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HomeMy Public PortalAboutHotel~Motel Amendment to 7% 04-04-19{4373107.1}.docxORDINANCE NO. 12-2019 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, SO AS TO REVISE THE ROOM EXCISE TAX SO AS TO REPEAL SECTION 58-108 AND REPLACE WITH A NEW TAX AT THE RATE OF 7%; TO PROVIDE FOR DISTRIBUTION OF TOURISM PRODUCT DEVELOPMENT BY RESOLUTION, TO ESTABLISH AN EFFECTIVE DATE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, in the 2019 session of the Georgia General Assembly, a Local Act (House Bill 591) was adopted and it authorized the city of Tybee Island, pursuant to O.C.G.A. §48-13-51(b) to impose a tax at the rate of seven percent (7%) of taxable charges to the public for lodging accommodations and that the revenue would be used pursuant to the provisions of O.C.G.A. §48-13-51. NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of Tybee Island that The Code of the City of Tybee Island, Georgia, Article IV, Section 58-108, Rate, is hereby added and the Code is amended so that hereafter the section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Article IV, Chapter 58-108, to be amended so as to hereafter read as shown below. SECTION 2 Sec. 58-108 RATE The rate of taxation shall be seven percent (7%) of taxable charges to the public for lodging accommodations. The tax shall be levied at this rate and the resulting revenue shall be used pursuant to the provisions of O.C.G.A. §48-13-151, including O.C.G.A. §51(b). Further, that portion of the tax dedicated to tourism product development will be distributed in accordance with a resolution to be passed by the Mayor and Council designating the tourism product development to which funds will be designated and distributed. SECTION 3 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 4 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 5 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 6 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia, or as otherwise specified by the Mayor and Council herein as _____ day of _________________, 2019. ADOPTED THIS       DAY OF                     , 2019. ______________________________ MAYOR ATTEST:                                                         CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 572/1/Ordin 2019 hotelmotel