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RESOLUTION NO. R-34-10 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, <br />CALIFORNIA CALLING FOR THE PLACEMENT OF A GENERAL TAX <br />MEASURE ON THE BALLOT AT THE NOVEMBER 2, 2010 GENERAL <br />MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED <br />VOTERS OF A PROPOSED ORDINANCE EXTENDING THE TERM OF <br />THE CITY'S UTILITY USER TAX FOR FIFTEEN (5) VEAncA <br />MAXIMUM OF TEN (10) YEARS, PROVIDING FOR AN ANNUAL <br />DECLINING UTILITY USER TAX RATE BEGINNING IN YEAR 3 OF <br />THE TAX, AND UPDATING UTILITY USER TAX REGULATIONS TO <br />BETTER ADDRESS MODERN TELECOMMUNICATIONS AND VIDEO <br />SERVICE <br />WHEREAS, pursuant to Title 3, Chapter 3.40 of the Colton Municipal Code (C.M.C. §§ <br />3.40.010 — 3.40.250), the City currently levies a Utility User Tax ("UUT") at the rate of six <br />percent (6%) for non-residential users and at the rate of four percent (4%) for residential users, <br />on electricity, gas, water, telephone, video, sewer and refuse usage within the City; and <br />WHEREAS, the UUT is a general tax which funds the City general fund. The general <br />fund pays for essential City services such as police protection, fire and paramedic services, street <br />operations and maintenance, library services, parks and recreation services and general <br />municipal services to the public; and <br />WHEREAS, the UUT is scheduled to terminate on June 30, 2011 unless the term of the <br />UUT is extended; and <br />WHEREAS, on November 6, 1996, the voters of the State of California approved <br />Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution <br />which requires that all general taxes which are imposed, extended or increased must be approved <br />by a majority vote of the voters; and <br />WHEREAS, the extension of the UUT's term therefore, requires majority voter <br />approval; and <br />WHEREAS, the telecommunications and video amendments proposed in the attached <br />ordinance may also be characterized as a UUT "increase" under Proposition 218, which would <br />also require majority voter approval; and <br />WHEREAS, Proposition 218 permits the City Council to place the proposed measure on <br />the ballot for the next general municipal election, which is scheduled for November 2, 2010. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES <br />RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: <br />Section 1. Findings. The City Council finds that all of the preceding recitals are true <br />and correct. <br />0RANGE\WPRIEST\6799S.567985.6 <br />