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HomeMy WebLinkAboutORD 1979-003 ORDINANCE NO. 79-3 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF GRAPEVINE RELATING TO THE "HOTEL OCCUPANCY TAX" SAME BEING CHAPTER 21 , SECTION 20-31 , SAME HAVING BEEN ENACTED BY THE PASSAGE OF ORDINANCE #74-28 ON THE 20TH DAY OF AUGUST 1974 AND AS AMENDED BY ORDINANCE #77-7 PASSED ON THE 22ND DAY OF FEBRUARY 1977 BY INCREASING THE TAX FROM 3% TO 4% OF THE CONSIDERATION PAID BY THE OCCU- PANT OF SUCH ROOM OR FACILITY TO SUCH HOTEL AND BY EXPANDING THE PURPOSES FOR WHICH THE REVENUES MAY BE DERIVED TO CONFORM TO THE STATE ENABLING ACT, TEX. REV. CIV. STAT. ANN. ART. 1269i-4. 1 PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERA- BILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE , TEXAS : Section 1. That the City Code of the City of Grapevine, same being Chapter 21 , Section 21 and 22 is hereby amended to read as follows : "Section 21. Levy of Tax; Rate; Exceptions : (a) There is hereby levied a tax upon the cost of occupancy of any room or space furnished by any hotel where such cost of occupancy is at the rate of Two Dollars ($2 . 00) or more per day, such tax to be equal to four per cent (4%) of the consideration paid by the occupant of such room, space or facility to such hotel , exclusive of other occupancy taxes imposed by other governmental agencies . Section 22. Disposition of Revenue : (a) The revenue derived from this tax will only be used for the following purposes as the City Council shall direct : (1) The acquisition of sites for and the construction, im- provement , enlarging, equipping, repairing , operation, and maintenance of convention center facilities includ- ing, but not limited to, civic center convention build- ings , auditoriums , coliseums , civic theaters , museums , and parking areas or facilities for the parking or stor- age of motor vehicles or other conveyances located at or in the immediate vicinity of the convention center faci- lities ; (2) The furnishing of facilities , personnel and materials for the registration of convention delegates or regis- trants ; (3) For advertising for general promotional and tourist ad- vertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors either by the city or through contracts with persons or organizations selected by the city; (4) The encouragement, promotion, improvement , and applica- tion of the arts , including music (instrumental and vocal) , dance, drama, folk art , creative writing , architecture , design and allied fields , painting, sculpture, photography, graphic and craft arts , motion picutres , television, radio , tape and sound recording, and the arts related to the presen- tation, performance, execution, and exhibition of these major art forms : (5) Historic preservation and restoration. " Section 2. Effective date of increase in tax. The increase in the occupancy tax authorized by this Ordinance shall become effective beginning April 1 , 1979 . The amount of the tax shall be 470 beginning April 1, 1979 and thereafter. The tax shall remain at 3% through March 31 , 1979 . Section 3 . Severability. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance , or application thereto to any person or circumstances is held invalid or unconsti- tutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of the Ordinance; and the City Council hereby declares it would have passed such re- maining portions of the ordinance despite such invalidity, which re- maining portions shall remain in full force and effect . Section 4. Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two hun- dred dollars ($200. 00) and a separate offense shall be deemed com- mitted upon each day during or on which a violation occurs or con- tinues after the notice period provided herein has expired. The Court shall order removal and abatement of the nuisance. Section 5 . Emergency. The fact that no present ordinance of the City of Grapevine authorizes the increase of tax from 3% to 4% on the Hotel Occupancy Tax exist , creates an urgency and an emer- gency and in the preservation of the public health, safety and wel- fare requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provides . DULY PASSED by the City Council of the City of Grapevine, Texas , this the 20th day of February , 1979. NiNJ It'A'4 Mayor ATTEST : _ _4 /i it. City S.cretar` APPROVED AS TO FORM: 2..."..18CityAttorney