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HomeMy WebLinkAboutNS-2654 - Calling for and Giving Notice of a General Municipal Election to be Held in City of Santa Ana on November 2, 2004 for the Election of Certain Officers as Required by Provisions of the City Charter... . . . ORDINANCE NO. NS-2654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 2,2004 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO AN INCREASE IN THE RATE OF THE HOTEL VISITORS' TAX. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares that under provisions of the Charter of the City of Santa Ana, a General Municipal Election shall be held on November 2, 2004 for the election of municipal officers. SECTION 2: That pursuant to the requirements of the Charter, there is called and ordered to be held in the City of Santa Ana, California, on Tuesday, November 2, 2004, a General Municipal Election for the purpose of electing a Mayor for the full term of two years; and Members of Wards 1, 3,and 5 of the City Council for the full term of four years each. SECTION 3: That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: Yes Shall the Hotel Visitors' Tax, paid by persons staying in Santa Ana hotels and motels, be increased No from 9% to 11 % to help preserve City services? SECTION 4: That the proposed complete text of the ordinance submitted to the voters is attached as Exhibit A. SE.CTION 5: The said General Municipal Election shall be conducted in accordance with the Elections Code of the State of California, and the Clerk of the Council is hereby authorized and directed to take all actions necessary or appropriate with respect thereto, except to the extent such actions may be undertaken by the Ordinance No. NS-2654 Page 1 of 3 Registrar of Voters or the County of Orange upon consolidation of the said general municipal election with the statewide general election. SECTION 6: That the notice of the time and place of holding said General Municipal Election is hereby given, and the clerk of the Council is hereby authorized and directed to give such additional notice thereof as required by law. ADOPTED this 6th day of .Jb!!y, 2004 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney /' , By: ,~ Michael Viglio a . Deputy City Attorney AYES: NOES: Council members: Alvarez. Bist. Christv. Franklin. Garcia, Solorio (6) Council members: None (0) ABSENT: Council members: Pulido (1) None (0) ABSTAIN: Council members: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2654 to be the original ordinance adopted by the City Council of the City of Santa Ana on Julv 6. 2004, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 7/7,/01' ~o~n~1 City of Santa Ana Ordinance No. NS-2654 Page 2 of3 . . . 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 f1ffie..i9t- eleven í11.2 per cent of the rent charged I 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. Ordinance No. NS-2654 Page 3 of 3