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HomeMy WebLinkAboutCC RES 18-51RESOLUTION NO. 18-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A MEASURE RELATING TO TRANSIENT OCCUPANCY TAX AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, AS CALLED BY RESOLUTION NO. 18-37 WHEREAS, a General election on Tuesday, November 6, 2018 has been called by Resolution No. 18-37, adopted on May 15, 2018; and WHEREAS, the City Council also desires to submit to the voters at the same election a question relating to the Transient Occupancy Tax (the "Measure"); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. 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 the measure to provide police, fire, emergency medical and rescue protection, to prevent fires and power outages, to maintain parks and YES roads, and to provide other local services and improvements in the community by raising the transient occupancy tax (paid by short-term hotel and other guests) from 10% to 13% until ended by voters, providing approximately $480,000 annually, with audits, all funds only for Tustin, be adopted? NO SECTION 2. That the complete text of the measure is attached as Exhibit A. SECTION 3. That the vote requirement for the measure to pass is a majority (50% + 1) be adopted is 50%+1 of the votes cast. SECTION 4. 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 5. 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 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Resolution No. 18-51 Page 1 of 2 SECTION 7. The City Council authorizes the City Clerk to pay all reasonable and actual election expenses upon presentation of a properly submitted bill. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 17th day of July, 2018. ELWYN A MURRAY, Mayor ATTEST: L,a&,,. 11 - ERICA N. YASUOA, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, ERICA N. YASUDA, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 18-51 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of July, 2018, by the following vote: COUNCILMEMBER AYES: Murray, Gomez, Bernstein, Clark (4) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: Puckett (1) ERICA N. YASIJqA, City Clerk Resolution No. 18-51 Page 2of2 EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING SECTION 2703 OF THE TUSTIN CITY CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX WHEREAS, a measure to increase the transient occupancy tax was put before the voters at a general municipal election held on November 6, 2018; and WHEREAS, the measure received the requisite votes for adoption; and NOW, THEREFORE, the people of the City of Tustin do ordain as follows: Section 1. Section 2703 of the Tustin City Code, entitled "Tax Imposed" is amended to provide as follows: "For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of thirteen percent (13%) of the rent charged by the operator. The tax constitutes a debt owned 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 ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the City Treasurer may require that such tax shall be paid directly to the City Treasurer." Resolution No. 18-51 Exhibit A