R-074-16 Calling for the placement of a Special Tax Measure to be held at the November 8, 2016 General Municipal Election

Browse Search

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all special taxes which are imposed, extended or increased must be submitted to the electorate and approved by a two-thirds (2/3) supermajority vote of the qualified electors voting in the election; and WHEREAS, the amendments proposed in the attached ordinance which increase the rate of the TOT constitute a tax "increase" subject to Proposition 218; and WHEREAS, the amendments proposed in the attached ordinance which apply the TOT rate to the total rent charged to a guest for occupancy in a hotel (including any retail markup and other charges imposed through purchase of occupancy through an employer, agent, on-line travel company, or online short term rental company) may also be characterized as an "increase" in the TOT under Proposition 218; and WHEREAS, the City Council desires to submit to the voters at the November 8, 2016 General Municipal Election one ballot proposition, entitled: "Shall the City of Colton increase the Transient Occupancy (Room) Tax rate from 10% to 12.5%, with the extra 2.5% rate increase generating approximately $150,000 annually that will specifically pay for the construction, maintenance and rehabilitation of the City's athletic/recreational fields and related facilities, until ended by voters, and to apply the Tax to all rent charged by hotel operators, including online travel and short term rental companies, for transient occupancy of any hotel room?" WHEREAS, pursuant to Government Code §53724 ("Proposition 62"), a majority of the City Council is required to place the Measure on the November 8, 2016 ballot. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council finds that all of the preceding recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein. SECTION 2. By adoption of Resolution No. R-41-16 on June 7, 2016, the City Council has called and given notice of a General Municipal Election to be held on Tuesday, November 8, 2016 in the City of Colton, County of San Bernardino, for the election of three members of the City Council for a term of four years, a City Clerk for a term of four years, and a City Treasurer for a term of four years. SECTION 3. Submission of Measure. Pursuant to Government Code, §53724 and any other applicable requirements of the laws of the State of California relating to general law cities, the City Council, by a majority vote, hereby orders the ordinance attached hereto as Exhibit "A" and by this reference incorporated herein and made an operative part hereof, to be 2