HomeMy WebLinkAbout2005 068 CC RESO2005 068 CC RESO @äÚyÿ Š Aèô RESOLUTION NO. 2005-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, ORDERING THE PLACEMENT
OF A MEASURE FOR THE SUBMISSION TO THE VOTERS A
QUESTION RELATING TO AN INCREASE TO THE CITY'S
TRANSIENT OCCUPANCY TAX
WHEREAS, on July 6, 2005, the City Council of the City of Baldwin Park adopted
Resolution No. 2005-042 Calling and Giving Notice and ordered to be held a General Municipal
Election in the City on November 8, 2005; and
WHEREAS, on July 6, 2005, the City Council of the City of Baldwin Park adopted
Resolution No. 2005-043 requesting the Board of Supervisors of the
County of Los Angeles to consolidate a General Municipal Election to be held on November 8,
2005, with the County's Uniform District Election UDEL School Election) pursuant to 10403
of the Elections Code; and
WHEREAS, the City Council desires to submit to the voters at the election a question
relating to an increase to the City's Transient Occupancy Tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of the laws of the state of California
relating to General Law Cities and in accordance with Resolution No. 2005-042, an election
has been called and ordered to be held in the City of Baldwin Park, California, on Tuesday,
November 8, 2005.
Section 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question:
MEASURE
SHALL THE CITY OF BALDWIN PARK'S TRANSIENT YES
OCCUPANCY TAX, WHICH IS LEVIED FOR THE
PRIVILEGE OF OCCUPANCY IN ANY HOTEL OR MOTEL,
BE INCREASED FROM TEN PERCENT 10%) TO ELEVEN
PERCENT 11%) AS OF JANUARY 1, 2006; AND BE NO
INCREASED FROM ELEVEN PERCENT 11%) TO TWELVE
PERCENT 12%) AS OF JANUARY 1, 2008?
Section 3. That the requirement for passage of the measure shall be the majority of the
votes cast.
2005 068 CC RESO @äÚyÿ Š Aèô Resolution No. 2005-068
Page 2
Section 4. That the proposed complete text of the measure Ordinance) submitted to
the voters is attached as Exhibit A".
Section 5. That in all particulars not recited in this resolution, the election shall be held
and conducted in accordance with Resolution Nos. 2005-042, Resolution No. 2005-043 and as
provided by law for holding municipal elections.
Section 6. That notice of the placement of this measure on the ballot is hereby given
and the City Clerk is authorized, instructed and directed to give further or additional notice of
this action in time, form and manner as required by law.
Section 7. That the City Clerk is hereby directed to file a certified copy of this resolution
as follows:
L.A. Co. Board of Supervisors L.A. Co. Registrar-Recorder/County Clerk
Violet Varona-Lukens, Executive Officer Election Coordination Section
Room 383 Kenneth Hahn Hall of Administration 3rd Floor, Room 3207
500 West Temple Street 12400 E. Imperial Hwy.
Los Angeles, CA 90012 Norwalk, CA 90650
Section 8. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this 20th day of July, 2005
4
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2005 068 CC RESO @äÚyÿ Š Aèô
Resolution No. 2005-068
Page 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Resolution was duly and regularly approved and adopted
by the City Council of the City of Baldwin Park at its regular meeting of July 20, 2005 by the
following vote:
AYES: COUNCILMEMBERS: Marlen Garcia, David J. Olivas, Bill Van
Cleave, Mayor Pro Tern Ricardo
Pacheco and Mayor Manuel Lozano
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ROSEMAR M. EZ, CMC
CHIEF DEPUTY CITY CLERK
2005 068 CC RESO @äÚyÿ Š Aèô Resolution No. 2005-068
Page 4
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE PEOPLE OF THE CITY OF BALDWIN
PARK, CALIFORNIA, TO INCREASE THE TRANSIENT
OCCUPANCY TAX FROM 10% TO 11% COMMENCING
JANUARY 1, 2006 AND TO 12% COMMENCING JANUARY 1,
2008 BY AMENDING SECTION 35.062 OF THE BALDWIN PARK
MUNICIPAL CODE
WHEREAS, at the General Municipal Election held November 8, 2005, the majority of
the electors of the City of Baldwin Park approved Measure B pertaining to increasing the
Transient Occupancy Tax within the City of Baldwin Park.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF BALDWIN PARK DO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That Section 35.062 of the Baldwin Park Municipal Code is hereby
amended in its entirety to read as follows:
35.062. IMPOSITION
For the privilege of occupancy in any hotel, each transient is subject to and shall pay i)
until January 1, 2006, a tax in the amount of 10% of the rent charged by the operator, ii)
commencing January 1, 2006, a tax in the amount of 11% of the rent charged by the
operator and iii) commencing January 1, 2008, a tax in the amount of 12% of the rent
charged by the operator. The 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 Tax Administrator may
require that the tax shall be paid directly to the Tax Administrator.
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