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HomeMy WebLinkAboutCC Reso No 2010-046RESOLUTION NO. 2010 -046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THAT A MEASURE RELATED TO INCREASING THE CITY'S TRANSIENT OCCUPANCY TAX BE SUBMITTED TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 2, 2010 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMIE AND ORDER AS FOLLOWS: SECTION 1. The City Council, pursuant to its right and authority, does hereby order submitted to the voters at the Regular Municipal Election to be held on November 2, 2010, the following measure: Shall an ordinance be adopted to impose a transient occupancy tax of twelve percent (12 %) on hotels and YES NO campgrounds in the City of Lake Elsinore? ---- - - - - -- ---- - - - - -- SECTION 2. The text of the proposed ordinance to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The ballots to be used at the election shall be in form and content as required by law. SECTION 4. The Riverside County election official is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election and is authorized to canvass the returns of the election. SECTION 5. The polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in California Elections Code Section 14401. SECTION 6. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. The Interim City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the election official of the County of Riverside, not later than August 6, 2010. Resolution No. 2010 -046 Page 2 of 3 SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 13th day of July 2010. �� c( _ i`�v MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE Q1 INTERIM CITY CLERK APPROVED AS TO CITY A Resolution No. 2010 -046 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010 -046 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 13th day of July 2010, and that the same was adopted by the following vote: AYES: COUNCIL MEMBERS: MAGEE, HICKMAN, BUCKLEY, MAYOR PROT TEM BHUTTA AND MAYOR MELENDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE INTERIM CITY C ORDINANCE NO. 1281 AN ORDINANCE AMENDING PROVISIONS OF CHAPTER 3.32 OF THE LAKE ELSINORE MUNICIPAL CODE TO INCREASE THE RATE OF THE CITY’S TRANSIENT OCCUPANCY TAX TO 12% ON HOTELS AND CAMPGROUNDS THE PEOPLE OF THE CITY OF LAKE ELSINORE ORDAIN AS FOLLOWS: SECTION 1. Section 3.32.020 of the Lake Elsinore Municipal Code is hereby amended to add the following to the definition of “Hotel”: The definition of “hotel” as used in this Chapter 3.32 shall also include any “campground.” A “campground” means any park or real property where a transient may locate a tent, trailer, tent trailer, pick-up, camper, recreational vehicle (as defined in California Vehicle Code sections 242, 243, 362, 465, 635, or California Health and Safety Code section 18010) or other similar temporary means for the purposes of lodging, dwelling, or sleeping, whether or not water, electricity, or sanitary facilities are provided. SECTION 2. Section 3.32.030 of the Lake Elsinore Municipal Code is hereby amended in its entirety as follows: For the privilege of occupancy in any hotel, each transient is subject to and shall pay a general tax in the amount of twelve percent (12%) of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is 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 shall be paid directly to the tax administrator. SECTION 3. Notwithstanding Section 9217 of the California Elections Code, without a vote of the people, the City Council may do any and all of the following: (i) repeal this Ordinance; (ii) reduce the rate of the transient occupancy tax below twelve percent (12%); or (iii) increase the rate of the transient occupancy tax to twelve percent (12%) if it has been previously reduced below such rate. In no event shall the City Council increase the rate of the transient occupancy tax in excess of twelve percent (12%) without approval by a majority of the voters voting in an election on the increase. SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The People of the City of Lake Elsinore hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that anyone or more sections, Ordinance No. 1281 Page 2 of 3 subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. SECTION 5. If adopted, this Ordinance will increase the rate of the City's existing Transient Occupancy Tax, which is a general tax of the City, from 10% to 12% and also impose the Transient Occupancy Tax on campgrounds. This Ordinance was proposed by the City Council of the City of Lake Elsinore through the approval and introduction of the Ordinance and the adoption of Resolution No. 2010-__ by the affirmative votes of not less than four of its members as required by Government Code Section 53724(b). SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by signing where indicated below. This Ordinance shall take effect ten (10) days following certification of the vote by the City Council. I hereby certify that the foregoing ordinance was PASSED, APPROVED and ADOPTED by the People of the City of Lake Elsinore voting on the 2nd day of November, 2010. _______________________________ MAYOR ATTEST: ____________________________ CITY CLERK Ordinance No. 1281 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1281 was introduced at a regular meeting of the th City Council of the City of Lake Elsinore on the 13 day of July 2010. AYES: NOES: ABSENT: ABSTAIN: _________________________ CAROL COWLEY INTERIM CITY CLERK