NOTICE OF INTENT TO CIRCULATE A PROPOSED MEASURE THAT REPEALS SPECIFIED UTILITY USER TAXES
NOTICE OF INTENT TO CIRCULATE
Legal Notices: NOTICE OF INTENT TO CIRCULATE PETITION To The Clerk of the City of Glendale: Notice is hereby given by the persons whose names appear hereon of their intention to circulate the attached petition with the City of Glendale for the purpose of repealing existing ordinances permitting the taxation of utilities and prohibiting the enactment of future utility taxes except upon submission to the voters and approval by two-thirds of the votes cast. Pursuant to applicable provisions of law, we respectfully request that you immediately deliver this notice to the City Attorney and that he prepare a Title and Summary within the time prescribed by law and return it to us. All notices, communications and correspondence may be directed to us in care of William Taliaferro at his address below. Dated: September 4, 2013 at Glendale, California. //ss// William Faliaferro William Taliaferro 1457 Beaudry Blvd Glendale, CA 91208-1707 //ss// Kenneth Landon Kenneth Landon 1440 Beaudry Blvd. Glendale, CA 91208-1708 //ss// John Voors John Voors 2923 Montrose Ave 105 La Crescenta, CA 91214 TITLE AND SUMMARY The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed Charter Amendment. TITLE: A PROPOSED MEASURE THAT REPEALS SPECIFIED UTILITY USER TAXES AND PROHIBITS CITY FROM IMPOSING OR COLLECTING ANY TAXES, FEES, CHARGES OR ASSESSMENTS FOR UTILITY GOODS OR SERVICES; PROHIBITS CITY FROM ENACTING OR ENFORCING ANY ORDINANCE, RULE OR REGULATION REQUIRING PAYMENT, REMITTANCE OR COLLECTION OF ANY TAX, FEE, CHARGE OR ASSESSMENT FOR THE GENERATION, SALE, LEASE, PURCHASE, SUPPLY, PROVISION, USE, TRANSPORTATION, OR DELIVERY OF ANY UTILITY GOODS OR SERVICES; AUTHORIZES PROPONENTS AND TAXPAYERS TO DEFEND MEASURE; IMPOSES RESTRICTIONS ON REPEAL OF MEASURE SUMMARY: The proposed Measure will repeal Glendale Municipal Code Sections 4.36.020 through 4.36.170, which provisions impose a tax of 7% on users of electricity, gas, and water services. The Measure will repeal now-defunct provisions of the municipal code pertaining to telecommunications and video services. Section 4.36.150 – one of the provisions that the Measure will repeal – requires that the tax revenue received pursuant to these provisions be placed into the City’s general fund, which is used to pay for general services of the City such as police, fire, parks and libraries. The other provisions of the municipal code that the Measure will repeal govern the procedures for collection, remittance, and administration of these utility user taxes. The proposed Measure will prohibit the City, its Council, agents or employees from enacting or enforcing any ordinance, regulation or rule requiring any person to pay, remit, or collect any tax, fee, charge or assessment for the generation, sale, lease, purchase, supply, provision, use, transportation or delivery of any utility goods or services. Thus, the measure will prohibit the imposition or collection of previously-authorized taxes on other utility services, including telecommunication services and video services. The City also imposes charges or rates for the provision of electric and water services by its water and power utility, and this Measure could affect the ability of the City to impose and collect charges or rates for those services. The Measure will apply beyond utility user taxes to prohibit the enactment or enforcement of any tax, fee, charge or assessment for the purchase, lease, sale or use of any utility good or service. The Measure authorizes proponents of the Measure or any person who pays any sum described in the Measure to defend the Measure in the event of legal challenge. The Measure provides that it becomes effective immediately upon approval of the voters and that the provisions of the Measure are severable. The Measure provides that it may not be repealed except by a two-thirds vote of the voters voting in an election to repeal the Measure.
