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Home My WebLink About1988-03-10; City Council; Resolution 88-75c , e 0 1 /I RESOLUTION NO. 88-75 2 3 4 5 6 7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NOS. 88- 58 AND 88-59 CALLING AND GIVING NOTICE OF THE HOLDING OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, JUNE 7, 1988, TO INCLUDE THE SUBMISSION TO THE QUALIFIED ELECTORS AN ORDINANCE RELATING TO INCREASING THE TRANSIENT OCCUPANCY TAX BY AN ADDITIONAL 2% TO PAY FOR THE PROMOTION OF TOURISM IN CARLSBAD AND TO FINANCE A PUBLIC GOLF COURSE, TENNIS COURTS AND RELATED FACILITIES. WHEREAS, pursuant to the requirements of the laws of the 9 10 California relating to General Law Cities, there has been called and California, as follows: 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 17 courts and related facilities. l6 promotion of tourism in Carlsbad and to finance a public golf cour I.5 relating to an additional increase in the Transient Occupancy Tax to I: I.4 WHEREAS, the City Council desires to submit another measure to 13 ordinance relating to increasing the Transient Occupancy Tax from 6% t I.2 Municipal Election for the purpose of submitting to the qualified l1 be held in the City of Carlsbad, California, on Tuesday, June 7, 1988, 19 I 2o I SECTION 1. That the above recitations are true and correct. SECTION 2. That the City Council, pursuant to its right and 21 fol1 owing question : z2 does order submitted to the voters at the Special Municipal Ell CARLSBAD MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX 24 23 27 26 NI THE CITY AND FOR A PUBLIC GOLF COURSE, TENNIS COURTS AND RELATED 25 SHALL ORDINANCE NO. NS-10 BE ADOPTED AMENDING CHAPTER 3.12 OF THE YI RATE BY AN ADDITIONAL 2% TO PAY FOR THE PROMOTION OF TOURISM IN --' FACILITIES? 28 1 2 3 4 5 6 0 0 SECTION 3. That the proposed ordinance submitted to the voters i as Exhibit A. SECTION 4. That Resolution No. 88-58 is hereby amended to i nc additional measure to the qual ified voters of the City at the Specia to be held June 7, 1988. SECTION 5. That Resolution No. 88-59 is hereby amended to rc 7 Board of Supervisors of the County of San Diego to authorize the Re! Voters to include this measure in the provision of specified service to the conduct of the election of the City of Carlsbad. a 9 10 11 12 13 14 15 16 SECTION 6. That the City Clerk shall certify to the passage an of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED at an Adjourned Regular Meeting 0' Council of the City of Carlsbad on the 10th day of March the following vote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux and Larson NOES: Council Member Pettine I 17 18 ABSENT: None 19 I I 2o 21 ATTEST: 22' R& d 23 ALETHA L . muTENKnA%-/ 24 II (SEAL! 25 26 27 28 .- 1 2 3 4 5 6 7 8 9 10 11 12 a ma 4 Y8 $5 2 GEzg ;Tz< &&dV $z8$ gE#$ Z 5g $ o"2m to 13 14 15 16 17 t 0 18 19 20 21 22 23 24 25 26 27 28 /I e. 0 Exhibit "A" to Resolution No. 88-; ORDINANCE NO. NS-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 3.12.035 TO INCREASE "HE TRANSIENT OCCUPANCY TAX RATE BY 2% TO PAY FOR THE PROMOTION OF TOURISM IN THE CITY AND FOR A PUBLIC GOLF COURSE, TENNIS COURTS AND RELATED FACILITIES. i The City Council of the City of Carlsbad, California does ordain as follows: /I SECTION I: That Title 3, Chapter 3.12 of the C Municipal Code is amended by the addition of Section 3.12 read as follows: *'3.12.030 Imposition of additional amount -- w payable -- Durposes. (a) In addition to the tax imposed Section 3.12.030 for the privilege of occupancy in any ho transient is subject to and shall pay a tax in the amount percent of the rent charged by the operator. Such tax co a debt owed by the transient to the City which is extingu only by payment to the operator or to the City. The tran shall pay the tax to the operator of the hotel at the tim 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 transi ceasing to occupy space in the hotel. If for any reason due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid dir the tax administrator. uses specified in this section in the following priority: (b) The proceeds of this tax shall be limited 1. The City Council shall make an annual appropriation beginning on July 1, 1989 to the Carlsbad Convention and Visitors Bureau of two hundred thousand do be used for the promotion of tourism in the City of Carls' the Bureau ceases to exist or is otherwise unable to use for such purposes it shall be deposited in the general fu 2. An amount up to the next nine hundred dollars per year shall be used by the City Council for th construction of an 18 hole championship public golf cours related facilities in the City of Carlsbad and for the construction of one or more complexes of public tennis co related facilities in the City of Carlsbad. li 3. The next two hundred thousand dollars used by the City Council for the construction, reconstruc 11 &A // . e. a 1 maintenance or repair of the facilities described in sub! related facilities in the city of Carlsbad. 2 (2) or for the construction of an executive golf course 2 3 4 5 6 7 4. Any proceeds from this tax in excess ( amounts necessary to satisfy the requirements of subsect: (2) and (3) or otherwise unexpended when this tax termini be deposited in the general fund. (c) The tax imposed by subsection (a) shall bc a period beginning on July 1, 1989 and ending twenty yea1 the date the City sells the bonds necessary to fund the facilities described in Section (b) (2) .I1 8 SECTION 2: The City Council may amend this orc 9 application of tax, or make such other changes as they dc 10 from time to time to add exceptions, or adjust the rate, ordinance shall not be increased and the allocation of fu 12 to be necessary provided the rate of tax to be imposed bl 11 2 m 13 the promotion of tourism in the City or for the construct IIg $4 m 0 N 6o;$ 14 the golf course or tennis courts shall not be decreased. gb;CC g>>O ,tu!!= 15 l;y=i SECTION 3: In accordance with Section 4013 of iio Elections Code of the State of California, this ordinance wzo~ 16 !2&00" oc2m zo Y ~5 5 17 considered as adopted upon the date that the vote is decl >o t 0 18 the City Council and shall go into effect ten days after 19 date. 20 SECTION 4: This ordinance imposes a special ta 21 22 therefore requires the approval of two thirds of the vote would raise the transient occupancy tax rate from 6% to 8 24 the same time as another ordinance requiring a majority v 23 thereon in the election. It will be presented to the vot increase said rate from 6% to 8%. 28 this ordinance passes and the other does not this ordinanl 27 to increase the transient occupancy tax rate from 8% to 1 26 both ordinances are adopted the effect of this ordinance i 25 I4 *. 0 1 INTRODUCED AND FIRST READ at a regular meeting ( 2 3 4 5 6 7 8 9 10 11 Carlsbad City Council- on the day of 1988, and thereafter PASSED AND ADOPTED at a regular meeting of the ( Council of the City of Carlsbad on the day of 1988, by the following vote, to wit: AYES : NOES : ABSENT: APPROVED AS TO FORM AND LEGALITY 12 a s 03 13 VINCENT F. BIONDO, JR., City Attorney <$ m 1?8 gLxz OWu 14 zos' eEig ;:3$ kt;" - 5 =g? 16 ATTEST: oucm zo Y '5 $ 17 E N 15 CLAUDE A. LEWIS, Mayor 0 0 18 ALETHA L. RAUTENKRANZ, City Clerk 19 20 21 22 23 24 25 26 27 28 3.