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Home My WebLink About20654 - RESOLUTIONS - 7/9/2003 RESOLUTION NO. 20654 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,, CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE GENERAL MUNICIPAL ELECTION TO BEHELD ON NOVEMBER 4, 2003 FOR THE SUBMISSION TO THE VOTERS OF A MUNICIPAL CODE AMENDMENT TITLE 3, SECTION 3.24.037(b) (COUNCIL MEASURE) RELATING TO THE COLLECTION OF TRANSIENT OCCUPANCY TAX WHEREAS a regular General Municipal Election shall be held on Tuesday,November 4, 2003 for the election of a Mayor and two(2)members of the City Council; and WHEREAS, the City Council has determined to place said matter of Transient Occupancy Tax before the qualified voters of the City of Palm Springs; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as.follows: Section 1. That there shall be and there is hereby ordered a special municipal election, to be consolidated with the general municipal election to be held November 4, 2003 for the purpose of submitting to the qualified electors of said City, the following measure,to wit: MEASURE Shall the Palm Springs Municipal Code be amended concerning the tax currently collected on persons staying at group meeting hotels generally defined as hotels with more than 125 rooms and which accommodate large groups,by increasing the tax rate by one percentage point(1%),be adopted? Section 2. That the proposed measure submitted to the voters is attached as Exhibit A. Section 3. That the City Clerk is hereby directed to transmit a coy of the measure set forth in Section I above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code. Section 4. That such measure shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by Section 13116 of the Elections Code. In the event the measure receives a greater number of YES votes than NO votes,the measure shall be deemed supported by the voters. In the event a measure receives a greater number of NO votes than YES votes, the measure shall be deemed unsupported by the voters. ' Section 5. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. 313 Res.No. 20654 Page 2 Section 6. The City Clerk of said City is hereby authorized, instructed and directed to procure and ' furnish, through the Registrar of Voters for the County of Riverside or other resource as necessary, any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. Section 7. The polls for said election shall be open at seven o'clock a.m. on the day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 8. hi all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding consolidated municipal elections in said City. Section 9. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. Section 10. That the City Clerk shall reimburse said County, or other resource, for services performed when the work is completed and upon presentation to the City of a properly approved bill. ' Section 11. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the General Municipal Election to be held in said City is hereby ordered to be made by the City Clerk and the Registrar of Voters of said County. Section 12. The City Clerk of said City shall cause to be complete the canvass of said election and shall certify the results to the City Council on November 25,2003. ADOPTED this Xh day of July,2003. AYES: Members Mills, Oden, Reller-Spurgin, and Mayor Kleindienst NOES: None ABSENT: Member Hodges - excused TT-E CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager - REVISED &APPROVED: 1 3BZ Resolution 20654 Page 3 I. TEXT OF BALLOT QUESTION "Shall the Palm Springs Municipal Code be amended concerning the tax currently collected on persons staying at group meeting hotels, generally defined as hotels with more than 125 rooms and which accommodate large groups, by increasing the tax rate by one percentage point (1%), be adopted? II. TEXT OF MUNICIPAL CODE AMENDMENT SECTION 1. Sections 3.24.030, 3.24.035, 3.24.036, 3.24.037, and 3.24.037(a) of the Palm Springs Municipal Code are hereby repealed. SECTION 2. Title 3 of the Municipal Code of the City of Palm Springs is hereby amended by adding a new Section 3.24.030, relating to Transient Occupancy Tax, to read ' in its entirety as follows: "3.24.030 Tax imposed on Hotel Guests —Use of proceeds. (a) For the privilege of occupancy in any hotel, each transient is subject to, and shall pay a tax in the amount of eleven and one-half percent(11.5%) of the rent charged by the operator or otherwise payable by the transient. Insofar as the transient is concerned, 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. (b) For purposes of this section, the rent deemed payable on account of time- share occupancy by a transient shall be the rental value of the unit or room(s) which accorn modated such occupancy, which rental value shall be computed by determining the pro rata share of the total purchase price of the time-share right or entitlement (whether or not involving an estate or any ownership in real property), which share is allocable to the period of transient occupancy currently involved, and adding thereto the total applicable operating costs including, but not limited to, the applicable real and personal property taxes, plus the total amount of any and all Resolution 20654 Page 4 fees, assessments, charges and expenses (not including the previously referred to ' taxes) charged by the operator as attributable to the time-share occupancy of the transient by whatever name such fees, assessments, charges or expenses may be denominated, whether "occupying fee," "maintenance or operations charge," "per diem fee," "management fee" or like name or otherwise. In making the computation referred to above of the pro rata share of the total purchase price, in any case wherein the time-share right or entitlement is in perpetuity or for life or otherwise not for a definite or ascertainable term, such pro ration shall be made upon an assumed term of forty years. (c) The tax imposed and collected by this section shall be allocated and paid into the following funds as provided herein: (i) Seven percent (7%) shall be paid into the Community Promotion Fund and used in accordance with Section 3.24.310. (ii) Four and one-half percent (4.5%) shall be paid into the general fund of the City." SECTION 3. Title 3 of the Municipal Code of the City of Palm Springs is hereby amended by adding a new Section 3.24.035, relating to Transient Occupancy Tax, to read ' in its entirety as follows: "3.24.035 Tax imposed on Group Meeting Hotel Guests —Use of proceeds. (a) Notwithstanding Section 3.24.030, for the privilege of occupancy in any group meeting hotel as defined in 3.24.020, each transient is subject to, and shall pay a tax in the amount of thirteen and one-half percent (13.5%) of the rent charged by the operator or otherwise payable by the transient. Insofar as the transient is concerned, 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. (b) The additional tax imposed by this section shall be administered and collected in the same manner, and is subject to all of the same definitions, exemptions, rules and regulations as the tax imposed by Section 3.24.030. (c) The tax imposed and collected by this section shall be allocated and paid into the following funds as provided herein: (i.) Seven percent (7%) shall be paid into the Community Promotion , Fund and used in accordance with Section 3.24.310. (ii.) Six and one-half percent (6.5%) shall be paid into the general fund of the City." SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Palm Springs hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. SECTION 5. Effective Date. If passed by the voters at the November 2003 election, this measure shall take effect January 1, 2004. 1003/001/24658 v1