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HomeMy WebLinkAboutRESOLUTIONS - 12191995 - 95-62 RECEIVED RESOLUTION NO. 95-62 EDEC 1995 { A RESOLUTION CALLING A MUNICIPAL ELECTION LERK BOARD OF SUP=Rviso : CONTRA COSTA�� WALNUT CREEK ON MARCH 26, 1996,AND REQUEST "---- ' VOTERS TO AUTHORIZE THE CITY COUNCIL TO INCREASE THE TRANSIENT OCCUPANCY TAX TO A MAXIMUM OF 12% The City Council of the City of Walnut Creek does resolve as follows: Section 1. Calling of a Municipal Election. Pursuant to Government Code §53724, a municipal election is hereby called for March 26, 1996, which shall be consolidated with the statewide primary election. Section 2. General Tax Increase. Pursuant to Government Code §53723, the voters at the municipal election shall,be asked to approve increasing the existing 8.5%transient occupancy tax to a maximum of 12%. The existing transient occupancy tax(commonly known as the hotel-motel tax)is imposed at the rate of 8.5% of the hotel room rent. The hotel occupant is liable for the tax which is paid to the operator of the hotel. The tax receipts are collected quarterly by the City from the operator. The voters are being asked to increase the maximum rate to 12%. Section 3. Proposed to the Voters. Pursuant to Government Code §53724(b), the City Council hereby submits the ordinance entitled "City of Walnut Creek Ordinance Increasing the Transient Occupancy Tax (Hotel-Motel Tax)" to the voters of Walnut Creek at the municipal election to be held on March 26, 1996. The text of this proposed ordinance is fully set forth in Exhibit 1 attached hereto and incorporated herein by this reference. Section 4. Form of the Question. The question to be used for voting on this measure shall contain the following statement and question: "Shall the ordinance increasing the Transient Occupancy Tax (Hotel-Motel Tax)to a maximum of 12%be approved?" Section 5. Consolidation of Election. Pursuant to Government Code §53724(c) and Elections Code §10403, the Board,of Supervisors is requested to:consolidate the municipal election called by this resolution with the statewide election held on-the same date. .; E ' ct� ion 6. Services of County Clerk Requested. Pursuant to Elections Code §10002 the Contra Costa County Board of Supervisors is requested to permit the County Clerk to render specified services to the City of Walnut Creek. Those services shall be those requested by the City Clerk, which shall include, but not be limited to: a. Consolidation of precincts b. Recruitment of election officers c. Recruitment of polling places d. Appointment of election officers and polling places e. Printing and mailing of sample ballots f. Data processing services g. Canvass of returns The City shall reimburse the County for services performed. The City Clerk is hereby directed to forward a certified copy of this resolution to the Board of Supervisors and to the County Clerk. Section 8. City Clerk The City Clerk is hereby authorized and directed to do all things necessary and proper to implement this resolution and conduct the election called by this resolution. Section 9. Proposition 62. This is a resolution proposing the imposition of a general tax within the meaning of Government Code §53720 et seq. (Proposition 62), and therefore this resolution shall not take effect unless approved by four votes of the City Council. PASSED AND ADOPTED BY THE City Council of the City of Walnut Creek at a regular meeting thereof held on the 17th day of October 1995, by the following called vote: AYES: Councilmembers: Regalia, Hicks, Wolfe, Beagley NOES: Councilmembers: Mayor Dimmick ABSENT: Councilmembers: None /s/ Ed Dimmick Mayor of the City of Walnut Creek ATTEST: /s/ Barbara M. Rivara City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 17th day of October 1995. %%J111+1uu1,, AI,,,.�OF VJ A! 4�FQ*. s City Clerk of the City of Walr t Creek. 21, 1914 Exxzaz�. i . ORDINANCE NO. A CITY OF WALNUT CREEK ORDINANCE INCRF_ASING THE TRANSIENT OCCUPANCY TAX(HOTEL-MOTEL TAX) The People of the City of Walnut Creek do ordain as follows: Section L Section 8-3.03 of the Municipal Code is hereby amended to read as follows: Sec 8-3.05. Motel-Motel Tax Imposed. For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax which shall be calculated as a per- centage of the rent charged by the operator. From the date of November 1. 1984 to and includ: June 30, 1996. the tax shall be eight and one4ialf(8.5)percent off the rent charged by the operator. From the dated of July 1. 1996, the tax shall be ten(10)percent of the rent charged by the operator. The City Council without further votes approval may increase the tax to a maximum of twelve (12)percent Such tax shall constitute a debt owed by the transient to the City, which debt shall be extinguished only by payment to the operator or to the City. The transient shgcr� the tax to the operator of the hotel at the time the rent is the rent is jmd 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 laid to the operator of the hotel, the Director of Finance may require that such tax shall be paid directly to the Director of Finance.