R 1552
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RESOLUTI ON NO. 1552
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY,
NOVEMBER 2, 1982, FOR THE SUBMISSION TO THE
QUALIFIED ELECTORS OF SAID CITY AN ORDINANCE
RELATING TO TRANSIENT OCCUPANCY TAX
WHEREAS, the City Council of the City of Arroyo Grande has determi ned
that an increase in the transient occupancy tax from its present rate of
6% to an increased rate of 9% is the most feasible and equitable method
of obtaining Increased revenue for the Parks Department and Police protection;
and
WHEREAS, California Constitution Article XIII A, S4 requires
two-thirds voter approval of any such tax increase;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Arroyo Grande, as follows:
SECT! ON I: Pursuant to Elections Code Sections 5011 et seq., the
City Council hereby submits to the qualified voters of the City of Arroyo
Grande for adoption or rejection the following proposed ordinance amendment
to the Municipal Code:
"BE IT ORDAINED BY THE PEOPLE OF THE CITY OF ARROYO GRANDE,
CALIFORNIA, AS FOLLOWS:
Section I: Municipal Code Section 3-3.303 Is hereby amended
as follows:
3-3.303 (A) Tax Imposed. For the privilege of occupancy in any
hotel, each transient shall be subject to and shall pay a tax
in the amount of nine (9%) percent 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 Tax Administrator
may require that such tax be paid directly to the Tax Administrator.
3-3.303 (B) Designated Use for Tax Revenues. The tax revenues
received from the tax In paragraph (A) above shall be segregated
and kept separate at all times from any other city revenues,
funds or accounts and shall be budgeted and expended for the
following purposes, and In the fol1owlng ratios
(1) Park Department 50%
(2) Police Department 50%
The increased transient occupancy tax proposed in Section I hereof
shall take effect on January I, 1983, if approved prior thereto by
two-thirds of those voting at a city election held to consider
the adoption or rejection of such Increased tax."
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SECTION 2: That the polls for said election shall be open at
seven o'clock a.m. of the day of said election and shall remain open
continuously from said time until eight o'clock p.m. of the same day
when said polls shall be closed, except as provided in Section 14206
of the Elections Code of the State of California.
SECTION 3: That the City Council hereby declines to adopt
Section 5014.5 of the Elections Code of the State of California providing
for Rebuttal Arguments.
SECTION 4: That in all particulars not recited in this resolution,
said election shall be held and conducted as provided by law for holding
municipal elections in said city.
SECTION 5: That notice of the time and place of holding said
election is hereby given and the City Clerk is hereby authorized, instructed
and directed to give such further or additional notice of said election in
time, form and manner as provided by law.
SECTION 6: That the City Clerk shall certify to the passage and
adoption of this Resolution; shall enter the same In the book of original
Resolutions of said City; and shall make a minute of the passage and
adoption thereof in the records of the proceedings of the City Council of
said City, in the minutes of the meeting at which time the same is passed
and adopted.
SECTION 7: That this Resolution shall take effect immediately.
On motion of Council Member Gallagher, seconded by Council Member
Millis, and on the following roll call vote, to wit:
AYES: Council Members Gallagher and Millis, Mayor Smith
NOES: None
ABSENT: Council Members Vandeveer and Hogan
the foregoing Resolution was passed and adopted this 13th day of July, 1982.
MAYOR 7 G(/ 4146
ATTEST: //L i..i. A.,_Il__/,
D PUTY C LERK