to any gross receipts tax
due and payable upon renewal, transfer, or expiration of the business
license. Home occupations shall pay a first-year license tax of $50.00 in
addition to any gross receipts tax due and payable upon renewal, transfer,
or expiration of the business license. Any business for which a previous
business license has been issued and which has not been renewed within
six months of expiration shall pay a license tax based on a first year license
tax. Thereafter, the tax upon every transfer, expiration, and renewal of the
business license shall be based on the gross receipts of the business for the
immediately preceding year for which the business license was issued. The
business license tax is due and payable at the time the first application for
a license is filed, upon the application for the transfer of a license, at the time
an application is filed for the renewal of the license, or within ten calendar
days of the business license expiration, whichever is earlier. Thereafter, each
license shall be obtained annually by completing a notice of renewal and
submitting the appropriate information and payment of any tax and fees due.
Any application for renewal or transfer shall be accompanied by a sworn
statement of the amount of gross receipts."
SECTION 2. Subsection (1) of Section 18-691 of the Azusa Municipal Code is
-1-
0
hereby deleted in its entirety and restated to read as follows:
"(1) Group 1: Gross receipts during fiscal year of business between $0.00
and $4,999.00 shall pay a tax of $50.00."
SECTION 3. Section 18-693 of the Azusa Municipal Code is hereby deleted in its
entirety and restated to read as follows:
"Sec. 18-693. Contractors.
Every person who is engaged in the business of general or building
contractor, as licensed by the state as an engineering, general or
subcontractor, shall pay a license tax in accordance with section 18-691,
provided that tax shall be owing only on gross receipts from work performed
within the city. The Gross Receipts Tax provided for in Section 18-691 shall
be paid at the same time an application for any construction permit or work
of improvement permit is applied for. Where work is performed not requiring
a permit, or performed as a subcontractor under permit(s) obtained by
another, the Gross Receipts Tax shall be paid upon application, renewal,
transfer, or expiration of the business license. For purposes of this section,
the Gross Receipts shall be based upon a signed affidavit provided by the
Business License Division. Where subsequent evidence reveals that the
Gross Receipts are greater than reported, a penalty as set forth in section
18-28 shall be applied to all gross receipts under reported from the date the
tax was due."
SECTION 4. The City Council may amend Chapter 18 of the Azusa Municipal Code
and this Ordinance of the Azusa Municipal Code without a vote of the people to the extent
necessary to implement the procedures for collection of the tax.
SECTION 5. This Ordinance, being for the enactment and imposition of a general
tax, shall be submitted to a vote of the people at the City's general municipal election
scheduled for March 6, 2001. This ordinance shall become valid and binding if a majority
of the voters voting thereon vote in its favor at said election. If the provisions of Proposition
218 or Government Code Sections 53720 et seq., are duly repealed or amended, or
interpreted by the courts so that a vote of the people is not required for enactment of this
Ordinance, then this Ordinance shall take effect as provided for all other City ordinances
and may be amended in the same manner as all other City ordinances.
SECTION 6. If any section, subsection, part, clause, sentence or phrase of this
Ordinance, the application thereof is for any reason held to be invalid or unconstitutional
by a decision of any court of competent jurisdiction, the validity of the remaining portions
-2-
0 0
of this Ordinance, the application thereof, and the general taxes imposed shall not be
effected thereby but shall remain in full force and effect, it being the intention of the voters
to adopt each and every section, subsection, part, clause, sentence phrase regardless of
whether any other section, subsection, part, clause, sentence or phrase or the application
thereof is held to be invalid or unconstitutional.
SECTION 7. This Ordinance and the levying of the general taxes described herein
shall be effective ten (10) days after the date on which the City Council has declared that
the voters of the City of Azusa have approved this Ordinance by a vote of more than 50%
of the votes cast by the electors voting on the general tax set forth in this Ordinance.
SECTION 8. The City Clerk shall certify the adoption of this Ordinance and shall
cause it to be published in the manner required by law.
-3-
MEASURE B
0
ORDINANCE NO.O-2000-14
0
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA,
AMENDING SECTION 18-703 AND SECTION 18-6 OF THE
AZUSA MUNICIPAL CODE CONCERNING A LICENSE TAX
FOR RENTAL OF APARTMENTS, ROOMINGHOUSES,
SINGLE AND MULTIFAMILY DWELLING UNITS
THE PEOPLE OF THE CITY OF AZUSA, CALIFORNIA DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 18-703 of the Azusa Municipal Code is hereby deleted in its
entirety and restated to read as follows:
Sec. 18-703. Rental of Apartments, roominghouses, individual homes.
Every person engaged in the business of renting or operating rental units
such as any apartment house, house court, bungalow court, boardinghouse,
rooming house, lodging house, individual home, duplex or triplex whether
attached or detached, or other accommodations for dwelling, sleeping,
housekeeping or lodging in any place located within the city, regardless of
whether the rental is at one location or at various locations, shall pay a
license tax of $120.00 per year for each apartment unit, house, dwelling unit,
bungalow, mobilehome, or other rented housing within a rooming or lodging
house rented or occupied by a person or persons other than the property
owner(s) as evidenced by a grant deed of trust; provided, however, that
every person engaged in the business of renting or operating only three or
fewer of such rental units shall pay a license tax computed on gross rental
receipts from those properties as follows:
Under $5,000 per year
$50.00
$5,000 - $10,000 per year
$50.00 plus $1.50 per
$1,000
$10,000 - $20,000 per
$60.00 plus $2.50 per
year
$1,000
-1-
0
011
$20,000 and over $70.00 plus $3.50 per
1$1,000
SECTION 2. Section 18-6 of the Azusa Municipal Code is hereby amended to add
the following language to the end of the first sentence of this section to provide for an
annual consumer price index increase on the taxation on the rental of four or more units:
"and the flat rate business license tax on the rental of four or more units, pursuant
to Section 18-703 shall also be increased annually, commencing on January 1, 2002. -
SECTION 3. The City Council may amend Chapter 18 of the Azusa Municipal Code
and this Ordinance amending Section 18-703 of the Azusa Municipal Code without a vote
of the people to the extent necessary to implement the procedures for collection of the tax.
SECTION 4. This Ordinance, being for the enactment and imposition of a general
tax, shall be submitted to a vote of the people at the City's general muncipal election
scheduled for March 6, 2001. This ordinance shall become valid and binding if a majority
of the voters voting thereon vote in its favor at said election. If the provisions of Proposition
218 or Government Code Sections 53720 et seq., are duly repealed or amended, or
interpreted by a court so that a vote of the people is not required for enactment of this
Ordinance, then this Ordinance shall take effect as provided for all other City ordinances
and may be amended in the same manner as all other City ordinances.
SECTION 5. If any section, subsection, part, clause, sentence or phrase of this
Ordinance, the application thereof is for any reason held to be invalid or unconstitutional
by a decision of any court of competent jurisdiction, the validity of the remaining portions
of this Ordinance, the application thereof, and the general taxes imposed shall not be
effected thereby but shall remain in full force and effect, it being the intention of the voters
to adopt each and every section, subsection, part, clause, sentence phrase regardless of
whether any other section, subsection, part, clause, sentence or phrase or the application
thereof is held to be invalid or unconstitutional.
SECTION 6. This Ordinance and the levying of the general taxes described herein
shall be effective ten (10) days after the date on which the City Council has declared that
the voters of the City of Azusa have approved this Ordinance by a vote of more than 50%
of the votes cast by the electors voting on the general tax set forth in this Ordinance.
SECTION 7. The City Clerk shall certify the adoption of this Ordinance and shall
cause it to be published in the manner required by law.
-2-