Loading...
HomeMy WebLinkAboutA002 - Resolution No. 80-336 adopted August 26, 1980 RESOLUTION NO. 80-336 RESOLUTION CALLING SPECIAL ELECTION ON THE QUESTION OF IMPOSING A HOTEL AND MOTEL TAX TO BE HELD AT THE TIME OF THE GENERAL ELECTION ON NOVE11BER 4, 1980 WHEREAS, Section 422A. 1 Code of Iowa 1979 authorizes cities to impose a tax in an amount not in excess of seven percent ( "i'AJ of gro:;s ieceipts frc>m ir�ntals of sleeping roo!ris by hotels and motels , subject to an election by which the majority of the qualified electors of each city would ap- prove the imposition; and, i WH&REAS, the City of Ames, Iowa has undertaken the enactment ofGan ordinance providing for such levy at the rate of five percent (5%) and wishes to seek such approval by the quali- f_~L�d elp:tors of the City of Ames; NOW, THEREFORE, Li ci U *-� BE!- IT RESOLVED, by the City Council of the City of Ames , Li Iobia: o tion One. There is hereby called a special election of C 3 th-e qualified electors of the City of Ames, Iowa, on the 4th �I day of November, 1980, at which election there shall be submitted to the qualified electors of said municipality the following question, to wit: Shall the following public measure be adopted? — Yes No "Shall the City of Ames, Iowa be authorized to impose a hotel and motel tax at the rate of five percent ( 5%) as provided by sections 422A. 1 and 422A. 2 Code of Iowa 1979 , As Amended, in accor- dance with the terms and provisions of sections 24.3 through 24. 7 of the Municipal Code of the City of Ames, Iowa, as amended,l and hereinafter set out, to wit: ll Sec. 24 .3 TAX IMPOSED There shall be imposed hereby a tax at the rate of five percent (5%) upon the gross receipts from the renting of any and all sleeping rooms, apartments, or sleeping quarters in any hotel, motel , inn, public lodging house, rooming house, tourist court, or in any place where sleeping accommo- dations are furnished to transient guests for 2 • rent, whether with or without meals . (Ord. No. 2663, Sec. 1, 8-1-78, Ord. No. 2958, Sec. 1, 9-23-80 ) [State Law Ref. 422A. 1 Code of Iowa] Sec. 24.4 EXEMPTIONS The tax shall not apply to the gross receipts from the renting of a room, apartment, or sleeping quarters while rented by the same person for a period of more than thirty-one (31) consecutive days; and, the tax shall not apply to the renting of sleeping rooms in dormitories owned or operated by Iowa State University and shall not apply to rooms and accommodations provided by the Memorial Union at Iowa State University. (Ord. No. 2663 , Sec. 1, 8-1-78, Ord. No. 2958, Sec. 1, 9-23-80 ) [State Law Ref. 422A.2] Sec. 24. 5 USE OF THE TAX REVENUE The revenue derived from the tax imposed by this chapter shall be used as follows : (1) At least fifty (50 ) per cent of the revenue derived therefrom for the acquisition of sites , or constructing, improving, enlarging, equipping, repairing, operating, or maintain- ing of recreation, convention, cultural, or entertainment facilities including, but not limited to memorial buildings, halls and monuments, civic center convention buildings, auditoriums, coliseums, and parking areas or facilities located at those recreation, convention, cultural or entertainment facili- ties or the payment of principal and interest, when due, on bonds or other evidence of indebtedness issued by the city for those recreation, convention, cultural, or enter- tainment facilities; or for the promotion and encouragement of tourist and convention business in the city and surrounding areas . (2 ) The remaining revenues may be spent by the city for any city operations authorized by law as a proper purpose for the expenditure within statutory limitations of city revenues derived from ad valorem taxes . (3 ) The city may pledge, irrevocably, an amount of the revenues derived therefrom, for each of the years the bonds remain outstanding, to ' • 3 the payment of bonds which the city or county may issue for one or more of the purposes set forth in subsection 1 of the section. Any revenue pledged to the payment of such bonds may be credited to the spending requirement of subsection 1 of this section. (Ord. No. 2663 , Sec. 1, 8-1-78, Ord. No. 2958, Sec. 1, 9-23-80 ) [State Law Ref. 422A. 2] Sec. 24. 6 . ADMINISTRATION. The administration for the imposition and collec- tion of the tax herein established shall be pro- vided by the Iowa director of revenue as provided for by the laws of the State of Iowa and the administrative rules of the Iowa Department of Revenue. No additional permits or procedures will be required by the City of Ames . (Ord. No. 2663 , Sec. 4, 8-1-78 ) [State Law Ref. 422A. 1] Sec. 24. 7 . VOTE APPROVAL. The tax herein provided for shall be imposed only after an election at which a majority of those voting on the question favors imposition. The election shall be held at the time of the city' s general election. (Ord. No. 2663 , Sec. 5, 8-1-78 ) [State Law Ref. 422A.1] " Section Two. The voting places for said election shall be as set forth in a Notice of Special Election to be given by the Commissioner of Elections of Story County, Iowa. The polls shall be open on said day from 7 : 00 o ' clock a.m. to 9 : 00 o ' clock p.m. Section Three. That the form of ballot to be used at said election shall be printed on yellow colored paper. Where voting machines are to be used at said election, the entire public measure propositions shall be printed and displayed prominently in at least two (2 ) places within the voting precinct, and on the left-hand side inside the cur- tain of each voting machine, said printing to be in confor- mity with the provisions of Chapter 49 of the Iowa Code. In preparing the ballots to be used in said voting machines the provisions of Chapter 52 of the Iowa Code shall be followed; provided, however, said inserts shall be made up from clear, yellow material, of such size as will fit the ballots frame. Ballots to be cast by absentee voters shall be prepared in the usual manner prescribed under Chapter 49 of the Iowa Code. Section Four. That the Election Board for the voting pre- cinct or precincts shall be appointed by the County Commis- sioner of Elections, not less than 15 days before the date of said election, a certified copy of which appointment shall be officially placed on file in the office of the Clerk of the City. Section Five. That the Auditor of Story County, Iowa, being the County Commissioner of Elections, is hereby directed to publish the "Notice and Proclamation of Election" in a legal newspaper, printed wholly in the English language, published in Ames, Iowa, and of general circulation in said City at least once, not less than four nor more than twenty days prior to the date of said election. Section Six. That the County Commissioner of Elections shall cause to be prepared all such ballots, voting machines and poll books and other supplies as may be necessary for the proper and legal conduct of said election and the Clerk of said City is hereby authorized and directed to cooperate with said Commissioner of Elections and to do and prepare all of the necessary proceedings in order to make said election legal and valid. Section Seven. That the Board of Supervisors of Story County, Iowa, shall meet at 9 : 00 o ' clock a.m. on the first Monday after the day of said election and shall open and canvass the tally lists and shall prepare an abstract of said election results pursuant to the provisions of Section 50 .24, Code of Iowa, 1979, as amended. Section Eight. That the Clerk is hereby directed to file a certified copy of this resolution in the office of the County Commissioner of Elections . Adopted this 26th day of August, 1980 . F. Paul Goodland, Mayor Attest: Gina Bicknese, City Clerk NOTE: Mayor Goodland exercised his right to take "no action" on this resolution. (See Section 2.8(3) Ames Municipal Code; Section 380.5 and 380.6 Code of Iowa) Becomes effective on September 9, 1980. Gina Bicknese, City Clerk