HomeMy WebLinkAboutOrdinance #2974 ORDINANCE NO. 2974
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING THE CITY'S
TRANSIENT OCCUPANCY TAX ORDINANCE TO PROVIDE
A CREDIT FOR THE PAYMENT OF TRANSIENT OCCUPANCY
TAXES TO THE HUNTINGTON BEACH REDEVELOPMENT AGENCY.
WHEREAS, California Revenue and Taxation Code Section
7280 .5 permits the redevelopment agency of any city which has
levied a transient occupancy tax pursuant to Section 7280 to
adopt an ordinance levying a transient occupancy tax if the
city 's ordinance entitles any person subject to the tax under
the city' s ordinance to credit the amount of taxes due to the
agency against the payment of taxes due under the city ' s
ordinance; and
The Huntington Beach Redevelopment Agency ( "Agency" )
desires to receive a portion of the transient occupancy taxes
generated by hotels, inns, tourist homes or houses, motels, and
other lodgings located within a portion of the Main-Pier
Redevelopment Project Area to the extent necessary to enable the
Agency to timely satisfy its payment obligations under that
certain Disposition and Development Agreement ( "DDA" ) dated
August 15, 1988, by and between the Agency and RLM Properties,
Ltd. ( "Developer" ) ; and
The City Council desires to facilitate the
implementation of the Redevelopment Plan for the Main-Pier
Redevelopment Project Area and the Agency's ability to perform
its payment obligations under the DDA by providing that persons
subject to the City' s transient occupancy tax ordinance in the
portion of the Main-Pier Redevelopment Project Area designated
-1- 2974
I
herein shall be entitled to a credit against the payment of
taxes due under the City's ordinance in the amount of the
transient occupancy taxes due to the Agency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS:
Section 1. A new Section 3 .28 .170 is hereby added to
the Huntington Beach Ordinance Code to read in its entirety as
follows
3 .28 .170 . Credit for Transient Occupancy Taxes Paid to
Huntington Beach Redevelopment Agency. Any person or
persons subject to the transient occupancy tax under
this Ordinance shall be entitled to a credit against
the payment of such taxes due in the amount of any
transient occupancy taxes due from that person or
persons to the Huntington Beach Redevelopment
Agency( "Agency" ) pursuant to Ordinance No. 1, adopted
by the Agency on October 24, 1988, which affects any
persons occupying a room or rooms in any hotels, inns,
tourist homes or houses, motels, or other lodging
within that portion of the Main-Pier Redevelopment
Project Area bounded on the south by Pacific Coast
Highway, on the west by Huntington Street, on the north
by the proposed alignment for the future extension of
Walnut Avenue) as shown on the City's Precise Plan of
Alignment adopted prior to this Ordinance) , and on the
east by Beach Boulevard.
Section 2 . Section 1 above shall automatically
terminate and be of no further force and effect on the date that
-2- 2974
the entire Agency indebtedness set forth in Attachment No. 5 to
the DDA is paid in full or, as to Paragraph 4 only, the date
that any unpaid balance is forgiven and discharged as provided
therein.
Section 3 . The purpose of this Ordinance is to assist
the Agency in implementing the Redevelopment Plan for the
Main-Pier Redevelopment Project Area by providing an additional
source of revenue to the Agency to satisfy its payment
obligations to the Developer under the DDA. Accordingly, to the
extent that after the operative date of this Ordinance the
Agency collects any transient occupancy taxes not required to
enable the Agency to timely make such payments to the Developer,
the excess amount shall promptly be paid to the City.
Section 4 . Pursuant to California Revenue and Taxation
Code Section 7280 .5 (d) and Attachment No . 5 to the DDA, this
Ordinance may not be amended, modified, or repealed prior to the
termination date set forth in Section 2 in a manner that
jeopardizes or impairs the Developer 's rights under the DDA
without the prior written consent of the Developer (including
all permitted successors and assigns of RLM Properties, Ltd. 's
right under the DDA to any of the payments required to be made
thereunder) .
Section 5. If any provision of this Ordinance or the
application thereof to any person or circumstance is held
invalid, the remainder of the ordinance and the application of
such provision to other persons or circumstances shall not be
affected thereby.
Section 6. The City Clerk shall attest to the adoption
-3- 2974
of this Ordinance and the same shall be published in accordance
with law.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th
day of November , 1988 .
�.�ayor
ATTEST: APPROVED AS TO FORM:
•
City Clerk r--City Attorney
R EWED` D APP VED: IN TIA D AND APPROVED:
C y Administrator Di e for of Economic
De lopment
-4- 2974
Ord. No. 2974
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly appointed, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 24th day of October
19 88 , and was again read to said City Council at a regular
meeting thereof held on the 7th day of November , 19 88 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Kelly, Green, Finley Erskine, Mays, Winchell
NOES: Councilmembers:
Bannister
ABSENT: Councilmembers:
Nnna
t, Connie Brockway, CITY Clerk of the City of
Hunt on Rah aW ex-officlo Clerk of the City
Grx 0 !w, "owft that a synopsis of this •
or,n-1 s bw pd)NdW i tlhe 4y Pilot on
,19 9 `'
�.:.�:., i;i-ty Clerk and ex-officio Clerk
Pal
of the City Council of the City
QM* MM of Huntington Beach, California
ulwcwk
2974
ORDINANCE NO. 1
AN ORDINANCE OF THE HUNTINGTON BEACH REDEVELOPMENT
AGENCY LEVYING A TAX ON THE PRIVILEGE OF OCCUPYING
A ROOM OR ROOMS IN A HOTEL , INN, TOURIST HOME OR HOUSE,
MOTEL, OR OTHER LODGING LOCATED ON CERTAIN DESIGNATED
PROPERTY WITHIN THE MAIN-PIER REDEVELOPMENT PROJECT AREA
WHEREAS, California Revenue and Taxation Code Section
7280 . 5 permits the redevelopment agency of any city which has
levied a transient occupancy tax pursuant to Section 7280 to
adopt an ordinance levying a transient occupancy tax if the
city' s ordinance entitles any person subject to the tax under
the city ' s ordinance to credit the amount of taxes due to the
agency against the payment of taxes due under the city ' s
-o-rdinance; and
The City Council of the City of Huntington Beach ( "City" )
has adopted a transient occupancy tax ordinance consistent with
the provisions of Revenue and Taxation Code Section 7280 and
7280 .5; and
In Accordance with that certain Disposition and Development
Agreement dated August 15 , 1988 ( "DDA" ) , by and between the
Huntington Beach Redevelopment Agency ( "Agency" ) and RLM
Properties, Ltd. ( "Developer" ) , the Agency desires to levy a
transient occupancy tax to be applicable to the privilege of
occupying a room or rooms in a hotel , inn, tourist home or
house, motel, or other lodging located on that certain real
property designated herein;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS:
Section 1. LEVY OF TRANSIENT OCCUPANCY TAX . The Agency
hereby levies a tax on the privilege of occupying a room or
rooms in a hotel, inn, tourist home or house, motel, or other
lodging located within that portion of the Main-Pier
Redevelopment Project Area bounded on the south by Pacific Coast
Highway, on the west by Huntington Street, on the north by the
proposed alignment for the future extension of Walnut Avenue (as
shown on the City' s Precise Plan of Alignment adopted prior to
this Ordinance) , and on the east by Beach Boulevard . Said tax
shall apply to the same extent , and with the same exceptions, as
is the case throughout the balance of the City and as may be
provided by state law, as the same may be amended from time to
time .
Section 2 . RATE . The rate of the transient occupancy tax
imposed by this Ordinance shall be six percent (6% ) . The Agency
reserves the authority from time to time to amend this Ordinance
to reduce such rate to a lesser rate, provided that such lesser
rate generates sufficient revenues to enable the Agency to
timely satisfy its payment obligations to the Developer under
the DDA, as the same may be amended from time to time .
Section 3 . OPERATIVE DATE . This Ordinance shall not be
operative until the later of ( i ) the first day of the calendar
quarter commencing more than one hundred eighty ( 180 ) days after
adoption of this Ordinance or ( ii ) thirty (30 ) days after the
Agency defaults under Attachment No. 5 to the DDA and the
Developer provides to the Agency written notice to of Agency ' s
default . The Executive Director is hereby authorized and
directed to notify all persons and entities liable for
-_c.ollection and payment of the tax immediately after the
operative date of this Ordinance.
Section 4 . TERMINATION DATE . This Ordinance shall
automatically terminate and be of no further force and effect on
the date that the entire Agency indebtedness set forth in
Attachment No. 5 to the DDA is paid in full or, as to Paragraph
4 only, on the date that any unpaid balance is forgiven and
discharged as provided therein.
Section 5 . PAYMENT OF EXCESS TAX REVENUE TO CITY. The
purpose of this Ordinance is to implement the Redevelopment Plan
for the Main-Pier Redevelopment Project Area by providing an
additional source of revenue to the Agency to satisfy its
payment obligations to the Developer under the DDA.
Accordingly, to the extent that after the operative date of this
Ordinance the Agency collects any transient occupancy taxes not
required to enable the Agency to timely make such payments to
the Developer , the excess amount shall promptly be paid to the
City.
Section 6 . AMENDMENTS . Pursuant to California Revenue and
Taxation Code Section 7280 .5 (d) and Attachment No. 5 to the DDA,
this Ordinance may not be amended, modified, or repealed prior
to the termination date set forth in Section 4 in a manner that
jeopardizes or impairs the Developer ' s rights under the DDA
without the prior written consent of the. Developer ( including
all permitted successors and assigns of Developer ' s right under
the DDA to any of the payments required to be made thereunder) .
Section 7 . SEVERABILITY . If any provision of this
Ordinance of the application thereof to any person or
circumstance is held invalid, the remainder of the Ordinance and
the application of such provision to other persons or
circumstances shall not be affected thereby.
2 -
1
Section 8 . ATTESTATION AND PUBLICATION . The Secretary of
the Agency shall attest to the adoption of this Ordinance and
the same shall be published in accordance with the procedures
applicable to general law cities .
Section 9 This ordinance shall take effect thirty (30 ) days
after its passage .
PASSED AND ADOPTED by the Redevelopment Agency of the City
of Huntington Beach at an regular meeting thereof held on
the 7th day of November , 1988 .
C airma
ATTEST: APPROVED AS TO FORM:
dw.�' — 6�1
-Agency Clerk `,N Agency Attorney SE)_ ao
REVIEWED AND APPROVED: INITIATED AND APPROVED:
. - . L 4 L—W. 4L4,e
City Administrator Dire Ufir of Redevelopment
3 1
Ord. No. 1
STATE OF CALIFORNIA )
COUNTY OR ORANGE )
CITY OF HUNTINGTON BEACH)
I , CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the
City of Huntington Beach, do hereby certify that the whole number of
members of the Redevelopment Agency of the City of Huntington Beach is
seven; that the foregoing ordinance was read to said Redevelopment Agency
at a regular _. meeting thereof held on 24th day of
October 19 88 and was again read to said
Redevelopment Agency at a regular meeting
thereof held on the 7th day of November 19 88 ,
and was passed and adopted by affirmative vote of at least a majority
of all the members of said Redevelopment Agency.
AYES: Members:
Kelly, Green, Finley, Erskine, Mays, Winchell
NOES: Members:
Bannister
ABSENT: Members:
None
Clerk of the Redevelopmen Agency
of the City of Huntington Beach, CA
1