HomeMy WebLinkAboutResolution No. 16-7656-Authorizing Rebuttal Arguments For Measure Levying Transactions & Use TaxA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING
REBUTTAL ARGUMENTS FOR THE MEASURE LEVYING A TRANSACTIONS AND
USE TAX
WHEREAS, City of Downey City Charter Section 1302 provides that all municipal
elections shall be governed by state law except as otherwise provided in the City Charter or
ordinance enacted by the City Council and not inconsistent with the City Charter; and
WHEREAS, on June 28, 2016, the City Council adopted a Resolution calling for the
holding of a General Municipal Election for the purposes of submitting to the voters the question
relating to the levy of one -half of one percent transactions and use tax to be held on the same
date and at the same time as the Statewide General Election to be held on November 8, 2016
and a Resolution requesting the election be consolidated with Los Angeles County; and
WHEREAS, the General Municipal Election was called for the election of three (3)
Council Member seats and to present to voters a measure to levy a transactions and use tax of
one -half of one percent with an Independent Citizens' Oversight Committee to review
expenditure of revenues and make appropriate recommendations therefor and the ordinance
shall expire twenty (20) years from the operative date of the Measure (the "Measure"); and
WHEREAS, Article 4 of Chapter 3 of Division 9 of the California Elections Code
(commencing with Section 9280) authorizing the City Council by majority vote to adopt
requirements regarding the filing of rebuttal arguments for a city measure submitted at a
municipal election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. REBUTTAL ARGUMENTS FOR THE MEASURE
Pursuant to California Elections Code Section 9285, when the City Clerk has received and
selected the arguments for and against the Measure which will be printed and distributed to the
voters, the City Clerk shall send a copy of an argument in favor of the Measure to the authors of
any argument against the Measure, and a copy of an argument against the Measure to the
authors of any argument in favor of the Measure, immediately upon receiving the arguments.
The author or a majority of the authors of an argument relating to the Measure may prepare and
submit a rebuttal argument or may authorize in writing any other person or persons to prepare,
submit, or sign the rebuttal argument. The rebuttal argument shall not exceed 250 words and
shall not be signed by more than five (5) persons that shall appear therewith.
The rebuttal argument shall be filed with the City Clerk, signed, with the printed name(s) and
signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name
of the organization, and the printed name and signature of at least one of its principal officers,
not more than ten (10) days after the final date for filing direct arguments. The rebuttal
arguments shall be accompanied by the Los Angeles County Registrar- Recorder /County Clerk
Declaration by Author(s) of Arguments or Rebuttals form.
Rebuttal Arguments shall be printed in the same manner as the direct' arguments. Each rebuttal
argument shall immediately follow the direct argument which it seeks to rebut.
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SECTION PAGE 2
D•• • OF •- NIA ELECTIONS CODE SECTION
Pursuant to California Elections Code Section 9285, subdivision (b), the City Council hereby
adopts the provisions of California Elections Code Section 9285, subdivision (a), relating to
rebuttal arguments for the Measure only for the November 8, 2016 election and thereafter
repeals this Section.
If any section, subsection, sentence, clause, phrase or portion of this Resolution or its
application to any person or circumstance is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Resolution or its application to other persons and
circumstances. The City Council of the City of Downey hereby declares that it would have
adopted this Resolution and each section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions
hereof are hereby declared to be severable.
• r.
This Resolution shall take effect immediately upon its adoption.
SECTION OF • US RESOLUTION
All previous resolutions providing for the filing of rebuttal arguments for city measures are
hereby repealed.
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The City Clerk shall certify to the passage and adoption of this Resolution,
RESOLUTION NO.
PAGE 3
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 28th day of June, 2016 by the following
vote, to wit: