HomeMy WebLinkAboutItem 4.2 Vehicle Fuel Tax Agmt (2)
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CITY OF DUBLIN
AGENDA STATEMENT
Meeting Date: July 12, 1982
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SUBJECT: Presentation by Alameda County Director of Public Works.on
Local Motor Vehicle Fuel Tax Revenue Allocation Agreement
EXHIBITS ATTACHED: Letters from H. A. Fl ertzheim dated June 23, 1982
Resolutions, memo dated June 19, 1982 identifying
distribution formula, letter from City of Oakland
dated June 22, 1982
RECOHMENDATION: Cons i der adopti on of resolutions:
1) Local Motor Vehicle Fuel Tax Revenue Allocation Agreement
2) Imposing a local motor vehicle fuel tax
FINANCIAL STATEMENT: Assumi ng a $.05 tax, and countywi de agreement on proposed
allocation formula, an additional $451,652 in gas tax
revenue per year would be generated for Dublin.
DESCRIPTION: Senate Bill 215 which was recently passed by the State legislature
recognized the fact that the revenue generated by the gas tax in California is
not sufficient to enable cities, counties or the State to adequately maintain
streets and highways. SB 215 provtded for a $.02 increase in the gas tax com-
d mencing fiscal year 1983-84, with cities receiving $.01 of the $.02 increase.
In addition SB 215 provides that a local motor vehicle fuel tax may be imposed
on a countywide basis in one cent per gallon increments provided such a tax is
approved by the voters. 'Before the proposition can be submitted to the voters,
two conditions must be met. First, such a proposition must be approved by the
Board of Supervisors and a majority of the City Councils representing a majority
of the population. This proposition would specify the maximum tax to be imposed
and also may specify the time period for which the tax is imposed. Second,
the County and the cities within the County have a written agreement as to how
the revenues for the tax will be distributerl. The allocation formula (see attached)
was reviewed by the Mayors. and City Managers at the Mayors' Conference held on
June 9, 1982. If the above ~onditions were met and the voters approved a $.05
increase in the gas tax, it is estimated that an additional $451,652 in gas tax
revenue would be raised in Dublin. It is important to note that for fiscal year
1982-83 an estimated $496,100 will be required for street maintenance activities
in the City of Dublin. This does not take into account any street capital
improvements. This expenditure is funded by $246,000 in gas tax revenues. Thus
it is apparent that current gas tax revenues pay for only about one-half of the
cost of maintaining City streets. Although the $451,652 raised by a $.05 increase
in the gas tax would more than meet the City's needs at this time, this revenue
It/ill only increase as consumption of gas increases. Therefore, several years
Copies To:
ITEM
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from now Dublin, as well as other cities, may be facing the same problems in finding
revenues to maintain streets as they are presently experiencing.
Mr. H. A. Flertzhiem, Director of Public Works of Alameda County will make a more
in depth presentation'to the City Council at its meeing of JUlj,12.
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COUNTY OF ALAMEDA
PUBLIC WORKS AGENCY
399 Elmhurst Street. Hayward, CA 94544-1395
(415) 881-6470
June 23t 1982
The Honorable Peter W. Snyder
Mayor, City of Dublin.
P. O. Box 2340
Dublin, CA 94566
Dear Mayor Snyder:
Enclosed is a copy of the proposed "Local Motor Vehicle Fuel Tax Revenue
Allocation Agreement" which provides for the distribution of revenues received
if a ballot measure for the imposition of a local motor vehicle fuel tax is
approved in Alameda County. The allocation formula was developed by the
Alameda County Transportation Advisory Committeet on which your City is
representedt and the City Managers Association, and was discussed with the
Mayors and City Managers at the Mayor's Conference on June 9, 1982.
Enclosed also are two sample resolutions which illustrate the types of
action required by your council. One resolution approves the revenue
allocation agreement. It is essential that the resolution approving the
revenue allocation agreement be adopted. Present law specifies that all cities
and the County be in agreement with respect to allocation of revenues of the
additional taxt whereas only a majority of the cities with a majority of the
population is necessary to place the measure on the ballot. Approval of the
allocation agreement does not commit the city to the ballot question.
The other sample resolution enclosed is for the city's action on the
ballot measure. The resolution approving the ballot measure for a five-cent
per gallon Local Motor Vehicle Fuel Tax may be approvedt or modifiedt or
disapproved by your city council.
Please send me two certified copies of local resolution(s) adopt~d by
your council no later than July 15t 1982. .
Very truly yours,
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H. A. FLE 1M, JR.
D I ;ECTO - OF PUBLI C WO S
HAF:RFS:jw
Enclosures
cc: City Manager
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ALAMEDA COUNTY REGION
LOCAL MOTOR VEHICLE FUEL TAX REVENUE ALLOCATION AGREEMENT
~HIS AGREEMENT executed by and between the cities of
Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward,
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Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, .
and Union City, all municipal corporations within the County of
Alameda, hereinafter called the CITIES, and the County of
Alameda, a political subdivision of the State of California,
hereinafter called the COUNTY, is effective as of this
day of
, 1982.
WIT .N E SSE T H:
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WHEREAS, a Local Motor Vehicle Fuel .Tax may be imposed by a
county on a countywide basis inaccord~nce with Part 4, (commencing
with Section 9501) of Division.2 of.the Revenue and Taxation Code;
and
WHEREAS, Section 9502(a) of the Revenue and Taxation
Code specifies that prior to imposition and collecti~n of any
tax under Part 4 thereof, a proposition granting authority to a
county to impose the tax shall be-submitted to and approved by
the voters at an election; and
WHEREAS, Section 9502(b) of the Revenue and Taxation
Code specifies that a proposition may be submitted to the voters
only if it is approved by the board of supervisors of the county,
and a majority of the city councils of the cities having a
majority of the population in the incorporated areas of the
county, and that the county and the cities within the county
must have a written agreement with respect to allocation of the
revenues between the _county and the cities; and
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WHEREAS, this AGREEMENT specifies the allocation of
Local Motor Vehicle Fuel Taxes between COUNTY and CITIES in accordance
with Section 9502(b) of the Revenue and Taxation Code.
NOW, THEREFORE,THE COUNTY AND THE CITIES WITHIN THE
COUNTY OF ALAMEDA as specified in Section 9502(b) of the said
Revenue and Taxation Code do hereby agree to the following Local
Motor Vehicle Fuel Tax Allocation Formula and related conditions:
1. The Local Motor Vehicle Fuel Tax annual reven~es alloca-
tion formula within the County of Alameda shall be as follows:
A. Charges payable to the State Board of Equaliza-
tion for administration of the tax revenue program will be
subtracted from the total gross revenues to be received prior to
any distribution between COUNTY and CITIES.
B. Total remaining net revenues shall be divided
between the COUNTY and the CITIES as a total group based on a
proportionate percentage of total centerline road miles maintained
by CITIES and COUNTY excludingstree~s privately owned or main-
tained, and State highways or freeways. The maintai~ed road
mileage percentage basis for both COUNTY and CITIES shall be
recalculated effective July 1 each year using the most recent
mileage data as follows:
(1) COUNTY mileage will be that certified
to the State each May and will reflect COUNTY mileage as of
April 15:
(2) CITIES mileage will be as of June 1.
Both mileage figures will be. those available immediately prior. to the
following July 1 implementation date.
The COUNTY portion of this division will constitute its entire
share. The COUNTY portion .of revenues derived from the Local
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Option Fuel Tax shall not be included in the current "County
Support for City' Streets" program, or any successor program.
C. CITIES port~on of the revenues shall be
distributed to each of the cities as follows:
(1) Each City shall receive a lump sum base
amount of $100,000.
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(2) The remaining CITIES revenue shall be
divided into two equal portions to be distributed to each city
as follows:
(a) One portion based on maintained
centerline road miles. The maintained road mileage percentage
basis shall be recalculated effective July 1 each year using
the aforesaid June 1 CITIES mileage figures.
(b) One portion based on population.
The population percentage basis shall be recalculated effective
July 1 each year using population data~to be obtained from the
Office of the Controller, State of California in early June prior
to the July 1 implementation data.
D. For administrative convenience purposes,
the following procedures will be followed in implementation of
the revenues allocation formula:
(1) Each City will furnish COUNTY with the
required street mileage figure no later than the 10th day of
each June preceding the July 1 implementation date.
(2) COUNTY will obtain the required popula-
tion data from the State Controller's Office.
(3) COUNTY will complete all required
calculations using the data prescribed by this AGREEMENT.
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(4) Following completion of calculations,
COUNTY will forward the individual percentage allocation figure
payable to each City to the State Board of Equalization for
implementation together with all calculation data. Information
copies will be furnished CITIES by COUNTY immediately upon com-
pletion of the required calculations.
2. The terms of this AGREEMENT shall be subordinate
to any State law or regulation governing the collection, alloca-
tion or expenditure of Local Motor Vehicle Fuel Taxes.
3. Any new city which incorPOrates shall share in the
Local Motor Vehicle Fuel Tax revenues described in paragraph 1. B.
above prorated as to its date of incorporation. Distribution of
revenues to any new city or cities shall be on the same formula
basis set forth for those CITIES which were original parties to
the AGREEMENT.
4. This AGREEMENT may be ~ig~ed in counterparts, each
of which so executed shall be,deeme~ an original, and said counter-
parts together shall constitute one and the same instrument.
s. This AGREEMENT"shall remain in effect for the
duration of the tax, and may not be modified, amended or
otherwise changed unless by an amendment executed by all the
parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused
this AGREEMENT to be executed by their respective duly authorized
officers, the provisioris of which AGREEMENT are effective as of
the day, month, and year first hereinabove written.
CITY OF ALAMEDA CITY OF ALBANY
By By
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
CITY OF BERKELEY CITY OF DUBLIN
By By
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
CITY OF EMERYVILLE CIT.Y 'OF FREMONT
By By
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
CITY OF HAYWARD CITY OF LIVERMORE
By By
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
CITY OF NEWARK CITY OF OAKLAND
By By
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
CITY OF PIEDMONT CITY OF PLEASANTON
By By
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
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CITY OF SAN LEANDRO
CITY OF UNION CITY
By
By
Mayor
Mayor
Attest:
Attest:
City Clerk
City Clerk
COUNTY OF ALAMEDA
By
Chair.man,Board of Supervisors
Attest:
Clerk, Board of Supervisors
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OAKLAND CITY COUNCIL
60658
RESOLUTION No. ..C. M. S.
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INTRODUCED BY COUNCILMAN
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RESOLUTION APPROVING THE IMPOSITION OF A
PROPOSED 5-CENT PER GALLON LOCAL ROADWAY
USER FEE (qAS TAX) WITHIN THE COUNTY OF
ALAMEDA, SUBJECT TO COUNTY-WIDE VOTER
APPROVAL, THE APPROVAL OF OTHER CITY
COUNCILS AND THE BOARD OF SUPERVISORS,
AND THE APPROVAL OF AN AGREEMENT WITH
THE COUNTY OF ALAMEDA AND OTHER CITIES
IN THE COUNTY AS TO THE DISTRIBUTION OF
THESE FEES WITHIN THE COUNTY.
WHEREAS, current State law imposes a fee of 7-cents per gallon
is collected on the sale of motor vehicle fuel within the State; and
WHEREAS, Senate Bill 215 (Chapter 541, Statutes of 1981),
which was approved by the State Legislature and the Governor in 1981,
authorizes a county to impose an additional roadway user fee (gas tax)
to be paid by the purchasers of motor vehicle fuel within the County
of Alameda; and
WHEREAS~ this additional imposition can be made if the imposi-
tion is approved by the county's electorate, if the county and the
cities within it have a written agreement on allocation of the
additional revenues, if the proposition is approved by the Board of
Supervisors of Alameda County, and if the proposition is approved by
a majority of the City Councils having a majority of the population
in the incorporated area of the county; and
\\lHEREAS, the imposition of an additional local roadway user fee
is essentii3.1 in order for the City to be able'to obtain funds suffi-
cient for the maintenance and repair of Oakland's public streets and
rights-of-way; and
WHEREAS, other counties in the Bay Area will be presenting
similar propositions to the voters of theLr re~pective counties in
the November, 1982 Statewide General Election; now, therefore, be it
RESOLVED: That the City Council hereby approves the imposition
of a proposed 5-cent per gallon local roadway user fee (gas tax)
within the County of Alameda, subject to county-wide voter approval,
the approval of the Board of Supervisors, and the approval of an
agreement with. the County of Alameda and other cities in the county as
to the distribUtion of these fees within the. county.
FURTHER RESOLVED: That the County Board of Supervisors is urged,
if a sufficient number of approvals are received from other cities in
the county, to place this proposed local road~ay user fee imposition
on the November, 1982 Statewide General Election Ballot.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESOLUTION APPROVING THE IMPOSITION
OF A LOCAL MOTOR VEHICLE FUEL TAX
WHEREAS, Sen~te Bill 215 (Chapter 541, statues of 1981) authorizes
a county to impose a motor vehicle fuel tax on a countywide basis; and
WHEREAS, this additional imposition may be made only if:
(1) The imposition is approved by the voters at an election, and
. (2) The proposition is approved by the Board of Supervisors and a
majority of the City Councils of the Cities having a majority of the
population in the incorporated areas of the County, and
. (3) The County and the Cities within the County have a written agree-
ment with respect to the allocation of the revenues between the County
and the Cities; and
WHEREAS, the imposition of a local motor vehicle fuel tax is essential
in order for the City to be able to obtain funds sufficient for the main-
tenance and repair of its public streets and rights of way;
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves
the imposition of a proposed 5-cent per gallon or per 100 cublic feet
of compressed natural gas local motor vehicle fue tax within the County.
of Alameda, subject to meeting therequire~ents of 1,2 and 3 above; and
BE IT FURTHER RESOLVED, that the County Board of Supervisors is urged,
if a sufficient number of approvals are received from other cities in
the county, to place this proposed local motor vehicle fuel tax imposition
on the November 1982 statewide general election ballot; and
BE IT FURTHER RESOLVED, that two certified copies of this resolution
be transmitted to the Director of Public Works of Alameda County at the
earliest practicable date, but in any event not later than July 15, 1982.
PASSED, APPROVED AND ADOPTED, this . day of
vote:
, 1982, by the following
AYES:
NOES:
ABSENT:
rvlayor
ATTEST:
City Cl erk
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESOLUTION APPROVING
LOCAL MOTOR VEHICLE FUEL TAX
REVENUE ALLOCATION AGREEMENT
WHEREAS, Senate Bill 215 (Chapter 541, statues of 1981) authorizes
a county to impose a motor vehicle fuel tax on a county wide basis; and
WHEREAS, this additional imposition may be made only if:
(1) The imposition is approved by the voters at an election, and
(2) The proposition is approved by the Board of Supervisors and a
majority of the City Councils of the cities having.a majority of the
population in the incorporated areas of the County, and
(3) The County and the Cities within the County have a written
agreement with respect to the allocation of the revenues between the
County and the Cities; and
WHEREAS, the allocation formula contained in the attached Local
Motor Vehicle Fuel Tax Revenue Allocation Agreement, marked Exhibit IIA"
has previously been discussed and approved at the Conference of Mayors
on June 9, 1982;
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves
the Local Motor Vehicle Fuel Tax Revenue Allocation Agreement, a copy
of which is attached hereto and marked 'Txhibit All and incorporated
herein; and
BE IT FURTHER RESOLVED, that two certified copies of this resolution,
together with a signed agreement be transmitted to the County Director
of Public Works at the earliest practicable date, but in any event,
not later than July 15, 1982.
PASSED, APPROVED AND ADOPTED, this
vote:
day of
, 1982, by the following
AYES: COUNCILMEMBERS
NOES:
ABSENT:
Mayor .
ATTEST:
City Cl erk
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6/9/82
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IMPOSING A LOCAL OPTION GAS TAX (USER FEE)
Senate Bill 215, sponsored by State Senator Foran, which became law
last year provides that a local motor vehicle fuel tax may be imposed on
a county-wide basis in one .cent per gallon increments subject to the
following conditions:
1. Prior to imposing a tax, the voters must approve a proposi~
tion specifying the maximum tax to be imposed. The proposition may also.
specify the time period for which the tax is imposed.
2. Such a proposition may be submitted to the voters only after:
a. It is approved by the Board of Supervisors and a majority
of the City Councils representing a majority of the population, and
b. The county and its cities have a written agreement as
to how the revenues from the tax will be divided.
Within Alameda County, consideration is being given to imposing a 5~
per gallon tax, and doing so in November 1982 in concert with other Bay
Area counties to include, as a minimum, Santa Clara and Contra Costa.
Distribution of Funds from Local Option Gas Tax:
Assume a 5~ per gallon local option. This would raise approximately
$27.5 million per year at current gasoline consumption rates.
The split of monies proposed would be based on the same method as
currently used for the County Support for City Streets program except
that the minimum amount for each city is raised from $10,000 to $100,000.
However, this program will operate independently of the County Support for
City Streets or any other program and funds from the Local Option program
shall be distributed only in accordance with the agreed formula. Formula
is as follows:
1. Divide total sum of money between County and cities as a
group based on mileage.
2. From cities as a group portion, each city receives $100,000.
3. The remainder of the cities' portion is divided half based
on relative population perc.entages and half on mileage percentages.
Anticipated revenues are shown on the attached sheets, together with
each city's ongoing (cyclical) yearly maintenance requirement and, for
reporting cities,. the maintenance backlog. Both cyclical and backlog
estimates are derived from the MTC Maintenance Needs Study.
Attachments
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6/9/82
ALLOCATION FORMULA CALCULATIONS FOR $27,500,000
(5<: per gallon)
Mileage
Split
=
$ 4,787,750
$22,712,250
County:
Cities:
$27,500,000 x 17.41%
.$27,500,000 x 82.59%
=
.Base Amount (100,000 to each city) : $ 1,400,000
Population Base - Cities: 10,656,125
Mileage Base - Cities: 10,656,125
Amount to be-Distributed to the Cities: $22,712,250
$1,400,000 $10,656,125 $10,656,125 $22,712,250
City Minimum 50% population 50% Mileage Total
Alameda $ 100,000 $ 684,230 $ 446,705 $ 1,230,935
Albany 100,000 162,080 119,029 381,109
. Berkeley 100,000 1,107,171 976,208 2,183,379
Dublin 100rOOO 144,604 207,048 451,652
Emeryvil1e 100,000 39,747 78,216 217,963
Fremont 100,000 1,413,855 1,519,990 3,033,845
Hayward 100,000 1,009,028 945,198 2,054,226
Livermore 100,000 518,101 689,877 1,307,978
Newark 100,000 344,193 408,982 853,175
Oakland 100,000 3,636,189 3,467,610 7,203,799
piedmont 100,000 112,529 190,212 402,741
P1easanton 100,000 376,801 413,777 890,578
San Leandro 100,000 685,295 763,405 1,548,700
Union City 100,000 422,302. 429,868 952,170
$1,400,000 $10,656,125 $10,656,125 $22,712,250
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ONGOING MAINTENANCE NEEDS AND SELECTED BACKLOG
AS DERIVED FROM MTC STUDY COMPARED TO 5C LOCAL OPTION USER"FEE
6/9/82
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C~TY Of OAKlAND
CITYHAll.14THANDWASHINGTONSTREETS. OAKlAND,CAlIFORNIA94612
Office of the Mayor
Lionel J. Wilson
Mayor
June 22, 1982
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Attention: Ms. Dor9Jhy, H~t'k, City Clerk
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Dear Mayor/and Council Members:
Enclosed is a certified copy of Resolution No. 60658 C.M.S., lIapproving the
imposition of a proposed 5-cent per gallon local roadway user fee (gas tax)
within the County of Alameda, subject to county-wide voter approval, the
approval of' other City Councils, and the Board of Supervisors, and an approval
of an agreement with the County of Alameda and other cities in the County as
to the distribution of these fees within the County.1I
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The Oakland City Council adopted Resolution No. 60658 C.M.S. at its meeting of
June 1, 1982 and directed the City Clerk to forward copies to the Alameda
County Board of Supervisors and to the City Councils of all cities located
within the County of Alameda.
Very truly yours,
Council
cc: Lynn Suter
Encl.
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AKLAND CITY COUN~
60658
RESOLUTION No. . .C. M. S.
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INTRODUCED BY COUNCILMAN
C{JIY1~
RESOLUTION APPROVING THE IMPOSITION OF A
PROPOSED 5-CENT PER GALLON LOCAL ROADWAY
USER FEE (qAS TAX) WITHIN THE COUNTY OF
ALAMEDA, SUBJECT TO COUNTY-WIDE VOTER
APPROVAL, THE APPROVAL OF OTHER CITY
COUNCILS AND THE BOARD OF SUPERVISORS,
AND 'l'HE APPROVAL OF AN AGREEMENT WITH
THE COUNTY "OF ALAMEDA AND OTHER CITIES
IN THE COUNTY AS TO THE DISTRIBUTION OF
THESE FEES WITHIN THE COUNTY.
WHEREAS, current State law. imposes a. fee, of 7-cents per gallon
is collected on the sale of motor Vehicle fuel within the State; and
WHEREAS, Senate Bill 215 (Chapter 541, Statutes of 1981),
which was approved by the State Legislature and t~e Governor in 1981,
authorizes a county to impose an additional roadway user fee (gas tax)
to be paid by the purchasers of motor vehicle fuel within the County
of Alameda; and
WHEREAS~ this additional imposition can be made if the imposi-
tion is approved by the county's electorate, if the county and the
cities within it have a written agreement on allocation of the
additional revenues, if the proposition is approved by the Board of
Supervisors of Alameda County, and if the proposition is approved by
a majority of the City Councils having a majority of the population
in the incorporated area of the county; and
WHEREAS, the imposition 'of an additional local roadway user fee
is essential in orderforHthe .City" t6'~15e abler-to obtain funds suffi'-
cient for the maintenance and repair of Oakland's public streets and
rights-of-way; and
WHEREAS, other counties in the Bay Area will be presenting
similar propositions to the voters of their respective counties in
the November, 1982 Statewide General Election; now, therefore, be it
RESOLVED: That the City Council hereby approves the imposition
of a proposed 5-cent per gallon local roadway user fee (gas tax)
within the County of Alameda, subject to county-wide voter approval,
the approval of the Board of Supervisors, and the approval of an
agreement with the County of Alameda and other cities in the county as
to the d~stribution of these fees within the county.
FURTHER RESOLVED: That the County Board of Supervisors is urged,
if a sufficient number of approvals are. received from other cities in
the county, to place this proposed local roadway user fee imposition
on the November, 1982 Statewide General Election Ballot.
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FURTHER RESOLVED: That the City Clerk is hereby directed to
send copies of this resolution to the Alameda County Board of Super-
visors, and to the City Councils of all cities located within the
County of Alameda.
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I eel' t ify thJ t thc forclJoi nu is c1 full, tY'lW illld correct copy
of i.l Resolution pJsscd by th(~ City COlJllcil of Llw City of Ollklc1/1d,
Co 1 i forni a. on "JUN 1 1982
Per
I\lmECE ,JI\11LSON
City Clerk
. IJ(~PU Ly