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HomeMy WebLinkAboutOrdinance 7969 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19A OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964) , IS AMENDED, BY DELETING ANY REFERENCES THEREIN TO CHAPTER 24A OF SAID CODE, CLARIFYING THE CODI- FICATION OF ORDINANCE NO. 6542; AMENDING SECTION 19A-2 OF SAID CODE: PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF THE ORDINANCE AND OF SUCH CODE AFFECTING THE HOTEL OCCUPANCY TAX; PROVIDING FOR REPEAL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 1 of ordinance No. 6542, adopted August 30, 1971, is hereby amended so that all references to Chapter 24A and Sections 24A-1 through 24A-6 therein shall hereafter be and read Chapter 19A and Sections 19A-1 through 19A-6, as appropriate, thereby con- forming the same to the designations given those respective sections and that Chapter by the publishers in codifying the ordinance pro- visions cited. SECTION 2. That Section 19A-2, of Chapter 19A of the Code of the City of Fort Worth, Texas (1964) , as amended, be and the same is hereby amended, and after having been so amended, shall hereafter read as follows: " (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 percent (4%) of the considera- tion paid by the occupant of such room, space of facility to such hotel, exclusive of other occupancy taxes imposed by other governmental agencies." (b) In combination with any other revenues which may be designated for the purposes under the pro- visions of Article 1269j-4.1, Revised Civil Statutes of the State of Texas, the tax levied under sub- section (a) above is hereby pledged for any one or more of the following purposes: To establish, acquire, lease as lessee or lessor, purchase, construct, im- prove, enlarge, equip, repair, operate or maintain any or all public improvements such as civic centers, civic center buildings, auditoriums, opera houses, music hall, exhibition halls, coliseums, museums, libraries or other city buildings; and to establish, acquire, lease as lessee or lessor, purchase, con- struct, improve, enlarge, equip, repair, operate or maintain any or all structures, parking areas, facilities located at or in the immediate vicinity of such public improvements, to be used in connection with such public improvements for off-street parking or storage of motor vehicles or other conveyances; and such other purposes as may be authorized by Article 1269j-4.1, R.C.S. As required by Section 3c (b) of Article 1269j-4.1, at least one percent (1%) of the tax levied under subsection (a) above is hereby pledged for the purpose of advertising and conducting solicitation programs to acquaint poten- tial users with the City's public meeting and convention facilities, and for promotion of tourism and advertising of the City and its vicinity, all as authorized and required by said Article 1269j-4.1, R.C.S. (c) No tax hereunder shall be imposed upon a permanent resident. (d) No tax hereunder shall be imposed upon a corporation or association organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. SECTION 3. That this ordinance shall be cumulative of all provisions of Chapter 19A of the Code of the City of Fort Worth, Texas (1964) , as amended, affecting the levy, collection and use of the hotel occupancy tax in and by the City of Fort Worth, except where the provisions of this ordinance are in direct conflict with the provisions of such charter of such code, in which event, such conflicting provisions of such ordinances and code are hereby repealed. SECTION 4. That all rights and remedies of the city of Fort Worth, Texas, -2- are expressly saved as to any and all violations of the provisions of Chapter 19A of the Code of the City of Fort Worth, Texas, as amended, and of any other provisions in said Code affecting the hotel occupancy tax which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, and such Chapter and/or other provisions, the same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. That it is hereby declared to be the intention of the City Council that 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 void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffec- tive or unconstitutional phrase, clause, sentence or section. SECTION 6. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the pro- visions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . -3- SECTION 7. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY -4- KEc City of Fort Worth, Texas V If o &EA�­9T IF Mayor and Council Communication Wit, DATE REFERENCE SUBJECT: Increase in Hotel, Occupancy GE NUMBER G-4304 KiERSEN The City Council is authorized under Art, 1269j-4.1, Tex. Rev. Civ. Star,,, to levy a hotel occupancy tax not to exceed four percrnt of the consideration paid by occupants of hotel rooms in the City. The current hotel occupancy tax rate is three percent. An increase-of one percent is being requested in order that the City may renew its contract for advertising the convention and tourism capabi- lities of the City with the Fort Worth Chamber of Commerce. This one percent increase must,-under the provisions of the above cited statute, be reserved "for the purpose of advertising and conducting solicitation programs to acquaint potential users with public meeting and convention fac-ilities, and the promotion of tourism and advertising of the City and its vicinity, either by the City or through contracts with persons or organizations selected by the City". The current hotel occupancy tax rate of three percent was set by Ordinance No. 6542, passed on August 30, 1971. In order to increase the hotel occupancy tax levy, the attached ordinance amending the aforesaid ordinance needs to be adopted by the City Council. The current contract with the Chamber of Commerce for advertising the City expires September 30, 1979. Should the City Council choose to approve the increase in this tax and adopt the attached ordinance, a new contract will be submitted for the Council's approval. Recommendation It is recommended that the attached ordinance be placed on the City Council agenda for the meeting of Tuesday, September 4, 1979, for initial consideration and that the City Council adopt the attached ordinance the following meeting. RLH:plg Attachment SUBMITTED FOR TME �V COUNCIL: PROCESSED BY CITY MANAGER'S DISPOSITION OFFICE By: 4-- _ROVED ORIGINATING n ,r,r,.Ej OTH ER 111E%�R 18 DEPARTMENT HEAD: Aa r. A Arthur Petersen C Y SECRETARY FOR ADDITIONAL INFORMATION 711­1 CONTACT: Arthur Petersen, Ext. 7600 DATE