HomeMy WebLinkAbout1989-03-07; City Council; Resolution 89-57*
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RESOLUTION NO. 89-57
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 6th DAY OF 3UNE, 1989, FOR THE PURPOS
OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY
AN ORDINANCE RELATING TO INCREASING THE TRANSIENT
OCCUPANCY TAX RATE FROM 8% TO IO%, AND A MEASURE
AUTHORIZING THE EXPENDITURE OF FUNDS FOR A GOLF
COURSE AND OTHER RECREATIONAL FACILITIES.
WHEREAS, the City Council of the City of Carlsbad desir
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to increase the transient occupancy tax rate from 8% to 10% 10
submit to the qualified voters of said City a proposed Ordi
11 WHEREAS, the City Council of the City of Carlsbad desir
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authorize the expenditure of funds for the construction of 13
submit to the qualified voters of said City a measure to
cost of which will exceed $1 million; and 15
municipal golf course and other recreational facilities, th 14
at an election; and 20
the ballot and approved by a majority of voters voting ther 19
costing in excess of $1 million in tax monies to be placed 18
guidelines adopted for implementation require capital proje 17
WHEREAS, Chapter 1.24 of the Carlsbad Municipal Code an 16
21 WHEREAS, the City Council of the City of Carlsbad is
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authorized to submit such Ordinance and Measure to the qual
voters;
24 NOW, THEREFORE, BE IT RESOLVED that the City Council 01
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City of Carlsbad, California, does hereby declare and detel
SECTION 1. That the above recitations are true and 27
and order as follows:
28 correct.
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1 I/ SECTION 2. That pursuant to the requirements of the la
A of the State of California relating to General Law Cities,
is called and ordered to be held in the City of Carlsbad,
California, on Tuesday, June 6, 1989, a Special Municipal
Election for the purpose of presenting an Ordinance as
hereinafter set forth relating to the transient occupancy t
and a measure relating to the expenditure of funds for the
construction of a golf course and recreational facilities.
SECTION 3. That the Ordinance to be submitted to the
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16 CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE TO I I
qualified voters shall be as set forth in Exhibit A attache
hereto and made a part hereof.
SECTION 4. That said City Council, pursuant to its ri
and authority to do so, does order submitted to the qualifi
voters of the City at said Special Election, the following
questions:
SHALL ORDINANCE NO. NS-52 BE ADOPTED AMENDING /Yes I
INCREASE THE TRANSIENT OCCUPANCY TAX RATE FROM 8% TO m
17 IO%? I 1%
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DO VOTERS OF THE CITY OF CARLSBAD APPROVE SPENDING I I
CITY FUNDS FROM VARIOUS SOURCES INCLUDING THE GENERAL] I
FUND IN AN AMOUNT OVER ONE MILLION DOLLARS AS lYes I
DETERMINED NECESSARY BY THE CITY COUNCIL TO CONSTRUCT1 I
TWO PUBLIC GOLF COURSES, ONE REGULATION AND ONE SHORT1 I
PURPOSE ADULT SIZE FIELDS, AND AN ENCLOSED SOCCER I I
FACILITY? THIS MEASURE AUTHORIZES BUT DOES NOT IN0 I
REQUIRE SUCH CONSTRUCTION AND MAY INCLUDE THE I I
EXPENDITURE OF FUNDS FOR PROPERTY ACQUISITION. I I
COURSE, A MULTI- COURT TENNIS COMPLEX, TWO MULTI- -
SECTION 5. That the ballots to be used at the electio
shall be in the form and content as required by law.
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2 SECTION 6. That the City Clerk is authorized, instruct
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and directed to procure and furnish any and all offical bal
notices, printed matter, supplies and equipment that may be
necessary in order to properly and lawfully conduct the
election.
SECTION 7. That the polls for the election shall be c
at seven o'clock a.m. of the day of the election and shall
remain open continually from that time until eight o'clock
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of the same day when the polls shall be closed, except as
provided in Section 14301 of the Elections Code of the Stat
California.
SECTION 8. That in all particulars not recited in thi
resolution, the election shall be held and conducted as pro
by law.
SECTION 9. That notice of the time and place of holdi
the election is given and the City Clerk is authorized,
instructed, and directed to give further or additional noti
said election, in time, form and manner as required by law.
SECTION 10. That the City Clerk shall certify to the
passage and adoption of this Resolution and enter it into t
book of original Resolutions.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 7th day
March , 1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
aax;r, 4 RP?
ALETHA L. RAUTENKRANZ, City Clerk
( SEAL)
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0 EXHIBIT "A" TO RESOLUTION NO.
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ORDINANCE NO. NS-52
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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 FROM 8% TO 10%.
The People of the City of Carlsbad do,ordain as follows
SECTION 1. That Title 3, Chapter 3.12 of the Carlsbad
ll Municipal Code is amended by the amendment of Section 3.12.C
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"3.12.030 Imposition -- Amount -- Where payable.
For the privilege of occupancy in any hotel, each
transient is subject to and shall pay a tax in the
amount of nine percent of the rent charged by the
operator. After 3anuary 1, 1990, the tax shall be
ten percent for such rent. The 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 proportionat
share of the tax shall be paid with each installmen 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 tl
hotel, the tax administrator may require that such .
shall be paid directly to the tax administrator."
19 /I SECTION 2. The City Council may amend this ordinance f;
20 II time to time to add exceptions, or adjust the rate, or
21 /I application of tax, or make such other changes as they detern
22 !I to be necessary provided the rate of tax to be imposed by thj
23 II ordinance shall not be increased.
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SECTION 3. In accordance with Section 4013 of the
Elections Code of the State of California, this Ordinance sha
26 11 be considered as adopted upon the date that the vote is
27 I1 declared by the City Council and shall go into effect ten (10
28 11 days after that date.
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PASSED, APPROVED AND ADOPTED by the People of the Cit)
Carlsbad at a Special Municipal Election held on the 6th d;
of June, 1989.
AYES:
NOES:
ABSENT:
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Vincent F. Biondo, 3r., 19
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ALETHA L. RAUTENKRANZ, City Clerk
CLAUDE A. LEWIS, Mayor
ATTEST:
( SEAL )
APPROVED AS TO FORM AND LEGALITY:
City Attorney