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ORD 428 ORDINANCE NO. 428 AN ORDINANCE OF THE CITY OF LA QUINT A, CALIFORNIA, VALIDATING, RE-ENACTING AND APPROVING THE CITY'S TRANSIENT OCCUPANCY TAX RATE AND THE DEFINITION OF GROUP HOTELS THE PEOPLE OF THE CITY OF LA QUINTA, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. The People of the City of La Quinta, California, find as follows: (a) In September of 1992, the La Quinta City Council adopted Ordinance No. 211. Section 1 of Ordinance No. 211 amended the first sentence of Municipal Code Section 3.24.030 to increase the rate of the Transient Occupancy Tax to 11 % from 10% for certain group hotels and to maintain the established Transient Occupancy Tax at 10% for all other hotels. Section 2 of Ordinance No. 211 amended Section 3.24.020 (the definitional section of the Transient Occupancy Tax Ordinance) to add Subsection I, which is a definition for "Group Hotels." No other provisions in Municipal Code Sections 3.24.020, 3.24.030 or in Municipal Code Chapter 3.24 (the City's Transient Occupancy Tax Ordinance) were amended by Ordinance No. 211. (b) As adopted in Section 1 of Ordinance No. 211, the first sentence of Municipal Code Section 3.24.030 was amended to read: "For the privilege of occupancy in any Group Hotel or Hotel, each transient is subject to, and shall pay a tax in the amount of eleven (11) percent of the rent charged by the operator or otherwise payable by the transient for Group Hotels and ten percent (10%) for all other Hotel occupancy." As adopted in Section 2 of Ordinance No. 211, Subsection I of Municipal Code Section 3.24.020 was added to read: '''Group Hotel' means any Hotel which has each of the following characteristics: (i) one hundred twenty-five (125) or more rooms; (ii) group meeting space to accommodate fifty (50) or more people; (iii) an on-site sales effort that solicits and/or serves group meetings." (c) In 1986, the State's voters approved Proposition 62 to require voter approval of local general taxes. The City Council did not seek voter approval of Ordinance No. 211 because a number of appeals courts, including the court which ruled in the case of the City of Wood/ake v. Logan, had previously decided that Proposition 62's requirement that general taxes be submitted to a referendum violated the California Constitution and was therefore unenforceable. On December Ordinance No. 428 Validating. Re-Enacting & Approving the City's Transient Occupancy Tax Rate and the Definition of Group Hotels Adopted: December 5, 2006 Page 2 14, 1995, the California Supreme Court disapproved the Wood/ake decision in the case of Santa Clara County Loca/ Transportation Authority v. Guardino. Subsequently, that Court decided Howard Jarvis Taxpayers Association v. City of La Habra, which further suggested that the City should seek voter approval of certain provisions in Ordinance No. 211. The City Council thereafter has proposed this Ordinance to the voters to validate, re-enact and approve the first sentence in Municipal Code Section 3.24.030, as amended by Ordinance No. 211, and Section 2 of Ordinance No. 211, which added Subsection I to Section 3.24.020 of the Municipal Code. SECTION 2. Validation and Re-Enactment of Certain Provisions in Existing Ordinance. The first sentence in Municipal Code Section 3.24.030, as amended by Ordinance No. 211, and Subsection I of Municipal Code Section 3.24.020, as added by Section 2 of Ordinance No. 211, are hereby validated and re-enacted or approved. The full text of these provisions is contained in Section 1, Finding "(b)" above. SECTION 3. Intent. The intent of Section 2 of this Ordinance is to authorize the continued collection of the Transient Occupancy Tax at the rates established in Ordinance No. 211 's amendment to the first sentence of Municipal Code Section 3.24.030, to validate the adoption of that tax rate, to validate taxes previously collected pursuant to Municipal Code Section 3.24.030, and to re-enact the first sentence in Municipal Code Section 3.24.030, as amended by Ordinance No. 211, to authorize the future collection of the tax at the rates established in such sentence. It is the further intent of Section 2 of this Ordinance to validate and re-enact Subsection I of Municipal Code Section 3.24.020, as added by Section 2 of Ordinance No. 211. SECTION 4: Effect of this Ordinance. Other than the first sentence of Municipal Code Section 3.24.030 and Subsection I of Municipal Code Section 3.24.020, this Ordinance does not affect any other provisions in Municipal Code Chapter No. 3.24. SECTION 5: Severability. If any section, subsection, sentence, clause phrase or portion of this Ordinance, or any section, subsection, sentence, clause phrase or portion of Ordinance No. 211 that are validated or re-enacted by this Ordinance, is for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining portions of this Ordinance and Ordinance No. 211 shall nonetheless remain in full force and effect. The People of the City of La Quinta, California, hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, and each section, subsection, sentence, clause phrase or portion of Ordinance No. 211 that Ordinance No. 428 Validating. Re-Enacting & Approving the City's Transient Occupancy Tax Rate and the Definition of Group Hotels Adopted: December 5. 2006 Page 3 are validated or re-enacted by this Ordinance, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance, and Ordinance No. 211 that are validated or re-enacted by this Ordinance, be declared invalid or unenforceable. SECTION 6. Effective Date. This Ordinance shall go into effect ten (10) days after the date on which the election results are declared by the City Council. SECTION 7. Codification. Upon the Effective Date of this Ordinance, the City Clerk, in consultation with the City Attorney, is hereby authorized and directed to codify this Ordinance in the City's Municipal Code. SECTION 8. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the voters of the City of La Guinta by signing where indicated below. I hereby certify that the foregoing Ordinance was PASSED, APPROVED, and ADOPTED by the People of the City of La Quinta, California, voting on the 7th day of November, 2006. (1.;D~ City of La Guinta, California VERONICA JOT CINO, CMC, City Clerk City of La Guinta, California (CITY SEAL) APPROVED AS TO FORM: Ordinance No. 428 Validating, Re-Enacting & Approving the City's Transient Occupancy Tax Rate and the Definition of Group Hotels Adopted: December 5. 2006 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA GUINTA ) I, VERONICA J. MONTECINO, City Clerk of the City of La Guinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 428. I further certify that the foregoing Ordinance was posted in three places within the City of La Guinta as specified in City Council Resolution 98-109. ERONICA J. M TE INO, CMC, City Clerk City of La Guinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Guinta, California, do hereby certify that the foregoing ordinance was posted on- ~/' . /~ Pla/h pursuant to Council Resolution. ..;.. - := .; > VERONICA J. TECINO, CMC, City Clerk City of La Guinta, California