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HomeMy WebLinkAboutOrd2011-006 Sponsored by: Administration Introduction: November 14, 2011 Public Hearing: November 28, 2011 Postponed to: December 12, 2011 Enactment: December 12, 2011 CITY OF SEWARD, ALASKA ORDINANCE 2011 -006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVISING SEWARD CITY CODE SECTION 5.45.015 (HOTEL /MOTEL ROOM TAX — LEVY OF TAX), ELIMINATING ALL EXEMPTIONS FROM THE HOTEL /MOTEL ROOM TAX, EFFECTIVE JANUARY 1, 2012 WHEREAS, Initiative Ordinance No. 95 -01 -INIT was placed before the voters at the regular election in October, 1995, and was approved by a majority of the voters voting on the question, thereby establishing a 4% Hotel /Motel Room tax, and creating Seward City Code 5.45.015, which provides the authority for the imposition of a hotel /motel room tax; and WHEREAS, SCC 5.45.015 (b) currently provides for exemptions from payment of hotel /motel room tax on government, non - profit, and church organizations; and ire WHEREAS, the community of Seward does not receive sales tax or property tax revenues from government, non - profit and church organizations doing business within the community, and does provide substantial services which benefit these organizations; and WHEREAS, these organizations will continue to be exempt from real property taxes in Seward; and WHEREAS, the United States, the State of Alaska, and instrumentalities and political subdivisions of the State will continue to be exempt from the hotel /motel rent tax to the extent and in the manner required by State and federal law; and WHEREAS, it is the intent of the Seward City Council that churches and nonprofit organizations, who are exempt from real property taxes, do not receive an exemption from the hotel /motel room tax, in order to reduce the subsidies currently afforded organizations exempt from income taxation and to allocate a portion of the cost of City services to organizations enjoying the benefits of those services. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 5.45.015 — Levy of Tax is amended as follows: Stfikeeet = Delete Bold = New CITY OF SEWARD, ALASKA ORDINANCE 2011 -006 .r. (a) There is hereby levied a tax on all hotel /motel rent not exempt from taxation .. .. equal to four percent of the hotel /motel rent. (b) Rent paid by the United States or the State is exempt from the tax levied by subsection (a) of this section insofar as the United States and the state are immune from taxation.The following rent is exempt from the tax levied by subsection (a) of this scction: (1) Rent paid by the United States, the state, or any instrumentality or (2) Rent paid by an organization recognized by the United States Internal Code, provided that the organization provides proof of such recognition to the city manager. (3) Rent paid by a church organized as a nonprofit corporation under the Section 2. The effective date of the elimination of exemptions from the Hotel /Motel Room Tax is January 1, 2012. Section 3. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 12 day of ..J December, 2011. THE CITY OF SEWARD, ALASKA David Seaward, a or AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry NOES: Seaward ABSENT: None ABSTAIN: None ATTEST: fk m na K inney, CMC . Clerk`- A, • 0 s (City Seal) E ; ' . , 1 ft s R y ft k "b�S� 3 •Goy g'i ® ,,J