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ORD 202ORDINANCE NO. 202 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 3.24.050 OF THE LA QUINTA MUNICIPAL CODE TO REQUIRE OPERATORS TO PLACE TRANSIENT OCCUPANCY TAX COLLECTIONS IN A SEPARATE BANK ACCOUNT IN TRUST FOR THE CITY OR TO GUARANTEE PAYMENT OF TRANSIENT OCCUPANCY TAXES COLLECTED BY POSTING A BOND WHEREAS, Section 3.24.050 of the La Quinta Municipal Code required that all transient occupancy taxes collected by operators are to be held in trust for the account of the City until payment of such taxes is made to the tax administrator; and WHEREAS, transient occupancy taxes are a primary source of revenues to the City of La Quinta, without which the programs and operations of the City would be seriously impaired; and WHEREAS, certain operators in the City may be subject to financial difficulties, including bankruptcy, which is a serious potential detriment to the City's collection of transient occupancy taxes from such operators; and WHEREAS, any potential inability of the City to obtain from operators the transient occupancy taxes collected by operators on behalf of the City poses a serious threat to the public health, safety, and general welfare of the City in that it places in jeopardy the funding of City operations and programs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: Section 1. The following sentence shall be added as the last sentence to Section 3.24.050 of the La Quinta Municipal Code as follows: All taxes collected by o chapter shall be held in trust for the benefit of thereof is made to the t lieu of such separate ba post a bond guaranteeing equal to two (2) months tax administrator. Aerators pursuant to this a separate bank account in the City until payment ax administrator, or in nk account an operator may payment of such taxes, tax as determined by the ordinance No. 202 motion 2. The City Council finds and determines that there is a current and immediate threat to the public health, safety, and general welfare for the reasons demonstrated by the recital above that requires this urgency ordinance be enacted as provided herein. Section 3. This ordinance is hereby declared an urgency measure and shall take effect on February 18, 1992. Section 4. The City of La Quinta shall certify to the passage and adoption of this ordinance and shall cause the same to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 18th day of February, 1992 by the following vote: AYES: NOES: ABSENT: Councilmembers Bohnenberger, Franklin, Rushworth Sniff & Mayor Pena None None ABSTAIN: None AT ST: UNDRA L. JUHOtA, City Clerk, City of La Quinta, California APPROVED AS TO FORM: �l DAWN HONEYWELL, ity Attorney STRADLING, YOCCA, CARLSON & RAUTH Pic Q P-4 j JO PENA, Mayor City of La Quinta, California 02/04/92 9360u/2588/000 -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. 202 which was introduced and adopted on the 18th day of February 1992 as an urgency measure. Said ordinance also had a second reading on the 2nd day of March, 1992. I further certify that the foregoing (3) places within the City of La re o ution of the City Council. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California ordinance was posted in three Quinta as specified in a DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk California, do hereby certify that po ed on February 26, 1992 pursuant SAUNDRA L. JUH A, City Clerk City of La Quinta, Californial of the city of La Quinta, the foregoing Ordinance was to City Council Resolution.