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HomeMy WebLinkAbout2391ORDINANCE NO. 2391 AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2662 OF DIVISION 2 OF PART 6 OF CHAPTER 6 OF ARTICLE II ("THE ADMINISTRATION CODE") OF THE ARCADIA MUNICIPAL CODE INCREASING THE MAXIMUM RATE OF THE CITY'S TRANSIENT OCCUPANCY TAX ("HOTEL TAX") FROM 10% TO 12% (NOTE: Additions are highlighted in bold italics and deletions are highlighted in strikeout) THE PEOPLE OF THE CITY OF ARCADIA DO ORDAIN AS FOLLOWS: SECTION 1. Subject to the approval of a majority of the voters of the City of Arcadia at the General Municipal Election so designated by the City Council in a separate resolution placing the proposal on the ballot for such election, Section 2662 of Division 2 of Part 6 of Chapter 6 of Article II of the Arcadia Municipal Code is hereby amended to read as follows: "PART 6 TRANSIENT OCCUPANCY TAX "2662 -TAX IMPOSED. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the maximum amount of twelve percent (4012%) of the rent charged by �� ^mor to the transient. 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 occupancy. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. The proceeds of this tax are allocated to the City's general fund for governmental expenditures. This chapter maybe repealed or amended by the City Council without a vote of the People of the City of Arcadia. However, as required by California Constitution Article X111C (Proposition 218), voter approval is required for any amendment or provision that would increase the maximum rate or methodology of any tax levied pursuant to this chapter." SECTION 2. The Transient Occupancy Tax set forth herein shall be collected and administered in the manner cet forth in Part 6 of Chapter 6 of Article II of the City of Arcadia Municipal Code. SECTION 3. Pursuant to Article XIIIB of the California Constitution, the appropriation limit for the City of Arcadia will be increased by the maximum projected aggregate collection authorized by the levy of this general tax, as indicated in Section 1, in each of the years covered by this Ordinance plus the amount, if any, by which the appropriation limit is decreased by law as a result of the levy of the general tax set forth in this Ordinance. SECTION 4. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption �f this Section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid. SECTION 5. Pursuant to California Constitution Article XIIIC Section (2)(b) and California Elections Code Section 9217, this Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Arcadia voting at the General Municipal Election to be held on November 8, 2022, and shall become effective as of January 1, 2023. SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 8, 2022, by signing where indicated below. I hereby certify that the foregoing Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Arcadia on the 8t" day of November, 2022. Dated: _ 10 Mayor of the City oArcadia ATTEST: City C rk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney