HomeMy WebLinkAboutResolution 05-11 03/14/2005
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RESOLUTION 05 - 11
A RESOLUTION REFERRING TO THE ELECTORS OF THE CITY A MEASURE REPEALING
ORDINANCE NO. 6105 AUTHORIZING SPRINGFIELD TO LICENSE AND IMPOSE PRIVILEGE TAX
UPON UTILITIES DOING BUSINESS IN THE CITY.
WHEREAS, the City Recorder as the Chief Elections Officer of the City filed with the City Council
a Referendum seeking to repeal City of Springfield Ordinance No. 6105 adopted December 6,
2004 to authorize the City of Springfield to license and impose a privilege tax upon utilities
doing business in the City; and,
WHEREAS, the City Attorney's office prepared a Ballot Title complying with the requirements of
ORS 250.035, meeting the one subject requirement required by Article IV, Section 1(2)(v) of
the Oregon Constitution in accordance with OEA v. Roberts, 302 Or 87 (1986); and,
WHEREAS, said Ballot Title was published in the Springfield News on December 22, 2004 and
no objection thereto was filed; and
WHEREAS, the County Election Clerk stated that this Measure may be placed on the May 17,
2005 Special Election Ballot.
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NOW THEREFORE, BE IT RESOLVED that the Common Council of the City of Springfield hereby
directs that at a Special Election to be held on May 17, 2005 the Measure seeking to repeal
Ordinance No. 6105 shall be submitted to the qualified voters of the City; and,
BE IT FURTHER RESOLVED that not later than the 61st day before May 17, 2005 the City
Recorder shall file with the County Clerk of Lane County, Oregon the Ballot Title attached
hereto, together with a certified copy of this Resolution, all in order that the Measure may
appear on the Ballot for the Special Election to be held on May 17, 2005. The City Manager and
the City Recorder, and each of them acting individually are empowered and directed for and on
behalf of the City to submit to the County Clerk all necessary information and shall do and
perform all other acts and things necessary or appropriate, so that the Measure shall appear on
the Ballot for such election; and,
BE IT FURTHER RESOLVED that this Resolution shall take effect upon adoption by the Council
and approval by the Mayor.
ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AT A REGULAR MEETING
HELD ON March 14 , 2005, BY THE FOL WING VOTES: ~: 6 Y 0 NO.
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ATTEST:
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Amy Sowa, ty Recorder
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CAPTION: Repeals Ordinance authorizing City to impose privilege tax on utilities
QUESTION: Shall Ordinance No. 6105 authorizing Springfield to license and impose
privilege tax upon utilities doing business in City be repealed?
SUMMARY: City of Springfield Ordinance No. 6105, adopted December 6, 2004,
amends the Springfield Municipal Code, to require licensing of all utilities
and impose a five percent gross revenue tax, for the privilege of doing
business, upon businesses providing utility services or using facilities in
the City. Springfield Utility Board is not subject to the Ordinance. The
ordinance provides for a credit against taxes for franchise fees paid by
existing utilities that have facilities in City rights of way. If utility services
have not been subject to this fee, the utilities may choose to pass on
increases in costs to customers. The revenue generated would go to the
City General Fund which funds public safety, library, community
development and general services. Revenue estimates are that the tax
would raise approximately $750,000 annually. The Ordinance includes the
requirement for licensing of cable modem and internet access, however,
revenue estimates are based upon assumptions that judicial or legislative
action may exclude these utilities and sources of revenue from taxation.
Approval of this Measure would repeal Ordinance No. 6105.
N:\CIlY\Pworks\Utility Tax\utility referral.wpd
REVIEWED & APPROVED
A TO FORM
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OFFICE OF CITY ATTORNEY
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