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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. " .. RESOLUTION NO. 3468 PAGE 2 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. ~_.- \ \ . RESOLUTION NO. 3468 PAGE 3 .~. . MICHAEL A.lA~ ATTEST: J ' 1/'f.1{jv"l I DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO FORM: . \ '. . 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. ------ " '. RESOLUTION NO. 3468 PAGE 5 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. ~_._- ""-------.- -~_.- , -. 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. 11 I 1 ,11 t f.J" IA' I!.t eft tJfJ<-J:,- KELL 'fWETMORE, DIRECTOR OF ADMINISTRATIVE SERVicESI DEPUTY CITY CLERK ---- -----~- .--.--.---- ~'.,