Ordinance 735
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ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF GILROY ADDING ARTICLE III
TO :HAPTER 22 OF THE GILROY CITY CODE, PROVIDING FOR THE
PAYMENT OF TAXES IN CONNECTION WITH THE CONSTRUCTION OF
DWELLING UNITS, THE DEPOSIT OF SUCH FUNDS IN THE CAPITAL
OUTLAY RECREATION FUND, AND USE OF SUCH FUNDS FOR PUBLIC
PARKS AND RECREATION PURPOSES
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION 1: Amendment of Code. The Gilroy City Code is
hereby amended by adding Article III to Chapter 22 of the said
Code, to read as follows:
A...~TICLE III
CAPITAL OUTLAY RECREATION FUND TAX
Sec. 22.13. Title. This tax shall be known as the "capital
Outlay Recreation Fund Tax of the City of Gilroy."
Sec. 22.14. Purpose. The council of the city of Gilroy
hereby declares that the taxes required to be paid hereby are
assessed pursuant to the taxing power of the City of Gilroy and
solely for the purpose of producing revenue. The continued
increase in the development of dwelling units in the City of Gilroy,
with the attendant increase in the population of the City, has
created an urgent need for the planning, acquisition, improvement
and expansion of public parks, p1aygr-.i~nJ.3, dJhJ. r,,~rcation facili-
ties to serve the increasing population of the City and the means
of providing additional revenues with which to finance such public
facilities.
Sec. 22.15. Definitions. E~cept where the context otherwise
requires, the definitions given in this section govern the construc-
tion of this article.
(a) The term "person" includes every person, firm or
corporation constructing a dwelling unit itself, or through
the services of any employee, agent, or independent contrac-
tor.
(b) The term "dwelling unit" includes each single family
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dwelling and each unit of an apartment, duplex or multiple
dwelling structure designed as a separate habitation for
one or more persons.
Sec. 22.16. Taxes: Application. The taxes imposed by this
article shall be applicable to every dwelling unit constructed in
the city of Gilroy from and after the effective date of this
Ordinance.
Sec. 22.17. Taxes: Amount. Every person constructing any
dwelling unit in the city of Gilroy, for which a capital Outlay
Recreation Fund Tax is required to be paid by Sec. 22.16 of this
article shall pay to the said city the following taxes, to wit:
The sum of Twenty-Five ($25.00) Dollars for each dwelling unit
containing not more than one (1) bedroom and the sum of Ten ($10.00)
Dollars for each additional bedroom contained therein; provided,
however, that in no event shall the total tax for any dwelling
unit exceed the sum of Fifty ($50.00) Dollars.
sec. 22.18. Taxes: When Payable. The taxes imposed by
Sec. 22.17 of this article shall be due and payable upon applica-
tion to the City for a building permit for the construction of
any such dwelling unit; provided, however, that there shall be a
refund of such taxes in the event the building permit is not
approved, or is not used, for such construction.
Sec. 22.19. Capital Outla.:l,-leCr2at~o':1 Fund. There has been
heretofore established by the Council of the said City of Gilroy
a fund designated as "capital outlay Recreation Fund" for the
purpose of the acquisition, improvement and expansion of public
parks, playgrounds and/or recreational facilities in the City of
Gilroy and all of the sums collected as taxes, pursuant to this
Article, shall be deposited in said Capital Outlay Recreation
Fund.
--=.....-,-1,> Sec. 22.20. Dedication in lieu of tax. In the case of
subdivisions of land within the City of Gilroy, maps of which
are approved by the Council after this ordinance becomes effective,
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the subdivider, owner or developer of the subdivision may offer to
the City for dedication a portion of the subdivision for use for
public park and recreational purposes in lieu of the tax herein-
before provided for to be assessed against each dwelling thereafter
constructed upon lots in the subdivision, and if the dedication is
accepted by the city council in lieu of the said tax, then the
said property so dedicated shall be used for park and recreational
purposes and no dwelling thereafter constructed in the said sub-
division shall be subject to the tax provided for in this ordinance.
SECTION II: Severability. If any section, subsection,
sentence, clause, phrase, or portion of this ordinance 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 ordinance. The City
Council of this City hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact that anyone
or more sections, subsections, clauses, phrases or portions be
declared invalid or unconstitutional.
SECTION III: All ordinances and parts of ordinances in
conflict herewith are hereby repealed.
SECTION IV: This ordinance shall go into effect and be'
effective thirty (30) days from and after its adoption and
approval.
SECTION V: This ordinance shall be published by title and
summary in accordance with the provisions of the City Charter in
the official newspaper of the City of Gilroy.
SECTION VI: This ordinance was introduced and ordered
published by title and summary by the Council at a regular
meeting held on the 15th day of March, 1965, by the following
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vote:
AYES:
COUNCILMEMBERS: Duffi n ,Goodri ch ,Jordan ,Quart i ro 1 i ,
Wentworth, and Petersen.
NOES:
COUNCILMEMBERS:None
ABSENT:
COUNCILMEMBERS:Eckard
SUSANNE E. PAYNE,
City Clerk
FINALLY PASSED AND ADOPTED by the Council of the City of
Gilroy on this -5.!.!:L day of Aplr:J1", 1965. by the following vote:
AYES:
COUNCIIMEMBERS: Duffin,Quarti rol i ,Wentworth, and
Petersen.
NOES:
COUNCILMEMBERS:None
ABSENT:
COUNCILMEMBERS: Eckard ,Goodri ch,Jordan.
APP~~
~ Mayor
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SUSANNE E. PAYNE
, City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. V5
is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the
5th day of
April'
, 19 65 . at which meeting
a quorum was present.
I further certify that the said ordinance has been pub-
lished in accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF. I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 6th day of
A~ril --.' 1~
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pf/.;'a11>;'r..) 0'1/ v(/- /-t./
ity Clerk of the City 0 Gilroy