Pass: 6197 / 53.0% Yes votes ...... 5486 / 47.0% No votes

See Also: Index of all Measures

Impartial Analysis from Michael S. Lawson, City Attorney City of Hayward

The Hayward City Council has placed a measure on the May, 19, 2009, ballot, asking voters to approve a Utility Users Tax Ordinance. If passed by a simple majority of the voters voting on the measure, the Ordinance would impose a five and one-half percent (5.5%) utility users tax on telecommunication services (including landline telephone and cellphone services), video services (including cable television), electricity and gas consumption. Water Consumption and sewer services would not be taxed under the Ordinance. The tax would automatically expire on June 30, 2019. The tax could only be extended with an additional vote of the people.

In general, utility companies would collect the tax from consumers as part of their regular utility bills and would remit the taxes to the City. Qualifying low-income residents and Lifeline program participants would be exempt from the tax, upon application and approval by the Tax Administrator The definition of each utility service and a description of how the tax is calculated are more particularly described in the Ordinance.

The utility users tax is a general tax intended to alleviate the City's ongoing general operating budget deficit. Revenue generated by the tax would be deposited in the City's General Fund and used to support essential public services, including police, fire and paramedic services; the operation of youth/anti-gang, disaster preparedness and economic development programs; street repairs and maintenance; graffiti removal; code enforcement and library programs, and other general governmental purposes. The Ordinance includes a requirement for an annual financial audit of tax collection and expenditures to be performed by a qualified, independent third party. The results of the annual audits would be available to the public.

A "Yes" vote on Measure A means the voter is in favor of authorizing the City to collect a utility users tax for ten years. A "No" vote on Measure A means the voter is not in favor of the City collecting a utility users tax.

The above statement is an impartial analysis of Measure A. If you desire a copy of the Ordinance, please contact the City Clerk's Office at 777 B Street, Hayward, CA 94541, telephone number 510-583-4400, and a copy will be sent to you at no charge. Free copies of the Ordinance are available at the City Clerk's office or via email to CityClerk@hayward-ca.gov

By: Michael S. Lawson, City Attorney, City of Hayward

Date: March 6, 2009

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