HomeMy WebLinkAbout1532 - ORDINANCES - 6/5/1996 ORDINANCE NO. 1532
AN ORDINANCE OF THE CITY OF PALM SPRINGS, '
CALIFORNIA, ESTABLISHING A PROCEDURE TO
COLLECT A PAYMENT FROM CONDOMINIUM-HOTEL
OPERATORS IN LIEU OF TRANSIENT OCCUPANCY TAXES
PURSUANT TO A RECORDED DECLARATION OF
RESTRICTIONS
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1 . Section 3 . 24 . 292 of the Palm Springs Municipal Code
shall be added to read as follows :
113 . 24 . 292 Agreement with Owner for Payment in Lieu of
Transient Occupancy Tax for condominium-Hotels . In the case
of a condominium-"hotel as defined in Ordinance 1521, in lieu
of collecting, reporting and remitting the taxes provided for
under this Chapter 3 . 24, the operator may make ail in-lieu
payment to the tax administrator of an amount as agreed to
with the City and in accordance with the provisions of this
section as follows :
" (1) The payment shall be in an amount agreed to by the '
operator and City Council and shall be set forth in a
declaration of covenants, conditions and restrictions (the
"declaration" ) recorded against and binding on the owner and
successors in interest in. the property and enforceable by the
City.
" (2) The payment shall be made monthly in accordance with
a formula including factors for tax rate and other increases .
11 (3) In addition to the enforcement mechanisms contained
within Chapter 3 . 24, the City shall have those remedies set
forth in the declaration.
11 (4) The payment shall be in accordance with such other
provisions of the declaration as the City Attorney may
prescribe and other applicable ordinances of the City.
"The City shall have the right to reinstate the
application of the trarLSient occupancy tax against the
property in accordance with all provisions of Chapter 3 . 24 by
adopting by a four-fifths (4/5) vote and recording in the
records of the County Recorder a resolution rescinding the
provisions of the declaration, and thereafter the in-lieu
payment formula will be deemed null and void, and the
provisions of this chapter shall apply. '
"This section is enacted pursuant to the authority of
Sections 906 and 907 of the Palm Springs Charter authorizing
the City to prescribe by ordinance procedures for the
assessment levy and collection of taxes, assessments, and
fees . This section is enacted due to the difficulty of
establishing and collecting transient occupancy taxes in
accordance with existing procedures for condominium-hotels . "
01532
Page 2
SECTION 2 . EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
' SECTION 3 . PUBLICATION. The City Clerk is hereby ordered and
directed to certify the passage of this Ordinance, and to cause the
same or a summary thereof or a display advertisement, duly prepared
according to law, to be published in accordance with law.
ADOPTED this 5th day of June , 1996 .
AYES : Members Barnes, Oden, Spurgin and Mayor Kleindienst
NOES : None
ABSENT: None
ABSTAIN: Member Hodges
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By .mac y� ��_ _ �F�•� r�l
City Clerk Mayor
REVIEWED AND APPROVED AWL M
' I HEREBY CERTIFY THAT the foregoing Ordinance 1532 was duly adopted
by the City Council of the City of Palm Springs, California, in a
meeting held on the 5th day of June, 1996, and was duly published in
the DESERT SUN, a newspaper of general circulation on June 9, 1996.
JUDITH SUMICH
City Clerk