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CC Ordinance 2133ORDINANCE NO. 2133 BEING AN ORDINANCE OF THE CITY COUNCIL AND PEOPLE OF THE CITY OF CAMPBELL AMENDING SECTION 3.34.020 OF THE CAMPBELL MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX FROM TEN PERCENT TO TWELVE PERCENT The City Council and the People of the City of Campbell to ordain as follows: SECTION ONE: Section 3.34.020 of the Campbell Municipal Code is hereby amended to read: 3.34.020 Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of twelve percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the city which 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. tf 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 tax administrator may require that such tax shall be paid directly to the tax administrator. SECTION TWO: The proceeds of the tax increased by this ordinance shall be deposited in the City's general fund for use by the City for any of the City's general expenses, such as, without limitation or necessary inclusion 911 emergency responses, firefighting efforts, police patrols, crime prevention, city streets and pothole repair, after-school programs for children/teens and nutrition programs for seniors. The taxes referenced in this ordinance shall be collected as provided in Chapter 3.34 of Campbell Municipal and applicable law. There will be independent annual financial audits. SECTION THREE: The City Council may also amend, revise, or clarify any provision of Chapter 3.34 of the Campbell Municipal Code without additional approval of the voters, so long as those amendments, revisions or clarifications do not increase or extend any tax. SECTION FOUR: This ordinance shall take effect on January 1, 2011, provided that the tax increase set forth herein is approved by a majority of the votes cast by voters voting on the measure by which such increase is presented to them. PASSED AND ADOPTED this 3rd day of August, 2010 by the following roll call vote of the City Council of the City of Campbell: AYES Councilmembers: Kotowski, Kennedy, Furtado, Baker, Low NOES Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: Evan D. Low, Mayor ATTEST: ~-~-. An Bybee, City Clerk