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R 3305 RESOLUTION NO. 3305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, AMENDING RESOLUTION NO. 3287 WHEREAS, on May 12, 1998, the Arroyo Grande City Council adopted Resolution No. 3287, entitled "A Resolution of the City Council. of the City of Arroyo Grande, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses"; and WHEREAS, the City Council desires to amend Resolution No. 3287 to modify the proposed ballot measure relating to an increase in the transient occupancy tax rate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES RESOL VE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1. The portion of the recital ("Whereas" clause) of Resolution No. 3287 which reads as follows: CITY OF ARROYO GRANDE MEASURE lk.9..B YES Shall the City increase the Transi~nt I I Occupancy Tax (hotel/motel bed tax) from 6% to 10%, effective January NO 1, 1999? is hereby amended to read as follows: CITY OF ARROYO GRANDE MEASUREH-98 . YES Shall an Ordinance amending Section 3-3.03 of the Arroyo Grande .Municipal Code to increase the Transient Occu- pancy Tax ("hotel/motel bed tax") rate NO from six percent (6%) 'to ten percent (10%) be adopted? RESOLUTION NO. 3305 The full text of the Measure is attached hereto as Exhibit "A" arid incorporated herein by this reference and will be included in its entirety with the ballot measure arguments. 2. Except as amended herein, Resolution No. 3287 shall remain in full force and effect. On motion of Council Member Lady , seconded by Council Member Tolley , and on the following roll call vote, to wit: AYES: Council Members Lady, Tolley, Runels, and Mayor Dougall NOES: None ABSENT: Council Member Fuller tion was passed and adopted this 23rd day of June, 1998. ATTEST: a.~ IS, CITY CLERK APPROVED AS TO CONTENT: UuL,~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. 3305 I, NANCY DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the following Resolution NO.3309s a true, full land correct copy of said Resolution passed and adopted at a regular meeting .of said Council on the 23rd day of June, 1998. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 29th day of June, 1998. -11~ o..~ NANCY A. D VIS, CITY CLERK RESOLUTION NO. 3305 FUll TEXT OF MEASURE lk.9 8 AN ORDINANCE OF THE CITY OF ARROYO GRANDE TO AMEND SECTION 3-3.303 OF THE: ARROYO GRANDE MUNICIPAL CODE. .RELATING"TO TRANSIENT OCCUPANCY TAX RATES The People of the City of Arroyo Grande do hereby ordain as follows: Section 1. Purpose It is the intent of this ordinance to increase City funds in order to offset revenUb losses due to -State budget cut-backs. Section 2. Type of Tax A Transient Occupancy Tax is a General Tax as defined in Government Code Section 53721. The tax is imposed for General Governmental Purposes. Section 3. Transient Occupancy Tax Section 3-3.303 of the Arroyo Grande Municipal Code is hereby amended to read as follows: For the privilege of oc.cupancy in any hotel, each transient shan be subject to and shall pay a tax in the amount of ten percent (10%) of the rent charged by the operator. Such taxshall constitute a debt owed by the transient to the City, which debt shan be ex~inguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in instaJlments~ a proportionate share of the tax shaH be paid with each installment. , The unpaid tax shall be due upon the transient's ceasing to occupy space, in the hotel. If for any reason the tax due is not paid to the operator of the hotel, ,the Tax Administrator may require that such tax be paid directly to the Tax Administrator. Section 4. Effective Date of Tax Increase The tax rate authorized by this ordinance shall_commence on January 1, 1999. EXHIBIT "A" RESOLUTION NO. 3305 Section 5. Authority to Adopt Measure This ordinance and the tax authority herein is enacted pursuant to the provisions of . Section 7280 of the California Revenue and Taxation Code, and in compliance with the California CO,nstituti~n ArtiCle XIII A, Section 4 and Article. 3.7 of Chapter 4 of Part 1, .of Division' 2 of Title 5 of the California Government Code corrimen~ing with Section 53720. Section 6. Severability If any sections, subsections, sentence, phrase or clause of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The people of Arroyo Grande hereby declare that they have adopted the ordinance and each section, subsection, sentence, phrases or clauses be declared invalid. .section 7. Effe~tive Date of Ordinance This ordinance shall go into effect ten days after adoption, pursuant to Elections Code Section 9217. 2:\AflROYOIMISC\UTll.T AX.BAt EXHIBIT flA"