50A - 2004 GEN. MUNICIPIAL ELECT

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8 8 8 Exhibit A THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION 1: Section 35-127(a) of Article V of Chapter 35 of the Santa Ana Municipal Code is hereby amended to read as follows (additions to existing code shown in underline and deletions in strikeout): Sec. 35-127. Tax imposed. (a) For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of nino (9) eleven í.1.U per cent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the city that 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 finance director may require that such tax shall be paid directly to the finance director. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The People of the City of Santa Ana hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: This ordinance shall become effective only upon the approval by a majority of the voters of the City of Santa Ana at the November 2, 2004 general election. Resolution No. 2004-- Page 4 of 4 50A-7