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Res 02-076RESOLUTION NO. 02-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO TRANSIENT OCCUPANCY TAX WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a general municipal election shall be held on November 5, 2002, for the election of municipal officers; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to transient occupancy tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of Poway, California, on Tuesday, November 5, 2002, a General Municipal Election for the purpose of electing a Mayor for the full term of four years; and two members of the City Council for the full term of four years. Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: Shall an ordinance of the City of Poway be adopted which would YES increase the Transient Occupancy Tax from the current six percent to ten percent of a hotel or motel guest's room rate? NO Section 3. That the complete text of the proposed Ordinance submitted to the voters is attached as Exhibit A. Section 4. That the ballots to be used at the election shall be in form and content as required by law. Section 5. That the City Clerk is authorized 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. Resolution No. 02-076 Page 2 Section 6. That the polls for the election shall be open at seven o'clock a.m. of 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 Section 14401 of the Elections Code of the State of California. Section 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof this 9th day of July 2002. ATTEST: Peoples, City ClerkF M Ich~yor STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 02- 076 was duly adopted by the City Council at a meeting of said City Council on the 9th day of July, 2002, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE LorilAnne Peoples, City Clerkl City of Poway ORDINANCE NO. 559 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 3.16 OF THE POWAY MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX TO TEN PERCENT WHEREAS, the City Council of the City of Poway has determined pursuant to Elections Code Section 9222 to submit an ordinance to the qualified voters of the City of Poway at the General Municipal Election to be held on November 5, 2002 to increase the Transient Occupancy Tax to ten percent. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1. Voter Approval of Existinq Tax. The six percent transient occupancy tax established by Poway Municipal Code Section 3.16.030 is hereby approved. Section 2. Amendment of the Poway Municipal Code. Section 3.16.031 of the Poway Municipal is hereby amended to read as follows: Section 3.16.031 Additional Tax imposed. In addition to the tax imposed by Section 3.16.030 of this code for the privilege of occupancy in any hotel, each transient is subject to and shall pay an additional tax in the amount of four percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the City which is extinguished only by payment 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 City Treasurer may require that such tax shall be paid directly to the City Treasurer. Section 3. City Council Action. A. The City Council shall as quickly as permitted by law following the adoption of this ordinance by the voters, take all actions required to carry out the mandates of Section 1 and Section 2 hereof. B. The City Council shall take all steps necessary to defend vigorously any challenge to the validity or constitutionality of this ordinance. EXHIBIT A Ordinance No. 559 Page 2 Section 4. Construction. Nothing contained in this ordinance shall be construed to make illegal any lawful tax presently in effect. Nothing contained in this ordinance shall be construed to require more than a simple majority vote for the adoption of this ordinance or for the approval of any future measure to amend this ordinance. For purposes of this section, "presently" shall mean as of the date of the election at which the voters approve or disapprove this ordinance. ' Section 5. Severability. If any section, sentence, clause, phrase, part, or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. It is hereby declared that this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. Section 6. Effective Date. Pursuant to Elections Code Section 9217, this ordinance shall be considered as adopted upon the date that the vote by the electorate of the City of Poway is declared by the City Council, and shall become effective ten (10)days after that date. PASSED the 5th day of November, 2002, by the voters of the City of Poway, California, at a general election on that date in which approval or disapproval of this ordinance appeared on the ballot. ADOPTED the 3rd day of December, 2002, by the City Council of the City of Poway, Califomia upon the declaration of the vote at said general election. Michael Ina, Mayor ATTEST: Lori lknne Peoples, City (~ler~['-