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Resolution 2000-54 . . RESOLUTION NO. 2000-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A SPECIAL MUNICIPAL ELECTION ON NOVEMBER 7, 2000, FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO AN INCREASE IN THE TRANSIENT OCCUPANCY TAX RATE FROM 9% TO 10%, REQUESTING CONSOLIDATION WITH THE GENERAL ELECTION, AND REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS WHEREAS, pursuant to the California Elections Code, the City Council desires to hold a special election on November 7, 2000 for the purpose of submitting a ballot measure to the voters relating to an increase in the existing Transient Occupancy Tax rate; and WHEREAS, pursuant to California Elections Code section 9222, the City Council desires to submit to the qualified electors of the City a ballot measure deciding whether an ordinance shall be adopted to increase the rate of a general tax in the City, namely, the Transient Occupancy Tax; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council hereby calls a special municipal election to be held in the City of Gilroy, California, in consolidation with the general election on November 7, 2000, and requests the services of the Registrar of Voters of the County of Santa Clara. Section 2. Pursuant to California Elections Code section 9222, the City Council hereby orders that the following question shall be submitted to the qualified electors of the City of Gilroy at the special election: Measure A: Transient Occupancy Tax "Shall the ordinance of the City of Gilroy authorizing the increase in the rate of the City's existing Transient Occupancy Tax from 9% to 10% be approved? Yes 0 No. 0 Section 3. The proposed ordinance for the above-referenced Measure shall be in the form attached hereto as Attachment 1, and it is hereby incorporated by reference into this Resolution. Section 4. The ballots to be used at the special election shall be in the form and content as required by law. The Measure shall be designated as Measures A on the ballots, unless it must be otherwise be designated to accommodate the consolidation of the City's special election with the general election. VH\488373.2 01-080804706002 -1- RESOLUTION NO. 2000-54 . . Section 5. The City Clerk is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 6. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 1440 I ofthe Elections Code. Section 7, In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 8. 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 9. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED AND ADOPTED this 7ili day of August, 2000 by the following vote: AYES: COUNCIL MEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER NONE NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: NONE APPROVED: ---n; ~ L-v Thomas W. Springer, Ma r ~, ATTEST: ~L~ Rhonda Pellin, CIty Clerk 00\488373.2 01-080804706002 -2- RESOLUTION NO. 2000-54 . . Attachment "1 ORDINANCE NO. 2000-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 25A.2 OF THE GILROY CITY CODE CONCERNING AN INCREASE IN THE EXISTING TAX RATE ON TRANSIENT OCCUPANCY THE PEOPLE OF THE CITY OF GILROY DO ORDAIN AS FOLLOWS: SECTION I Section 25A.2 of the Gilroy City Code is hereby amended by deleting Section 25A.2 entitled "Tax imposed" in its entirety and adding a new Section 25A.2 entitled "Tax imposed" to read as follows: "Sec. 25A.2. Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent (10%) of the rent charged by the operator. 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. 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's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the director of finance may require such tax shall be paid directly to the director of finance." SECTION II The qualified voters of the City of Gilroy reserve the right to change the general tax herein enacted and imposed by this Ordinance. The City Council may modify this Ordinance without a vote of the people but not to increase the tax rate or to expand the application of said tax. SECTION III This Ordinance, being for the increase of a general tax, shall be submitted to a vote of the people at the City's special election scheduled for November 7, 2000. This Ordinance shall become valid and binding if a majority of the voters voting thereon vote in its favor at said election and shall be effective on the date that the City Council certifies the results of said election. If the provisions of Government Code Sections 53720 et sea. or Article XIIIC of the California Constitution are duly repealed or amended, or interpreted by the courts so that a vote of the people is not required for enactment of this Ordinance, then this Ordinance shall take effect as provided for all other City ordinances and may be amended in the same marmer as all other City ordinances. \JH\486235,1 01-071004706002 -1- Ordinance No. 2000- Ordinance No. 2000- . . SECTION IV If any section, subsection, part, clause, sentence or phrase of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Ordinance, the application thereof, and the general taxes imposed shall not be affected thereby but shall remain in full force and effect, it being the intention of the voters to adopt each and every section, subsection, part, clause, sentence or phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional. SECTION V This Ordinance shall be in full force and shall take effect as provided by law. SECTION VI The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City's special election on November 7, 2000, approve the proposition asking whether the voters approve this Ordinance. PASSED AND APPROVED this _ day of November 2000. Thomas W. Springer, Mayor City of Gilroy ATTEST: Rhonda Pellin, City Clerk \JHI486235.1 01-071004706002 -2- . . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2000-54 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of August, 2000, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 9th day of August, 2000. L<-{2 City lerk of the City of Gilroy (Seal)