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HomeMy WebLinkAboutRESO 4107ORI GINAL RESOLUTION NO . 4107 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUBMITTING TO THE ELECTORS OF THE CITY OF PALO ALTO AT AN ELECTION TO BE CONSOLID ATED WITH THE 1968 DIR- ECT PRIMARY ELECTION, PROPOSED A MENDMENTS TO THE CHARTER OF THE CITY OF PALO ALTO DELETING THE CHARTER OFFICES OF POLICE JUDGE AND ASSESSOR KID THE TAX LIEN DATE, AND AUTHORIZING THE CITY COUNCIL TO PRO VIDE FOR PROPERTY TAX ASSESS MENT, COLLECTION AND RELATED FUNCTIONS BY ORDINANCE WHEREAS, the City Council, as pro vided in Section 8(h) of A rtic le XI of the Constitution of the Stat e of C alifornia, d esires to s ubmit to the elec tors at the /968 direct primary election, on its own motion, a pro posal for a mendments to th e Chart er of the City of Pa lo A lto, NOW , THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The fo llowing propo sition s hall be submitted to the e le ctors of the City of Palo Alto at the direct prim ary elec- tion to be held on June 4, i968, to be designa ted City of Palo Alto Proposition 1: Proposition 1 Shall the Charter of the City of Pa lo Alto be amended by deletin g therefr om the archa ic reference to police judge; and further by removing as a cha rte r office the offic e of asseosor so as to empowe r the City Co un cil by ordina nce to transfer to appropriate offices of the Coun ty of Santa Clar a the fu nctions of the as sess ment of city pro per ty for city taxe s, the e qualization a nd corre ction of the assessment, the collec tion, pa yment and enforceme nt of the taxes inclu ding de linquent taxes, and the redemption of pr operty from sale or o ther penalty for nonpayment of c ity ta xes, and re lated functions; and to make the lien date for property tax asse ssment c on fo rm to genera l law? For the _ mendmert Agains t the ame ndment SECTION 2. If a ma jority of the qu alified vote rs votin g at said election sha ll vote in favor of Proposition 1, it sha ll be - 1 - deemed r atified, and the Ch arter of the City of Palo Alto shall, upon approval by the L egislatu re of th e State of California, be am ended in ea ch of the followi ng particulars: (a) Section 9 of Article III shall be am ended by deleti ng therefrom the wo rd "ass ess or", so th at s aid se cti on shall read as follo ws: "Sec. 9. Offi cers a ppointed by c oun cil; boards and commissi ons. The council shall appoint a city man ager, clerk, att orn ey, and c ontroll er, and, ex cept as otherwise provided, m ay by ordina nc e creat e or abolish offic es, boards or c ommissions, and pr ovide for th eir ma nner of appointme nt, their :e nure, a nd the duties which they sh all pe rform ." (b) Section 11 of Arti cle III shall be amend ed by d eleting there from the following sent ence: "The co uncil shall by ordinanc e pro vide for the assessment, levy, and colle ctio n of tax es, and shall act as a board of equalization in eq ualizi ng th e v alue of property listed u pon the asse ssment roll ." and substituting the following sentence therefor : "The council shall by ordi nance provide for the assessmen t of city property for city tax es, the equalization and c orrection of the asse ssment, the collection, payment, a nd enforcement of the taxes, inc luding delinquent taxes, a nd the re demptio n of property from sale or othe r penalty for non- payme nt of city taxes." so that said section sha ll read as f ollows: "Sec. 11. Le vy of taxes; rate; increase in levy. The council shall by ordinance provi de for the a ssessment of city prope rty for city taxes , the equaliza tion and c orrection of the assess- ment, the colle ction, payment and enforc ement of the ta xes, inc luding de linque nt taxes, and the redemption of property from sale or o ther penalty fo r nonpa ymen t of city taxe s. On or before Se ptembe r first in each year, it s hall levy such tax as may be nec essar y to raise re venue for the mainte nance and operation of the City and the se veral departments durin g the fisca l year, but suc h tax le vy fo r all municipal purpo ses, e x- ce pt fo r the payment of inter est and princ ipal of the bonded debt and the con tribution of the city to e mployees' retir ement, shall,. not exc eed the sum of on e hundre d twenty-five cen ts upon each one hundred dolla rs of assessed valua tion as the sa me appears upon the as se ssmen t roll. If in the ju dgmen t of a majority of the council it should be ne ce ssary to pr ovide a re venue in excess of the su m re alized from the le vy he rein pro- vided, the ques tion of the le vy of an a ddition al pro perty tax shall be submitted to the elec to rs, and a s pec ia l elec tion may be he ld for that pur pose . The addition al su m or ra te required to be r aise d by such additional ta x levy shall be expres sed upon the ballot. If a major ity of the vo te s ca st upon such pro po sition shall be in favo r of a utho rizing the c ouncil to levy such addition al ra te, then the co unc il may levy the additiona l tax so autho rize d for o ne fisca l year o nly. " -2- • !► ( c) Secti on 1 of Article IV sh all be amend ed by d el eti ng therefrom th e word "assess or", so that said se ction shall r ead as follows: "S ec. 1. Coun cil appoi nt ed offic ers . The Cou ncil shall appoint the city m anag er, clerk, att orney and co ntrolle r, who shall serve at it s pleasure ." (d) Section 12 of A rticle IV shall be am ended by deleting therefrom the w ords "a ssessor" and "police j udge", so that said se ction s hall read as follows: "Sec . 12. Duties of appointive offic ers. The dutie s of the city clerk, attorney and cont roller shall be those n ormally e xercised by such offic ers as p rovided in this cha rter and in the a dministrative code; provided, howe ve r, that th e contro lle r shall in addition have full charg e of all account- ing and billing in all departments, r ec ommend the fo rm in which the budget is to be adopt ed, and interpret th e intent of the appr opr iations ." (e) Section 5 of Ar tic le VII, which read s as f ollows: "Sec. 5. Effective da te of tax liens. Liens for t„x'as le vie d shall a ttach to the property charged ther ewith on the fir st M onda y in March at twelve o'clo ck M." shs11 be deleted in its e ntir ety. SECTION 3 The City Clerk is here by directed to ca use said pr oposed charter a me ndments to be published once in the P ALO ALTO TIMES, a newspaper of general c irculation within the City of Palo Alto , and all e ditions thereof during the day of publication, said a dver tising in sa id n ews paper to be c omplete d not le ss than forty (40) nor more than sixty (60) days pr ior to the date fixed for s aid ele ction; Tha t in addition said City Cler k is hereby direc te d to ca use copies of s aid charte r a mendmen t to be printed in c onve nient pamphlet form and in type of not less than 10 point and to c ause ,::opies the reof to be mailed to ea ch of the qualified electors of the City of Palo Alto, and she shall, until the day fixed for the elec tion upon suc h cha rte r a mendme nts, adve rtise in the PALO ALTO T IMES, a newspaper of general cir culation in sa id city, a notice that ©aid co pie s thereo f ma y be had upon applic atio n there fo r; - 3 - And that th e City Clerk publish all s uch other notices and do all such other things as m ay be requir ed to submit such propo sition to said el ectors at said ele ction . SEC TION 4. The Bo ard of Supe rvisors of th e County of San ta Clar a is he reby request ed to ord er the con solidation of said charter election with the di rect prim ary election to be held on Ja me 4, 1968 . INTRODUCED AND PASSED: March 25, 1968 AYES: NOES: ABSENT: Arnold, Berwald, Cl ark, Comstock, Cooley, Dias, Gallagher Pearson, Spaeth, Wh eatley None Be ahrs APPROV ED AS TO FORM: