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HomeMy WebLinkAboutOrdinance 5439 07/05/1988 ORDINANCE NO. 5439 (GENERAL) AN ORDINANCE CONCERNING THE TRANSIENT ROOM TAX, INCREASING THE RATE OF SUCH TAX FROM 4% TO 4 1/2% AND PROVIDING FOR USE OF THE PROCEEDS OF SUCH ADDITIONAL TAX, CREATING'A SPECIAL AND SEPARATE FUND DENOMINATED THE "HAYt'1ARD FIELD RESTORATION AGREEMENT FUND" ESTABLISHING AN EFFECTIVE DATE AND Al1ENDING SECTIONS 8-21-2 AND SUB-SECTION (1) OF SECTION 8-21-15 OF THE SPRINGFIELD CODE, 1965, AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: Section 8-21-2 is amended to read as follows: "8-21-2 Levy. For the privilege of occupancy in any hotel, each transient shall pay a tax of four and one-half percent of the rent charged by the operator for the occupancy period. The tax shall constitute a debt owed by the transient to the city and be extinguished only by payment to the operator of the city~ The transient shall pay the tax on his records when the rent is collected, if the operator keeps his records on the cash ,accounting basis, and when earned, if the operator keeps his records on the accrual account- ing basis. If the rent is paid in installments, a proportion- ate share of the tax shall be paid by the transient to the operator with each installment. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator ,may require that the tax be paid directly to the city. In all cases the rent paid or charged for occupancy shall exclude amounts received for the sale of goods, services or commodities, other than the furnishing of rooms, accommodations, and parking space in mobile ,home parks or trailer parks." Section 2: Sub-section (1) of Section 8-21-15 is hereby amended to read as follows: (Sub-sections [a] through [e] are added in their entirety) Administration. "8-21-15 8-21-2 to transient (1) The tax administrator shall deposit all money collected pursuant to Sections 8-21-12 of this Code to the credit of the room tax fund. (a) The tax administrator shall establish a separate and special fund which shall be denominated the "Hayward Field Restoration Agreement Fund." *$15,000.00 (b) $"i-9-,ee-o-.-G-e- of the annual net proceeds collected from'the levy of the transient room tax shall be deposited by the tax administrator to said fund upon collection. Provided however, that in the event that *Adopted as amended by Council on July 5, 1988, amending $19,000. to $15,000. ORDINANCE NO. 5439 Page 2 ;ee footnote ;ee footnote the amount equal to 1/9 of the total tax of 4 1/2%, or 1/2% of tax, does not equal ~~~;~:O~, then the sum to be so deposited by the tax administrator to said fund on collection shall be equal to not more than 1/9 of the total tax, of 4 1/2%, or 1/2% of tax. Said fund is to be used for the performance of the obliga- tions of the City of Springfield under that certain Chapter 190 Intergovernmental Agreement entered into with the City of Eugene, Lane County, and the State of Oregon, acting by and through the Oregon State Board Of Higher Education for the renovation and restoration of Hayward Field. The tax administrator shall not deposit any sums which would exceed the amounts required to be paid under Section 8-21-15 (1) (c). Any sums not required shall remain in, and any surpluses shall be transferred to, the General Transient Room Tax Fund to be duly budgeted, distributed and expended in accordance with Council policies established by the budget and by resolution. (c) From such funds the administrator is to pay annually on July 3~, 1989, and annually on said date each year thereafter to the University Of Oregon for application upon retirement of the Hayward Field Improvement Project Bonds, the sum of ~9;~=O~ or the amount equal to 1/2% of the 'tax, whichever shall be the lesser, of the annual net proceeds collected from "the levy of the transient room tax. (d) Said payments shall continue until the bonds referred to in said Intergovernmental Agreement are retired, irrespective of any extension or refunding until Hayward Field is no longer used as a track and field facility, until the cities and county cease making payments, until the expiration of twenty years, or until the agreement is otherwise terminated, whichever is earlier. (e) Upon completion of payment as provided in (d), any remaining amounts in the Hayward Field Restoration Agreement Fund shall be returned to the balance of the Transient Room Tax Fund for use in any manner con- sistent with use of the balance of such tax, and as provided by law. The Hayward Field Restoration Agreement Fund shall then be closed." Section 3: Subsection (4) of Section 8-21-3 is hereby repealed. Section 4: This ordinance and the additional tax imposed by the amendment of Code Section 8-21-2 shall become effective on the 1st day of August, 1988. Section 5: It is hereby found and determined that matters relating to Hayward Field re'storation and the transient room tax and use thereof are matters affecting th~ pl'plic heal th,r ~afety and welfare as amended by Council on ju1y 5, 1988, amendlng %19,000. to $l~,OuO. Adopted ~ J ~ . RDINANCE NO. 5439 age 3 ~ and that an emergency therefore exists, and that this ordinance shall therefore take effect immediately upon its passage by. the Council and approval by the Mayor. Adopted by a vote of 5 this 5th day of Ju Iy Approved by the Mayor this 5th 1988. ' for and o against , 1988. day of July /J ~ C. ATTEST: Adopted as amended oy Councllon July 5, 1988, amending $19,000. to $15,000.