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ORD 191ORDINANCE NO. 191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.24, SECTION 3.24.030 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX WHEREAS, Chapter 3.24 of the La Quinta Municipal Code provides for a transient occupancy tax in the amount of nine percent of the rent charged; and WHEREAS, the City Council of the City of La Quinta desires to increase the transient occupancy tax rate to ten percent. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 3, Chapter 3.24, Section 3.24.030 of the La Quinta Municipal Code is hereby amended to read as follows: "3.24.030 Tax Imposed. For the privilege of occupancy in any hotel, each transient is subject to, and shall pay a tax in the amount I� of ten percent of the rent charged by the operator or otherwise payable by the transient. Insofar as the transient is concerned, the tax constitutes a debt owned by the transient to the operator or to the city. For the purposes of this section, the rent deemed payable on account of time-share occupancy by a transient shall be the rental value of the unit or room(s) which accommodated the occupancy, which rental value shall be computed by determining the pro rata share of the total purchase price of the time-share right or entitlement (whether or not involving an estate or any ownership in real property), which share is allocable to the period of transient occupancy currently involved, and adding thereto the total applicable operating costs including, but not limited to, the applicable real and personal property taxes, plus the total amount of any and all fees, assessments, charges and expenses (not including the previously referred to taxes) charged by the operator as attributable to the time-share occupancy of the transient by whatever name the fees, assessments, charges or expenses may be denominated, whether "occupying fee," Ordinance No. 191 "maintenance or operations charge," "per diem fee," "management fee" or like name or otherwise. In making the computation referred to above the pro rata share of the total purchase price, in any case wherein the time-share right or entitlement is in perpetuity or for life or otherwise not for a definite or ascertainable term. Such pro ration shall be made upon an assumed term of forty years." SECTION 2. This ordinance shall be effective thirty (30) days from and after the date of its adoption. PASSED, APPROVED and ADOPTED this 3rd day of September , 1991 by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth and Mayor Pena NOES: Council Member Sniff ABSTAIN: None ABSENT: None JOHN PEN Ma*Pr ATTEST: L. JUHOI�<, City Clerk APPROVED AS TO FORM STRADLING, YOCCA, CARL ON & RAU H, City Attorney 6097u/2588/00 - 2 - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 190 which was introduced on the 2nd day of July, 1991 and was adopted at a regular meeting held on the 16th day of July, 1991 not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within the City of La Quinta as specified in a resolution of the City Council. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was ;SAUNDRA o ed on July 24, 1991 pursuant to City Council Resolution. L. JUH LA, City Clerk City of La Quinta, California