Ord.1888 Extending Tax
ORDINANCE NO. 1888
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
EXTENDING THE UTILITY USERS EXCISE TAX FOR A PERIOD OF FIFTEEN
YEARS AND ORDERING THE SUBMISSION OF A PROPOSITION THEREOF
TO THE ELECTORATE OF THE CITY
Sections:
3.34.010 Definitions
3.34.020 Exemptions
3.34.030 Telephone Users Tax
3.34.040 Electricity Users Tax
3.34.050 Gas Users Tax
3.34.060 Services Users Receiving Gas or Electricity Directly
3.34.070 Penalties
3.34.080 Actions to Collect
3.34.090 Duty to Collect - Procedures
3.34.100 Additional Power and Duties of Tax Administrator
3.34.110 Assessment - Administrative Remedy
3.34.120 Records
3.34.130 Refunds
3.34.140 Rules of Construction
3.34.150 Benefit to All Persons
3.34.160 Duration
3.34.170 Disposition of Proceeds
3.34.180 General Fund lease
3.34.190 Power in Addition
3.34.200 Ordinance Controlling
3.34.210 Liberal Construction
3.34.220 Defect or Omission, Validity of Proceedings or Taxes
3.34.230 Limitation of Actions
3.34.240 Severability
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
The purpose of this Ordinance is to impose a utility users excise tax as a revenue measure
necessary to pay the usual and current expenses of conducting the municipal government of
the City, the proceeds of which shall be paid into the general fund of the city. This
Ordinance shall be known and may be cited as the "Utility Users Excise Tax Ordinance".
3.34.010 Definitions. Except where the context otherwise requires, the definitions
set forth in this section govern the construction of this Ordinance.
Ordinance No. 1888
Page 2
"City" means the City of Cupertino.
"Facilities" means the municipal facilities generally including Blackberry Fann, other
open space land within the City and the public recreational facilities consistent with the
preservation and public use of open space. Facilities shall be deemed available and
susceptible of use within the meaning ofthe tenn "availability and privilege of use", as used
in this Ordinance, when such facilities exist and are available for use during any portion of
the fiscal year next preceding the levy ofthe Tax.
"Gas" includes natural gas and any other gas used for light heat and power.
"Month" means a calendar month.
"Non-utility supplier" means a Service Supplier, other than (a) a gas corporation or (b) an
electrical corporation serving within the City, which generates electrical energy in capacities
of at least 100 kilowatts monthly for sale to others.
"Persons" means any domestic or foreign corporation, finn, association syndicate, joint
stock company, partnership of any kind, joint venture, club, Massachusetts business or
common law trust, society, or individual.
"Tax" means the utility users excise Tax proposed to be imposed by this Ordinance, more
particularly described in Sections 3.34.030, 3.34.040 and 3.34.050 of this Ordinance.
"Tax Administrator" means the City Treasurer.
"Telephone Corporation," "electrical corporation," and "gas corporation," have the same
meanings as defined in sections 234, 218, 222 and 215.5, respectively, of the California
Public Utilities Code (as said sections existed on June 1, 1989), except that "electrical
corporation" shall also be construed to include any municipality or Person engaged in the
selling or supplying of electrical power to a Service User.
"Service Supplier" means any entity required to collect or self-impose and remit a Tax as
imposed by this Ordinance.
"Service User" means a Person required to pay a Tax imposed by this Ordinance.
3.34.020 Exemptions.
(a) Public bodies, religious organizations and other Persons exempt under state or federal
law shall be exempt from the Tax. Residential service users of65 years or older shall be
exempt from Tax payments under this Ordinance upon application to the Tax Administrator,
in such mauner and with such proof or qualification as the Tax Administrator shall
detennine.
Ordinance No. 1888
Page 3
(b) The City Council may, by order or resolution, establish one or more classes of
Persons or one or more classes of utility service otherwise subject to payment of a Tax
imposed by this Ordinance and provide that such classes of Persons or service shall be
exempt, in whole or in part, ITom such Tax.
(c) The Tax administrator shall prepare a list of the Persons exempt ITom the provisions
of this Ordinance by virtue ofthis section and furnish a copy thereof to each Service
Supplier.
3.34.030 Telephone Users Tax.
(a) There is hereby imposed a Tax (herein called the "Telephone Users Tax") on the
amounts paid for any interstate, interstate and/or international telephone communication
services by every Person in the City other than a Telephone Corporation, using such services.
The Tax imposed by this section shall be at the rate of two and forty hundredths percent
(2.04%) of the charges made for such services and shall be paid by the persons paying for
such services.
(b) A used in this section, the tenn "charges" shall not include charges for services paid
for by inserting coins in coin-operated telephones except where such coin-operated service is
furnished for a guaranteed amount, in which event the amounts paid under such guarantee
plus any fixed monthly or other periodic charge shall be included in the base for computing
the amount of Tax due; nor shall the tenns "charges" include charges for any type of service
or equipment furnished by a service supplied subject to public utility regulations during any
period in which the same or similar services or equipment are also available for sale or lease
ITom Persons other than a Service Supplier subject to public utility regulation; nor shall the
words "telephone communication services" include land mobile services or maritime mobile
services as defined in Section 2.1 of Title 47 of the Code of Federal Regulations as said
section existed on January 1, 1970. The tenn "telephone communication services" refers to
that service which provides access to a telephone system and the privilege of telephone
quality communication with substantially all Persons having telephone stations which are
part of such telephone system. The Telephone Users Tax is intended to, and does, apply to
charges billed to a telephone account having a situs in the City, irrespective of whether a
particular communication service originates and/or tenninates within the City.
(c) The Telephone Users Tax shall be collected ITom the Service User by the last day of
the following month; or, at the option of the Person required to collect and remit the Tax, an
estimated amount of Tax collected, measured by the Tax bill in the previous month, shall be
remitted to the Tax Administrator on or before the last day of each month.
(d) Notwithstanding the provisions of subsection (a), the Telephone Users Tax shall
not be imposed upon any Person for using intrastate telephone communication services to the
extent that the amounts paid for such services are exempt ITom or not subject to the Tax
imposed under Part 20 (commencing with section 41001) of Division 2 of the California
Revenue and Taxation Code, or the Tax imposed under section 4251 ofthe Internal Revenue
Code.
Ordinance No. 1888
Page 4
3.34.040. Electricity Users Tax.
(a) There is hereby imposed a Tax (herein called the "Electricity Users Tax")
upon every Person in the city other than an Electrical Corporation using electrical
energy in the City. The Tax imposed by this section shall be at the rate of two and
forty hundredths percent (2.40%) ofthe charges made for such energy by an electrical
corporation franchised to service the city and shall be billed to and paid by the Person
using the energy. Ifthe charges made for such energy by the franchised electrical
corporation are negotiated either (1) on the basis that the Service User has provided
its own transmission voltage reduction facilities or (2) as individualized negotiated
co-generation avoidance transmission voltage rates, and the resulting negotiated rates
are not available to the City, such negotiated rates shall be made available to the City
by the Service User.
The Tax applicable to electrical energy provided by a non-utility supplier shall be
based on the above Tax rate and the charges made for such electrical energy ifthere is
an anns-length transaction for the sale of the electrical energy between the non-utility
supplier and the Service User. Ifthere is not an anns-length sale from a non-utility
supplier, the Tax shall be detennined by applying the Tax rate to the equivalent
charges the Service User would have incurred if the energy used had been provided
by the electrical corporation franchised by the City. Rate schedules for this purpose
shall be available from the City. Non-utility suppliers shall install, maintain and use
an appropriate utility-type metering system which will enable compliance with this
section.
Ifthe electrical energy is generated by the Service user for its own use, the
Service User shall provide the City with the actual monthly cost of generating the
electrical energy so used and the Electricity Users Tax shall be based on the above
Tax rate applied to said actual cost. Cost figures supplied by the Service User shall
be subject to periodic audit by the City and appropriate adjustment pursuant thereto.
"Charges," as used in this section, shall include charges made for: (1) metered
energy and (2) minimum charges for service, including customer charges, service
charges, demand charges and all other annual and monthly charges (other than
standby charges), fuel or other cost adjustments, authorized by the California Public
Utilities Commission or the Federal Energy Regulatory Commission.
(h) As used in this section, the tenn "using electrical energy" shall not be
construed to mean the storage of such energy by a Person in a battery owned or
possessed by such Person for use in an automobile or other machinery device apart
from the premises upon which the energy was received, provided, however, that the
tenn shall include the receiving of such energy for the purpose of using it in the
charging of batteries; nor shall the tenn include electricity used and consumed by an
electric utility supplier in the conduct of its business; nor shall the tenn include the
mere receiving of such energy by an electric public utility or governmental agency at
Ordinance No. 1888
Page 5
a point within the City for resale; nor shall the term include the use of such energy in
the production or distribution of water by a public utility or a governmental agency.
(c) The Electricity Users Tax shall be collected from the Service User by the
Service Supplier or non-utility supplier. The Electricity Users Tax on use supplied by
self-generation or co-generation or from a non-utility supplier not subject to the
jurisdiction ofthis Ordinance, shall be collected and remitted to the Tax
Administrator in the manner set forth in Section 3.34.060. The amount of Tax
collected by a Service Supplier or a non-utility supplier in one month shall be
remitted by United States mail to the Tax Administrator, postmarked on or before
the last day ofthe following month; or, at the option ofthe Person required to collect
and remit the Tax, an estimated amount or Tax measured by the Tax billed in the
previous month, shall be remitted by United States mail, to the Tax Administrator,
postmarked on or before the last day of each month. The amount of the Tax remitted
may be estimated by a formula based upon the payment pattern of the supplier's
customers.
(d) Notwithstanding the provisions of section 3.34.090(a), if the amount paid by
a Service user is less than the full amount of the energy charge and Tax which has
accrued for the billing period, such amount and any subsequent payments by a
Service User shall be applied to the energy charge first until such charge has been
fully satisfied. Any remaining balance shall be applied to Taxes due.
3.34.050. Gas Users Tax.
(a) There is hereby imposed a Tax (herein called the "Gas Users Tax") upon
every Person in the city other than a gas corporation or electrical corporation, using,
in the City, gas which is delivered through mains or pipes or by motor vehicle or by
rail. The Gas Users Tax shall be at the rate of two and forty hundredths percent
(2.40%) of the charges made for the gas and shall be billed to and paid by the Person
using the gas. If the charges made for such gas by the franchised gas corporation are
negotiated and the resulting negotiated rates are not available to the City, such
negotiated rates shall be made available to the City by the Service User.
The Tax applicable to gas or gas transportation provided by non-utility suppliers
shall be based on the charges made for such gas or gas transportation if that is derived
from an arms-length transaction between a non-utility supplier and the Service User.
Ifthere is not an arms-length sale, the Tax shall be determined by applying the Tax
rate to the equivalent charges the Service User would have incurred if the gas or gas
transportation had been provided by the gas corporation franchised by the City. Rate
schedules for this purpose shall be available from the City.
"Charges" as used in this section shall include: (1) those billed for gas which is
delivered through mains or pipes or by motor vehicle or by rail; (2) gas
transportations charges, and (3) demand charges, service charges, customer charges,
minimum charges, annual and monthly charges and any other charges (other than
Ordinance No. 1888
Page 6
standby charges) authorized by the California Public Utilities Commission or the
Federal Energy Regulatory Commission.
(b) The Gas Users Tax is not applicable to: (1) charges made for gas which is to be
resold and delivered through mains and pipes or by motor vehicle or by rail; (2) charges
made for gas sold by a public utility, non-utility supplier or governmental agency for use
in the generation of electrical energy or the production of distribution of water; (3)
charges made by a gas public utility or gas used and consumed in the course of its public
utility business; (4) charges made for gas used in the propulsion of a motor vehicle, as
authorized in the Vehicle Code of the State of California;
(c) The Gas Users Tax shall be collected from the Service User by the Person
selling or transporting the gas. In the case of purchase of gas from a non-utility supplier,
or a gas corporation not franchised by the City, the Service User will be responsible for
remitting the applicable Gas Users Tax directly to the Tax Administrator. A Person
selling only transportation services to a user for delivery of gas through mains or pipes or
by motor vehicle or by rail shall collect the Tax from the Service User based on the
transportation charges. Exce~t as provided above, the person selling or transporting the
gas shall, on or before the 20' of each calendar month, commencing on the 20th day of
the calendar month after the effective day of this Ordinance, make a return to the Tax
Administrator stating the amount of Taxes billed during the preceding calendar month.
At the time such returns are filed, the Person selling or transporting the gas shall remi t
Tax payments to the Tax Administrator in accordance with schedules established or
approved by the Tax Administrator.
3.34.60. Service Users Receiving Gas or Electricity Directly.
(a) Notwithstanding any other provision of this Ordinance, a Service User receiving
gas or electric energy directly from a non-utility supplier not under the jurisdiction of this
Ordinance, or using electricity generated by the Service User for its own use, or
otherwise not having the full Tax due on the use of gas or electric energy in the city
directly billed and collected by the Service supplier, shall report said fact to the Tax
Administrator within thirty days of said use and shall directly remit to the City the
amount of Tax due.
(b) The Tax Administrator may require from said Service User the filed Tax returns
or other satisfactory evidence documenting the sale price and quantity of gas or electric
energy used.
3.34.70. Penalties.
(a) Taxes collected from a Service User which are not remitted to the Tax
Administrator on or before the due dates provided in this ordinance are delinquent.
Should the due date occur on a weekend or legal holiday, the return may be postmarked
on the first regular working day following a Saturday/Sunday, or legal holiday.
Ordinance No. 1888
Page 7
(b) Penalties for delinquency in remittance of any Tax collected or any deficiency
detennination detennined by the Tax Administrator, shall attach and be paid by the
Person required to collect and remit at the rate of fifteen percent (15%) of the total Tax
collected or imposed herein.
(c) The Tax Administrator shall have power to impose additional penalties upon
any Person required to collect and remit Taxes under the provisions of this Ordinance for
fraud in reporting or remitting at the annual rate of fifteen percent (15%) of the amount of
the Tax collected or as recomputed by the Tax Administrator.
(d) Every penalty imposed under the provisions of this Ordinance shall become a
part ofthe Tax required to be remitted.
3.34.080 Action to collect. Any tax required to be paid by a Service User under the
provisions of this Ordinance shall be deemed a debt owed by a Service User to the City.
Any such Tax collected from a Service User which has willfully been withheld from the
Tax Administrator shall be deemed a debt owed to the City by the Person required to
collect and remit. Any person owing money to the City under the provisions of this
Ordinance shall be liable to an action brought in the name of the City for the recovery of
such amount.
3.34.090 Duty to Collect - Procedures. The duty to collect and remit the Taxes
imposed by this Ordinance shall be perfonned as follows:
(a) Notwithstanding any other provision ofthis Ordinance, the Tax shall be
collected insofar as practicable at the same time as and along with the charges made in
accordance with the regular billing practices ofthe Service Supplier. Where the amount
paid by a Service User to a Service Supplier is less than the full amount ofthe utility
charge and Tax which has accrued for the billing period, such amount and any
subsequent payments by a Service User shall be applied to the utility charge first until
such charge has been fully satisfied. Any remaining balance shall be applied to Taxes
due. In those cases where a Service User has notified the Service Supplier of this refusal
to pay the Tax imposed on said utility charges Section 3.34.100 (c) will apply.
(b) The duty to collect the Tax from a Service User shall commence with the
beginning of the first full regular billing period applicable to the Service User where all
charges nonnally included in such regular billing are subject to the provisions of this
Ordinance. Where a Person receives more than one billing, one or more being for
different periods than another, the duty to collect shall arise separately for each billing.
3.34.100. Additional Power and duties of Tax Administrator.
(a) The Tax Administrator shall have the power and duty, and is hereby directed
to enforce each and all of the provisions of this Ordinance.
Ordinance No. 1888
Page 8
(b) The Tax Administrator shaH have the power to adopt rules and regulations not
inconsistent with provisions of this Ordinance for the purpose of carrying out and
enforcing the payment, coHection and remittance of the Taxes herein imposed.
A copy of such rules and regulations shaH be on file in the Tax Administrator's
office.
(c) The Tax Administrator may make administrative agreements to vary the strict
requirements of this Ordinance so that the coHection of any Tax imposed hereby may be
made in confonnance with the billing procedures of a particular Service Supplier so long
as said agreements result in coHection ofthe Tax in confonnance with the general
purpose and scope of this Ordinance. A copy of each such agreement shaH be on file in
the Tax Administrator's office.
(d) The Tax Administrator shaH detennine the eligibility of any Person who
asserts a right to exemption from the Tax imposed by this Ordinance. The Tax
Administrator shaH provide the Service Supplier with the name of any Person who the
Tax Administrator detennines is exempt from the Tax imposed hereby, together with the
address and account number to which service is supplied to any such exempt Person. The
Tax Administrator shaH notify the Service Supplier oftennination of any Person's right
to exemption hereunder, or the change of any address to which service is supplied to any
exempt Person.
3.34.110. Assessment - Administrative Remedy.
(a) The Tax Administrator may make an assessment for Taxes not remitted by a
Person required to remit.
(b) Whenever the Tax Administrator detennines that a Service User has
deliberately withheld the amount of the Tax owed by him from the amounts remitted to a
Person required to coHect the Tax, or that a Service User has refused to pay the amount of
Tax to such Person, or whenever the Tax Administrator deems it in the best interest of the
City, such Person may be relieved of the obligation to coHect Taxes due under this
Ordinance from certain named Service Users for specified billing periods.
(c) The Service Supplier shaH provide the City with amounts refunded to be paid
and/or unpaid along with the name and addresses ofthe Service Users neglecting to pay
the Tax imposed under provisions of this Ordinance. Whenever the Service User has
failed to pay the amount of Tax for a period of two or more billing periods, the Service
Supplier shaH be relieved of the obligation to collect Taxes due.
(d) The Tax Administrator shaH notify the Service User that the Tax Administrator
has assumed responsibility to collect the Tax due for the stated periods and demand
payment of such Taxes. The notice shaH be served on the Service User by handing it to
such user personaHy or by deposit of the notice in the United States mail, postage
prepared thereon, addressed to the Service User at the address to which billing was made
Ordinance No. 1888
Page 9
by the Person required to collect the Tax; or, should the Service User's address change, to
the last known address. If a Service user fails to remit the Tax to the Tax Administrator
within fifteen (15) days from the date of the receipt of the notice upon him, which shall
be the date of mailing if service is not accomplished in Person, a penalty of twenty-five
percent (25%) of the amount ofthe Tax set forth in the notice shall be imposed. The
penalty shall become part of the Tax herein required to be paid.
3.34.120. Records. It shall be the duty of every Person required to payor collect and
remit to the city any Tax imposed by this ordinance to keep and preserve, for a period of
three (3) years, all records as may be necessary to detennine the amount of such Tax for
which such Person may have been liable for the remittance to the Tax Administrator,
which records the Tax Administrator shall the right to inspect at all reasonable times.
3.34.130. Refunds.
(a) Whenever the amount of any Tax has been overpaid or paid more than once or
has been erroneously or illegally collected or received by the Tax Administrator under
this Ordinance, it may be refunded as provided in this section.
(b) Notwithstanding the provisions of subsection (a) ofthis section, a Service
Supplier may claim a refund, or take as credit against Taxes remitted the amount
overpaid, paid more than once, or erroneously or illegally collected or received when it is
established that the Service User from whom the Tax has been collected did not owe the
Tax; provided, however, that neither a refund nor a credit shall be allowed unless the
amount ofthe Tax so collected has either been refunded to the Service User or credited to
charges subsequently payable by the Service User to the Person required to collect and
remit. A Service Supplier that has collected any amount of Tax in excess of the amount
of Tax imposed by this Ordinance and actually due from a Service User, may refund such
amount to the Service user and claim credit for such overpayment against the amount of
Tax which is due upon any other monthly returns provided such credit is claimed in a
return dated no later than three (3) years from the date of overpayment.
(c) No refund shall be paid under the provisions of this section unless the claimant
has established the claimant's right thereto by written records showing entitlement
thereto.
(d) Notwithstanding other provisions of this section, whenever a Service Supplier,
pursuant to an order ofthe California Public Utilities Commission or a court of
competent jurisdiction, makes a refund to Service Users of charges for past utility
services, the Taxes paid pursuant to this ordinance on the amount of such refunded
charges shall also be refunded to Service Users, and the Service Supplier shall be entitled
to claim a credit for such refunded Taxes against the amount of Tax which is due upon
the next monthly returns. In the event this Ordinance is repealed, the amounts of any
refundable taxes will be paid by the city.
Ordinance No. 1888
Page 10
(e) A Service Supplier may refund the Taxes collected to the Service User in
accordance with this section or by the Service Supplier's customary practice.
(f) A credit or refund of Tax due shall be granted to any Service User ITom whom
the Tax is collected to cover the administrative and clerical expense of establishing and
auditing the cost of generating electric energy for its own use pursuant to the third
paragraph of Section 3.34.040(a). Any such administrative and clerical expense is also
subject to audit and appropriate adjustment pursuant thereto.
3.34.140 Rules of Construction. Words of the masculine gender shall be deemed
and construed to include correlative words ofthe feminine and neuter genders. Unless
the context shall otherwise indicate, words importing the singular number shall include
the plural number and vice versa.
3.34.150 Benefit to All Person. The City council has found and determined and
hereby declares that all Persons using utility services in the city enjoy the privilege of
using and benefit ITom the providing by the City, of municipal services and facilities.
3.34.160 Duration. The Tax shall be levied until November 6, 2030 at which time,
the tax levied hereinunder, unless further extended, shall cease.
3.34.170 Disposition of Proceeds. This Ordinance is hereby declared to be a
revenue measure for general government purposes; the proceeds of the Tax shall be paid
into the general fund.
3.34.180 Power in Addition. The powers conferred by this Ordinance are in
addition to, and the limitations imposed by this Ordinance do not affect, the powers
conferred by any other law or Ordinance.
3.34.190 Ordinance Controlling. If this Ordinance is inconsistent with any other
law, this Ordinance is controlling.
3.34.200 Liberal Construction. This Ordinance shall be liberally construed to
promote its objects.
3.34.210 Defect or Omission, Validitv of Proceedings or Taxes. If the jurisdiction
of the Council to order the proposed act is not affected, the defect or omission by any
officer in proceedings under this Ordinance does not invalidate the proceedings or taxes
levied under this Ordinance.
3.34.220 Limitation of Actions. The validity of this Ordinance or of any tax levied
pursuant to this Ordinance shall not be contested in any action or proceeding or defense
unless such action or proceeding or defense shall have been brought or raised within
ninety (90) days ITom the date of the approval of this Ordinance and the levy of said tax
by the voters of the City on March 6, 2002. Unless an action or proceeding is
commenced or such defense raised within said period, this Ordinance and any tax levied
Ordinance No. 1888
Page II
pursuant to this Ordinance shaU be held valid and in every respect legal and
incontestable.
3.34.230 Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part hereof is for any reason held to be
unconstitutional, such decision shaU not affect the validity of the remaining portions of
this Ordinance or any part thereof. The Council declares that it would have passed each
section, subsection, subdivisions, paragraph, sentence, clause or paragraph thereof,
irrespective ofthe fact that anyone or more sections, subsections, subdivision,
paragraphs, sentences, clauses or phrases is declared unconstitutional.
Article 2. Elections
CaU of Election. A special municipal election is hereby caUed and ordered to be
held in the City on March 5, 2002 at which election there shaU be submitted to qualified
voters of the City the proposition set forth below:
Proposition. The proposition shaU appear on the baUot for said special municipal
election in the foUowing form:
"MEASURE : Utility Tax Initiative. Residents currently pay a 2.4% tax on
utility use, specificaUy electric, gas and telephone. ShaU the City of Cupertino
extend the existing utility tax which will otherwise terminate in 2015 for an
additional 15 years to 2030, for general city services and programs?
The Council does hereby submit to the qualified voters ofthe City, at said special
municipal election, this Ordinance and the proposition set forth above.
The City Clerk is hereby directed to certify to the adoption of this resolution, to
transmit a copy hereof to the Board of Supervisors of the Santa Clara County, and to file a
certified copy with the Registrar of Voters ofthe county.
The Board of Supervisors of Santa Clara County is hereby requested to order the
consolidation of the special election with the gubernatorial primary election to be held on
Tuesday, March 5, 2001, and to authorize the Registrar of Voters to conduct the election
and canvass the returns. The election shaU be held and conducted, closed, baUots counted
and returned, returns canvassed, and results declared, and aU other proceedings incidental
to and connected with the election shaU be regulated and done in accordance with the
provisions of law regulating the gubernatorial primary election and specified herein. Said
Registrar of Voters shaU certify the results of the canvass of the returns of said special
election to the Council, which shaU thereafter declare the results thereof.
The Cupertino City Council hereby accepts the usual and customary terms and
conditions of the performance of said election services by the Registrar of Voters; and the
City Council further agrees to make payments as may be set forth in a billing to the City of
Ordinance No. 1888
Page 12
Cupertino ITom the Registrar of Voters prescribing the amount due for costs incurred from
the rendering of election services, all as provided by the provisions of Section 10416 of the
Elections Code ofthe State of California.
Arguments in favor or against the proposed measures shall be filed with the City
Clerk by Thursday, November 1, at 5:00 p.m.
Rebuttals to arguments in favor or against the proposed measures shall be filed with
the City Clerk by Thursday, November 8, at 5:00 p.m.
The City Attorney shall prepare an impartial analysis of the measure not to exceed
500 words in length and which is to be filed with the City Clerk no later than Thursday,
November 8, 2001.
The City Clerk shall publish a notice of election and synopsis of the measure one time
in a newspaper of general circulation.
The polls shall be opened at 7:00 a.m. and closed at 8:00 p.m.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 1st day of October, 2001 and ENACTED at a regular adjourned meeting of the City of
Cupertino this 15th day of October, 2001 by the following vote:
Vote
Council Members
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Chang, James, Lowenthal
None
None
None
ATTEST:
APPROVED:
Isl Kimberly Smith
Isl Sandra James
City Clerk
Mayor, City of Cupertino