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Res 02-080RESOLUTION NO. 02-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY AN ORDINANCE INCREASING 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY as follows: 1. There shall be placed upon the ballot of the General Municipal Election of the City to be conducted November 5, 2002, that ordinance attached hereto, marked Exhibit "A", and by reference made a part hereof. 2. That on the ballots to be used at said General Municipal Election, in addition to any other matters required by law, and in addition to any other matters specified in the resolution calling said election, there shall be printed substantially the following: Shall an ordinance of the City of Poway be adopted which would increase the YES Transient Occupancy Tax from the current six percent to ten percent of a hotel or motel guest's room rate? NO 3. That a cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the ordinance. A cross (+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the ordinance. 4. The ordinance submitted by this resolution shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 13116 of the Elections Code. 5. The City Attorney is directed to prepare an impartial analysis of the measure in accordance with Elections Code 9280. Resolution No. 02- 080 Page 2 6. This Resolution shall take effect upon its adoption by this Council. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at the regular meeting this 9th day of July, 2002 Michael P. Mayor ATTEST: Lori~nne Peoples, City' Clerk STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) SS, I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 02- 080 , was duly adopted by the City Council at a meeting of said City Council held on the 9th day of July, 2002, and that it was so adopted by the following vote: AYES: EMERY, NOES: GOLDBY ABSTAIN: NONE ABSENT: NONE HIGGINSON, REXFORD, CAFAGNA Lori~Anne Peoples, City Clerl~ 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. 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 majodty 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. Ordinance No. 559 Page 2 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, California upon the declaration of the vote at said general election. Introduced and first read at a Regular Meeting of the City Council of the City of :iPoway held this 25th day of June 2002, and thereafter PASSED AND ADOPTED at a ~regular meeting of said City Council held the 9th day of July 2002, by the following mil call vote. AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: GOLDBY ABSTAIN: NONE ABSENT: NONE ATTEST: M~Mayor nne P~oples, City-Cl~rl~