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HomeMy WebLinkAbout1988-03-01; City Council; Resolution 88-583. i, 2 3 4 5 6 0 0 - RESOLUTION NO. 88-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING, ORDERING, PROVIDING FOR AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 7TH DAY OF JUNE, 1988, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY AN ORDINANCE RELATING TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE FROM 6% TO 8%. ~ 7 WHEREAS, the City Council of the City of Carl sbad desires to SI 8 qual if ied voters of said City a proposed Ordinance to increase th 9 occupancy tax rate from 6% to 8%; and 10 11 12 Ordinance to the qualified voters; 15 SECTION 1. That the above recitations are true and correct. 14 Carl sbad, California, does hereby declare and determine and order as 13 NOW, THEREFORE, be it resolved that the City Council of t SECTION 2. That pursuant to the requirements of the laws of tl 16 California relating to General Law Cities, there is called and orc I? held in the City of Carlsbad, California, on Tuesday, June 7, 1988, 18 Municipal Election for the purpose of presenting an Ordinance .as here 19 1 forth relating to the transient occupancy tax. 20 SECTION 3. That the Ordinance to be submitted to the qual il shall be as set forth in Exhibit A attached hereto and made a part he WHEREAS, City Council of the City of Carlsbad is authorized to 21 1 22 SECTION 4. That said City Council, pursuant to its right and a( 23 24 do so, does order submitted to the qualified voters of the City at si Election, the following question: 25 N( TAX RATE FROM 6% TO 8%. 26 --. THE CARLSBAD MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY YI SHALL ORDINANCE NO. NS-8 BE ADOPTED AMENDING CHAPTER 3.12 OF 27 28 -1 0 0 1 2 3 4 5 6 SECTIQN 4. That the ballots to be used at the election shall I and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and procure and furnish any and all official ballots, notices, prini suppl ies and equipment that may be necessary in order to properly a conduct the election. 7 SECTION 6. That the pol 1 s for the election shall be open at se 8: 9 a.m. of the day of the election and shall remain open continually fro until eight o'clock p.m. of the same day when the polls shall be clo as provided in Section 14301 of the Elections Code of the State of Ca SECTION 7. That in all particulars not recited in this reso- 10 11 12 election shall be held and conducted as provided by law. 13 SECTION 8. That notice of the time and place of holding the z 14 given and the City Clerk is authorized, instructed and directed to g. 15 or additional notice of said election, in time, form and manner as r 16 17 1 aw. 18 SECTION 9. That the City Clerk shall certify to the passage ar of this Resolution and enter it into the book of original Resolutions. 19 I 20 21 22 23 24 25 I 26 11 27 28 .. 1 2 3 4' 5 6 7 8 9 10; 1L 12 13 14 15 16 17 18 19 21 1 20 22 23 24 25 26 27 28 0 0 PASSER, APPROVED AND ADOPTED at a/ Regul ar Meeting of the City the City of Carlsbad on the 10th day of March , 1988, by tb vote, to wit: Ad j ourned AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT : None ATTEST: - ALETHA aJ" L . RAUT{NK$ZY=) (SEAL) . '1 e 0 1 2 3 4 5 6 7 EXHIBIT "A" . RESOLUTION NI ORDINANCE NO. NS-8 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 3.12.030 TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE TO 8"h. The People of the City of Carl sbad do ordain as foll ows: SECTION 1: That Title 3, Chapter 3.12 of the Carlsbad Munici 8 I/, amended by the amendment of Section 3.12.030 to read as follows: 9 10 11 12 13 14 15 "3.12.030 ImDosition--Amount--Where Dayable. For tl, privilege of occupancy in any hotel, each transient i subject to and shall pay a tax in the amount of eigh percent of the rent charged by the operator. Such ta constitutes a debt owed by the transient to the City whic is extinguished only by payment to the operator or to th City. The transient shall pay the tax to the operator c the hotel at the time the rent is paid. If the rent is pai in installments, a proportionate share of the tax shall b paid with each installment. The unpaid tax shall be du upon the transient's ceasing to occupy space in the hotel If for any reason the tax due is not paid to the operator o the hotel, the tax administrator may require that such ta shall be paid directly to the tax administrator." 16 SECTION 2: The City Council may amend this ordinance from time I? 24 days after that date. 25 that the vote is declared by the City Council and shall go into effec 22 State of California, this Ordinance shall be considered as adopted up( 21 SECTION 3: In accordance with Section 4013 of the Elections C 20 I by this ordinance shall not be increased. I' changes as they determine to be necessary pGovided the rate of tax to l8 add exceptions, or adjust the rate, or' application of tax, or make 25 26 27 28 I ~ ”* 5 1 2 3 !4 5 6 7’ 8 9 10; 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 0 0 PASSEQ, APPROVED AND ADOPTED by the People of the City of Car election held on the 7th day of June, 1988. CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City C1 erk (SEAL) APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney