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HomeMy WebLinkAboutCC Ord 1541 2006-03-28 ORDINANCE NUMBER 1541 I AN ORDINANCE OF THE CITY OF SEAL BEACH INCREASING THE CITY'S TRANSIENT OCCUPANCY TAX, REVISING THE HOTEL VISITOR TAX (TRANSIENT OCCUPANCY TAX) ORDINANCE AND AMENDING TITLE 4 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX THE PEOPLE OF THE CITY OF SEAL BEACH DO ORDAIN AS FOLLOWS: Section 1. Increase of Tax. 9 4.35.010 of the Seal Beach Municipal Code is hereby amended to read as follows: "9 4.35.010 Imposition. A. Rate. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of 12% of the rent charged by the operator." I Section 2. Amendment and ReDeal. Notwithstanding California Elections Code Section 9217, without a vote of the people, the Seal Beach City Council may do any of the following: (i) repeal this Ordinance; (ii) reduce the rate of the transient occupancy tax below twelve percent (12%); (iii) increase the rate of the transient occupancy tax to twelve percent (12%) if it previously has been reduced below such rate; or (iv) amend the Transient Occupancy Tax Ordinance in any other manner that does not increase the rate of the transient occupancy tax in excess of twelve percent (12%). In no event shall the Seal Beach City Council increase the rate of the transient occupancy tax in excess of twelve percent (12%) without approval by a majority of voters voting in an election on the increase. Section 3. Findinas and Intent. A. This Ordinance was proposed by the Seal Beach City Council through the adoption of Resolution Number 5389 by the affirmative votes of not less than four of its members as required by California Government Code Section 53724(b). B. Section 1 of this Ordinance is intended to increase the transient occupancy tax to a rate of twelve percent (12%) and thereby authorize future collections of the tax at such rate. Section 4. Seve ra bilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The people of the City of Seal Beach hereby declare that they would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. I Section 5. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance by signing where indicated below. I hereby certify that the foregoing ordinance was PASSED, APPROVED and ADOPTED by the people of the City of Seal Beach voting on the 28th day of March , 2006 ~~X;- Charles Antos, Mayor Attest: PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ~l~l \~ all i the year 2006. Proof of Publication of ............................................... ............................................... .~iS!U:~M'AfR~Y~':':.U;;"ir~:;)' '.'j.; ;.~oaDII\fANcl; NU"'BER,>1541: - . "li'INCREASE TRANSIENT-' .: .}J)CCUP.ANQ:y,:t~:.:.AMEND i . .MUNICIP.AL'CODEmu'4'j,. ~Q..~1~'9t!f:'~~i~d"'t'j'r~~;,. ~.l : ,;', dQr~lfI.~ncli.:NulTiber~.::f54:1.., '::amefit!S~ ~ ~:tv1un~ c:g~.l'J&..t,~~.O~iO..:tQ" r,ea~ . '. ,"~':-"'" .'A. Ralli..F.6i', the PJ1V:-. \llIegl!:pf.o~up~l':lC:y.in:I!t1"Ylhote( , .:.-!lach ;tl'!lrslenJ..Il!,s~.bJ891 to Iind. r,shall' pay.a' lilX.I",. t1ie' i1rn5unt of .) . t~ i!'l!o. of, .thlt. relit. charged"by.lhe 'j :'opera~or.' ':Ofdlr\anccNJilmber_ ;~ ~hY~. aClop!ed !JY.lh&,voter's '. ,..on;~~rch ~8,:~(lli6 ii!iicf(tie .citY: ' 1..qouncll'l!er,tll,ed.:ths1elecllon. ' : r?SUI~ ,P.q."p~I'1! .2Q~6; ::' .:, ...' f ....: CopIes of'Oi'd'nanCe:Numb~r I ,:154'!~re available liom.lhc;j of11c8 j - oHhe.CI~'Clerk, CltY:PlaU' 21'11-,;; . 8th Street, SeiiJ Beach' ..' .' t '-'(56'2).4:31-2527:" . '..;,!llll!~~~." , ~v.DATE~:]'I!IIS!:5ttmlay' t6fl'Aprli - 2006.~-" - "".' " r C1ri~~:~lri~~'6iiY"'clfjk.i. .' .! .: . ;C~Of'Se81 Beach- ,... _ ," ...t 'f" \VIi~In"-"-"'''~(':'' 11 '. .u. .lilt au' tIl8 S8liI Beacn Sun' I .'~4I;1~:j.i')f.:1~:,P'm:r; , .- i . :1 h. fiOI!l'!F ,,}':'W \-'; '" .:_~ -.. ' i I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beac ! CA'L . s \?J day of \ ,2006. Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I ~. __;."~;:.t ......~... ...~ '+l' '~\,. ';'-<f/ \ . . .~~:\ f - -' ',."'\ n; ",'.i i~ ."~'::7'p\ '_.'~'. ~ . .....,- ~...~. . --,.,". " . . \,t ,.~...",,'l.:..' '\ ~~ .':, . '" .,~ '." .." " .~,.; ~V(. .~:~{",~.-.( "....-.. "f:.I,..'" . ....~ ~L~~~