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HomeMy WebLinkAboutORD 1989-071 � CITY OF GRAPEVINE, •TEXAS , - ORDINANCE N0. 89-71 AN ORDYNANCE OF THE CITY OF GRAPEVINE� TEXAS AMENDING ARTICLE I�I OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY RELATING T8 A HOTEL 4CCUPANCY TAX BY AMENDING SECTION 21-20 RELATING TO THE DEFINITYON OF HOTEL; BY AMENDYNG SECTION 21-21 RELATING TO 7'I'!E LEVY OF THE HOTEL TAX; BY AM�NDING SECTION 21-22 I2�LP,TING TQ THE USE OF THE HOTEL TAX `�``"" REVENUES; BY ,AMENDING SECTION 27,-24 RELATING TO ALLOCATION OF REVENUE COLLECTED; HY � AMENDING SECTION 21--�? RELATING TO PENALTIES � AND BY ADDING A NEW SUBSECTION Z1-27 (B) PROV�DING THAT ANY HOTEL OCCUPANCY TAX ASSESSED SHALL BE A PRIOR AND SUPERIOR LTEN ON THE HOTEL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEV�RAHILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. - WHEREAS, the City af Grapevine, Texas (the "City" ) is a - home rul� city purauant to article 11, Section 5 af tha Texas Con�tituticn, section 9.OQ1 et seq, Tex. Loc. Gov. Code. ann. . (Vernon� , and it� Home Rule Charter; and � - WHEREAS, as a home rule City, the City has the fuli po�rer of aelf-gavernment, and looke to acts of the Legislature not _ for grants of power but only for limitati,on of �the City' s authority; and _ WHEREAS, the City ie anthorized by Chapter 351 of the . Texas Tax Code to impose a tax for occupanay of a hotel room et� outlined th�rein; and � �ti,� WHEREAS, the City has heretafpre impoBed such a hotel - occupancy tax, as se� forth in article II, Chapter 21 of the = City' s Code o� Ordinances; and � . - � W�iEREAS, th6 city i� authorized by statu�e general�y to collec� taxe� authorized by law and impoae penaltie� for delinquent taxes (5302.102(b) , Tax Code) ,. and �pecifically to collect delinquent ho�el taxea by the filing of an injunction � suit (§351.004(a) , Tax Code) ar by other remedies pxovided by ` law or ordinance {�3g, grt. 1269j-4 . 1, Codified �.n �351. OQ4(bj , Tax Code) ; and WHEREAS� in addition to other remedies available to the _ City, the City desire� ta aolleCt delinquent hotel taxes by placing a first lien far such nvnpayment on the real praperty on which a hotel which is subjeot to the tax ie� located. - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRP,PEVrNE, TEXAS: � Seation 1. That all of the above pr�mieea are found to be true and correct and ar� incorporated into the body of this ordinance as if copied herein in their en�irety. �-9� Section �. That �rticle II of Chapter Z1 of the Code of - . Ordinances of the City of Grapevin�, Texas relatinq to a hotel occupanCy tax ia hereby amended in the folloaring particulars, and all other chaptere, articles, sectione, subaectiona, � '� paragraph�c, �entences, phr�tees, and werd� of the said Code are . not amended but are in alI thinqs r�tified, verified, approved _ and af f irmed s �- A. That section 21-27 of Chapter 21 is hereby amended �o that it shall hereafter read as fol7.ows: . 'r . -� o2o3j/12 , � 'a- ` "Section 2x-Z0 . Definitione . . . - As used in thia article, the followinq terms - � � shall have the reapective meanings ascrxbed to them: * * t . * _ �r * * ('_nnvPntinn center facil{�,j,ea or Convention � center� com�lax: Civic centera, c�.viG �anter buildinga, auditariume, exhibition halls and coli�euma that are owned by the city or other governmental entity or that are managed in ° whole or in part by the city. '�he term includes parking areae or facilitie� that are � for the parking or etorage of conveyancee and �,� that are located at or in the immediate vic�.nity oE other convention center f�cilities . . ,r ,r * * * ,� * H4tels A building in which members of the � public obtain eleepinq acaammodation� for - Consideration. The term irtcludea a hote]., motel, tourigt home, tourist hou�e, tourist • . aourt, ladging houge, inn, or rooming �'hou�a, but doeB not include a hogpit�l, eanitarium, ar nursinq home. * * * ,r * * * � . � Tauri�m: The quidance or management of touristB. sts An individual who travels from the individual ' � residence to � different � ,�,„� municipality, county, state, or country for - plea�ure, recreation, education ar culture. ° = � B. That section 2i-21 0� Chapter 21 i� hereby amended �o that it shall hereafter read �� followss . "Section 21-21. Letrv of tax: ratei eg&etitions . � {a} There i� hereby � Zevied a tax of �i� percent (6�) of the price paid for a - - roam in a hotel on a person who, under a lease, concession, permit, riqht af accesa, licenee, contract or agreement, _ pays for the use- or pos�ession or for the righ� of u�e or poaeeasion of a room in the hotel, costs $10 or more each - day, and ia ordinarily u�ed for �leeping. � s (b) The price of a room in a hotel daes not include �he cost of food sesved by the hotel or ` the coat of perso�al aervices performed by the hotel for the pereon _ except for tho�e aervices related to _ . cleaning and readying the room for use ,�,� or poaeeasion. ' (c) The tax doe� no� apply to a persan who has the right to use or poeBegg a room _ �"�' in a botel for thirty (30) or more days . " C. That secti,on 21-22 of Chapter 21 is h�reby amended so that it shall hereafter read a� follows: - "SectiQn 21-22. Ues Qf t�x �evenue. - 2 - . -�- o2o3j/�3 " " . Q _ � (a) Revenue derived from the municipal hotel occupanCy tax may be u�ed only to . - promote touriam and the convention and � � hotel induatry, and $uch u�a is limited to �he Eollowinqs ( 1) the acquisit�ion of sites for and the constructian, improvement, e�larging, equipping, repairing, operation, and - maintenance of conventian center facilitie�; - (2) the furnishing cf fac��ities, personnel, � " and materials for the regi�tration of convention delegat�a or reqistrants; � � {3) advertisinq and conducting �olicitation and promotional programs to attract touriata and convention delegates ox registranta to the city and its vicinity; (4) the encouragement, promotion, improve- � - ment, and application of the arts, � � • inciudinq music (in�trumental and - vocal) , d�nce, drama, folk art, creative writing, �rChitacture, desiqn and allied . fieide, paint�nq, sculpture, � photo- - qraphy, graphic and craft artg, . motion picture�, radio, telev�sion, tape and � sound recording, and th� art� related to _ the presen�ation, performance, execution, and exhibition of these major art forms= . and - . (5) hi�torical re�toration and preservation projecte or activities or advertising and conducting solicitation and � promotional proqrama to encourage - � tourists and convention deleqates or = reqistrantg to visit preeerved historic . � � aitee or museums: (i) at or in the immediate vicinity o� convention center facilities; or (1i) loCgted eleewhere in the city and it� vicin�ty that �ould be � frequented by touri�ts, Convention � delegatee, or other vi�itors to th� _ o�ty. (b) xatel occupanoy tax revenue spent for a purpo�e authorized by this section may _ be spent fox day-�o-day operation�, supplies, �alsriee, office rental, travel expenseffi, and other administra- - tive co�t� only if those administrative co�te are incurred directly in the . � - promotion and servicinq of expenditures authoxized under thig �ection. The � portion of the total admini�trative aosts �o� whi�h the hotel occupancy tax - revenue may be used may nat exceed the - � portion of tho�a administrative costs ,.�. actualiy incurred in conductinq the activitieg for which the hatel tax revenue may be used. �:� � - (c) Municipal hvtel occupency tax revenue may not be apent for travel for a person - to �attend an event or _ conduct an activity the primary purpose of which is - not directly related to the promotion of tourism and the convention $nd hatel � industry or the performance o� the - � person' s job in �n effi�ient and � profeegional manner. " _� - 3 - . � q , ' D. That section 21-24 of Chapter 21 is hereby amended eo that it ahall hereafter read aa follaws: . � "SeCtion 21-24 . Allocation of revenu�. (a) Not mor� than fifteen percerit ( 15$) of the hotel � occupancy tax revenue coilected by the city or the amount o� tax rece�ved by the city at the rate of � one percent (I�} of the cost of a room, whichever ig qreater, may be u�ed for th� - purposes pxavided by section Z1-22(a} (4) of thie chapter relating to � promotion of the arts. � (b) Not lese than the amount of revenue received by the ci.ty from the tax impoeed in this article at a rate of one percent ( 1$) of the cost of a room ghall be u�ed for the purpogee- epeci��.ed in � �ection 21-22(d) (3) of this che�pter relating to programS deeiqned to attract - touriata and converition delegates to th� � . city. - E. That gection 21-27 of Chapter 21 is hereby amended . so that it shall hereafter read as follows: � " - °Section 21-27 . Penaltie�; Lie�,. A. Pen�ltvs If any pereon �shall fail � to - � col].ect the tax imposed herein or shall _ fail to file a report ag required herein, or sha7.l fail tc pay to �he city manaqer , the tax as impo�ed herein, when the said collection is required or report or pay�nent is due, or ahall file a false � �, report, then such per�an ehaii be deemed - � guilty of a m�,sdemeanor and upon = conviction be puniehed as provided� in - � aection 1-fi of thie Code. In eddition, euch person who faile to remit the tax imposed by this article w�.thin the time required shall forfeit five (5) per cent of the amount due as a penal�y, 8�d after the first thirty {30) daye shall forfe�� � en additional f�ve (5} p�r cent o� su�h - tax; provid�d, however, the penalty shall never be less than one dollar ($1.00) . Delinquent taxea shall draw interest at _ the rate of six (-6� per cent per annum beginning sixty (60) daye from the date dus. - B, y�,�n: upon the �ailure o� the per�on . � . reaponsible for collecting the tax herei.n impaged to fi],e the report and� pay the � tax for any period as set iorth harein, in addition to all other remedies, the - City tax asaes�aor-collector is authorized _ . to make an agg�e�ment of �he tax for auch „�� per�,od, and the tax a�seseed, taqether - with any penaities provided by statute ar � this ordinance, shall be a prior and euperior lien on ali p�coperty af the _ ``" " hotel. " Section 3 . The increase in tax provided for herein - shall nvt apply ta th� tax imposed on the use o� pos�egeion of a room under n contract execut�d before actober 1, 1989, that providee for the payment of the tax et the rate in effect �when � the cantract wa� executed, unlesg tha- contract is aubject to - 4 - . _.� o2o3j/i� - ,�_ _ � change or modification by reason of the tax rate increase. The � tax rate applicable to the use or po�aeesion of a room under � the contract is the rate in effect when the contract wa� executed. - Section 4 . � Thi$ Ordinance shall be cumulative ot �11 � other ordinances of the City of Grapevine, Texaa, affecting taxes and ahall not repeal any of the provlsion� of said � ordinance� except in those inetancea w�ere provi�ions of those ordinances are in direct conflict with the provi�ion� of this Ordinance. Section 5. If any eection, article, paragraph, �� sentence, clau�s, phra�e or �ord in thi� ordinance, or application thereto any person or circumatances is held invalid or unconstitutional by a Court of competent juri�diction, �uch holding �hall nat affect the valid�ty of the remaining portions af thia ordinnnce; aad the Ci�y Council hereby declarea it would have pas�ed such remaining port�ons of the ordinance de�pite �uch invalidity, which remsining portions ehall remain - in full force and effect. SeCtion 6 . The fact th�t the pregent ordinance and regulatians of the City a� Grapevine, T�xaa, are fnadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitanta of the City of Grapevine, Texas� creates an emergency for the immediate pre�ervation of the public bu�iness, property, health, aafety and general welfare of the public which requirea that the City Charter - provision that the caption of an ordinance be read in open meeting of the Council on two (2) eeverai daya be dispensed . with, and the said rule i� hereby dispenaed with. Section 7 . That �his ardinance shall take effect on Qctober 1, 1969 . _. PASSED AND APPROVED by the City Council of the City of �,,, Grapevine, Texas on �his the 3rd day o;E October , I�A9 . " � _. . . ---_ - ' - William D. Tate � Mayor ATTEST: . _ ,r- Linda Huff City Secretary � [SEAL] � . OVED AS TO FO : Jo n F. Boyle, Jr. City Attorney , _ • �► _ . � �. " _. -- �.� _ . «. . ` 5 _ Q203j/16 — � �