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HomeMy WebLinkAboutResolution No. 16-7612-Adopt New Fees for Dial-A-Ride-Dial-A-Ride Taxi Services• • • RESOLUTION OF • OF OF DOWNEY AMENDING RESOLUTION NO. UNIFORM SCHEDULE OF • FOR - r DIAL-A-RIDE TAXI SERVICES WHEREAS, the City of Downey performs special services for the benefit of a limited number of persons to whom such services are of value; and, WHEREAS, the cost of rendering such services should be borne by that limited group who are the beneficiaries rather than the citizenry at large; and, WHEREAS, the City Council is of the opinion also that the charges established for such services should equate to the direct cost thereof to the City of Downey; and, WHEREAS, in November 2010, California voters approved Proposition 26, which amended Article XIIIC -of the State Constitution regarding the adoption of fees and taxes and provides that any "fee" enacted by state, county or local government is deemed a "tax" and requires voter approval, unless it falls within one of seven exceptions; and, WHEREAS, the proposed Department fees; rates and charges are exempt from Proposition 26's voter approval requirement and fall under the following exceptions: (1) where the payer of the fee is receiving a special benefit or privilege; (2) where the payer of the fee is receiving a specific government service or product; (3) where the payer of the fee is covering the reasonable regulatory costs relating to licenses, permits, investigations, inspections, audits, and related enforcement activities; (4) where the payer is charged for entrance to or use of local government property or the purchase, rental or lease of government property; and (5) where the payer is charged a fee as a condition of property development or construction; and, WHEREAS, the proposed Dial -A -Ride fees, rates and charges do not exceed the cost of providing the services provided by the City; and, WHEREAS, the City Council held a public hearing to receive public comment regarding the proposed fees. RESOLVE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOE HEREBY • • SECTION 1. Having considered all of the oral testimony presented to it at the public hearing, the City Council hereby approves the following amendment to Resolution No. 15 -7568 adopting the following fees to be effective Monday, May 2, 2016. SECTION 2 RECREATION (continued) RESOLUTION NO. 16 -7612 PAGE 2 SECTION 2. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 23d day of February, 2016. L a ATTEST: A RIA'M. JIMENEZ, MC City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 23rd day of February, 2016, by the following vote, to wit: AYES: Council Members: Brossmer, Marquez, Vasquez, Mayor Saab NOES: Council Member: Ashton ABSENT: Council Member: None. ABSTAIN':;` Council Member: None. ADRIA M. JIMENVZ, CMC City Clerk