HomeMy WebLinkAboutResolution 2002-025 RESOLUTION NO. 2002-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 5, 20029 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 A QUESTION
RELATING TO TRANSIENT OCCUPANCY TAXES
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 Taxes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
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 Atascadero,
California on Tuesday, November 5, 2002, a General Municipal Election for the purpose of
electing two Members of the City Council for the full term of four years; a City Clerk for the full
term of four years; and a City Treasurer 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 amending Section 3-3.03 of the Yes
Atascadero Municipal Code to increase the
Transient Occupancy Tax (hotel/motel bed tax) rate
from 9%to 10%be adopted? No
SECTION 3. That the proposed complete text of the 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.
City of Ataseadero
Resolution No.2002-025
Page 2
SECTION 5. That the City Clerk is authorized, instructed and directed 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.
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 § 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.
On motion by Mayor Pro Tem Scalise and seconded by Council Member Johnson, the
foregoing Resolution is hereby adopted on the following roll call vote:
AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
NOES: None
ABSENT: None
ADOPTED: June 11, 2002
ATTEST: CITY OZArraSmbiZMayo ADERO
Marcia McClure Torgerson, City Jerk J ichael r
APPROVED AS TO FORM:
,- *(� �644
Roy A. nley, City Attorn y
Exhibit A
Resolution No. 2002-025
PROPOSED ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA RESTATING AND AMENDING SECTION
3-3.03 OF THE ATASCADERO MUNICIPAL CODE, CONCERNING THE
AMOUNT OF TRANSIENT OCCUPANCY TAX IMPOSED
THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 3-3.03 is amended to the Atascadero Municipal Code to read as follows:
3-3.03 Tax imposed.
For the privilege of occupancy in any hotel,each transient is subject to and shall pay a
tax in the amount of ten percent(10%)of the rent charged by the operator. Said 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 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 Tax Administrator may require that such tax shall
be paid directly to the Tax Administrator.
SECTION 2. EFFECTIVE DATE
This ordinance takes effect at 12:01 a.m.on the 31 st day after it is adopted. Within fifteen(15)days
after this ordinance is adopted, the City Clerk shall cause it to be published once in a newspaper of
general circulation published and circulated in the City of Atascadero.
SECTION 3. HISTORY
This ordinance was introduced at a regular meeting of the City Council of the City of Atascadero on
, and adopted by the following vote as an ordinance of the City of Atascadero at a
regular meeting of the City Council on , 2002.
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
City of Atascadero
Proposed Ordinance
Page 1
Exhibit A
Resolution No. 2002-025
Signed:
J. Michael Arrambide, Mayor
ATTEST: APPROVED AS TO FORM:
Marcia McClure Torgerson, City Clerk Roy A. Hanley, City Attorney
City of Atascadero
Proposed Ordinance
Page 2