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R 3304 RESOLUTION NO. 3304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, AMENDING RESOLUTION NO. 3286 . WHEREAS, on May 12, 1998, the Arroyo Grande City Council adopted Resolution No. 3286, entitled "A Resolution of the City Council of the City of Arroyo Grande, California, Requesting the Board of Supervisors of the County of San Luis Obispo to Consolidate a General Municipal Election to be Held on November 3, 1998, With the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 . of the Elections Code"; and WHEREAS, the City Council desires to amend Resolution No. 3286 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 RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1. That the portion of Resolution No. 3286, Section 2, which reads as follows: CITY OF ARROYO GRANDE M EAS U RE .H.=..9..8 . 'YES Shall the City increase the Transient 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. MEASURE .!!::.ia YES. Shall an Ordinance amending Section ,3-3.03 of the Arroyo Grande Municipal Code to increase the Transient o.ccu- pancy Tax ("hotel/motel bed tax") rate NO from six percent (6%) to ten percent (10%) be adopted? RESOLUTION NO. 3304 The full text of the Measure is attached hereto as Exhibit U A" and incorporated herein by this reference and will be included in its entirety with the ballot measure arguments. 2. Except as amended herein, Resolution No. 3286 shall remain in full force and effect. On motion of Council Member Tolley , seconded by Council Member Runels , and on the following roll call vote, to wit: AYES: Council Members Tolley, Runels, Lady, and Mayor Dougall NOES: None ABSENT: Council Member Fuller the foregoing es lution was passed and adopted this 23rd day of June, 1998. ~ A.K. II ATTEST: APPROVED AS TO CONTENT: 1&(JJ L~ fhili) - ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: RNEY. , . .. : -.- RESOLUTION NO. 3304 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.3304 is 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. _ _. __ ~..n. ___ _ RESOLUTION NO. 330~ FULL TEXT OF MEASURE H=.9 8 AN ORDINANCE OF THE CITY OF ARROYO GRANDE TO AMEND SECTION 3-3.303 OF THE. ARROYO. GRANDE MUNICIPAL CODE. RELATIN,G TO T~AN,SIENT OCCUPANCY:TAX' . RATES . The People of the City of Arroyo Grande do here.by ordain as follows: Section 1. Purpose It is the intent of this ordinance to increase City funds in order to offset revenue 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 occupancy in any hotel, each transient shal" be . subject to and shaH pay a tax in the amount of ten percent (10%) of the rent charged b,Y the operator. Such tax shall constitute a debt owed by the transient to the City, which debt shaH 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 . nof paid to the operator of the hotel; the Tax Admj~jstrator m~y require that suC?h 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. 3304 f;ection 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 Constitution 'Article XIII A, Section 4 and Article 3..7 of Chapter 4 of Part 1, of DivisiQn 2 'of Title, 5 of the California Government Code c,?mmencing 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. . . f;ection 7. Effective Date of Ordinance This ordinance shall go into effect ten days after adoption, pursuant to Elections Code Section 9217. 2:\AMOYOIMISC\l1TIl-TAx.BAL . ., EXHIBIT II A"