R 3468RESOLUTION NO. 3468
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ORDERING THE SUBMISSION TO
THE QUALIFIED ELECTORS OF THE CITY -A MEASURE
RELATING TO AN INCREASE IN THE TRANSIENT.
OCCUPANCY TAX AT THE GENERAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 7, 2000, AS CALLED
BY RESOLUTION NO. 3452 .
WHEREAS, a request for consolidating the General Municipal Election with the
Statewide General Election has been called by Resolution No. 3451; and
WHEREAS, the General Municipal Election to be held in the City on Tuesday,
November 7, 2000, for the election of certain officers of the City has been called per
Resolution No. 3452; and
WHEREAS, the City Council also desires to submit to the voters at the election a
question relating to an increase in the Transient Occupancy Tax from 6% to 10 %.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question:
CITY OF ARROYO GRANDE
MEASURE R -2000
Shall an Ordinance amending Section
3 -3.303 of the Arroyo Grande Municipal
Code to increase the Transient
Occupancy Tax ( "hotel /motel bed tax ")
rate from six percent (6 %) to ten
YES
NO
percent (10 %) be adopted?
SECTION 2. -That the full text of the measure is attached hereto as Exhibit "A" and
incorporated herein by this reference and will be included in its entirety with the ballot
measure arguments.
SECTION 3. That in all particulars not recited in this Resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
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RESOLUTION NO. 3468
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SECTION 4. That notice of the time and place of holding the election is given and the
Deputy City Clerk is authorized, instructed, and directed to give further or additional
notice of the election, in the time, form and manner as required by law.
SECTION 5. That the Deputy City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
On motion by Council Member Runels, seconded by Council Member Dickens, and on
the following roll call vote, to Wit:
AYES: Council Members Runels. Dickens, Ferrara, and Mayor Lady
NOES: None
ABSENT: Council Member Tolley
the foregoing Resolution was passed and adopted this 12th day of July, 2000.
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RESOLUTION NO. 3468
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.~. .
MICHAEL A.lA~
ATTEST:
J
' 1/'f.1{jv"l
I DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO FORM:
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RESOLUTION NO. 3468
PAGE 4
EXHIBIT "A"
FULL TEXT OF MEASURE R-2000
AN ORDINANCE, OF THE CITY OF ARROYO GRANDE
AMENDING 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 funds in order to offset revenue losses
due to State budget cut-backs.
Section 2. Tvpe 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 occupancy in any hotel, each transient shall be
subject to and shall pay a tax in the amount of ten percent (10%) of
the rent charged by the operator. Such tax shall constitute a debt
owed by the transient to the City, which debt shall be extinguished
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 installments, a proportionate share of the tax shall
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 Financial Services
Director may' require that such tax be paid directly to the Financial
Services Director.
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RESOLUTION NO. 3468
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Section 4. Effective Date of Tax Increase
The tax rate authorized by this ordinance shall commence on January 1,
2001.
Section 5. Authoritv 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 Constitution ArticJe XIII A, Section 4 and
Article 3.7 of Chapter 4 of Part 1, of Division 2 of Title 5 of the California
Governm,ent Code commencing with Section 53720.
Section 6. Severabilitv
If any section, subsection, sentence, phrase or clause of this ordinance is for
any reason held to be unlawful, such decision shall not affect the validity of
the remaining portion of this ordinance or any part thereof. The people of
Arroyo Grande hereby declare that they have adopted th.e ordinance and
each section, subsection, sentence, phrase or clause thereof, irrespective of
, the fact that anyone or more section, subsection, sentence, phrase or clause
be declared unlawful.
Section 7. Effective Date of Ordinance
This ordinance shall go into effect ten days after adoption, pursuant to
Elections Code Section 9217.
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RESOLUTION NO. 3468
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that Resolution No. 3468 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council of the City of Arroyo Grande on the 11th day of July, 2000.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th
day of July, 2000.
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KELL 'fWETMORE, DIRECTOR OF ADMINISTRATIVE SERVicESI
DEPUTY CITY CLERK
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