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1996T5-ROOM OCCUPANCY TAX ORDINANCE NO. 96-T5 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY DELETING CHAPTER 17, ARTICLE III, ROOM OCCUPANCY TAX, AND REPLACING SAME WITH A REVISED CHAPTER 17, ARTICLE III, ROOM OCCUPANCY TAX; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the location and growth of the City has resulted m the establishment of lodging facilities in the City, and WHEREAS, the City Council has determined to modify the existing room occupancy tax as permitted by state law; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; SECTION 1. Chapter 17, Article III, of the Code of Ordinances, City of Schertz, Texas is hereby amended to read as follows: ARTICLE III. ROOM OCCUPANCY TAX Sec. 17-21. DefInitions. The following words, terms, and phrases for the purpose of this Article, except where the concept clearly indicates another meaning, are defIned as follows: (a) Consideration. Shall mean the cost of the room, sleeping space, bed, or dormitory space or other facility in such hotel and shall not include the cost of any food served or personal services rendered to the occupant not related to cleaning and readying such room for occupancy and shall not include any tax assessed for occupancy therefor by any other governmental agency. (b) Hotel. Shall mean any building or buildings in which a member or members of the public may, for a consideration, obtain sleeping accommodations. The term shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses, beds and 0200829 breakfasts, and all other facilities where rooms or sleeping facilities or space are furnished for a consideration. The term "hotel" shall not be defIned so as to include hospitals, sanitariums or nursing homes or a dormitory or other housing facility owned or leased and operated by an institution of higher education used by the institution for the purpose of providing sleeping accommodations for persons engaged in an educational program or activity at the institution. (c) Occupancy. Shall mean the use or possession or the right to the use or possession of any room, space, or sleeping facility in a hotel for any purpose. Cd) Occupant. Shall mean anyone, who, for a consideration, uses, possesses, or has a right to use or possess any room or rooms of sleeping space or facility in a hotel under any lease, concession, permit, right of access, license, contract, or agreement. (e) Permanent Resident. Shall mean any occupant who has or shall have the right to occupancy of any room or rooms or sleeping space or facility in a hotel for at last thirty (30) consecutive days during the current calendar year or preceding year. CD Person. Shall mean any individual, company, corporation, or association owning, operating, managing, or controlling any hotel. (g) Quarterly Period. Shall mean the regular calendar quarters of the year, the fIrst quarter being composed of the months of October, November, and December; the second quarter being the months of January, February, and March; the third quarter being the months of April, May, and June; and the fourth quarter being the months of July, August, and September. (h) Tax Assessor/Collector. Shall mean the Tax Assessor/Collector of the City of Schertz. Sec. 17-22. Levy of Room Occupancy Tax. 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 seven percent (7%) 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. 0200829 -2- Sec. 17.23. Exceptions. (a) No tax shall be imposed hereunder upon a permanent resident. (b) No tax shall be imposed hereunder upon an officer or employee of the State of Texas or of an agency, institution (other than an institution of higher education), board, or commission of the State of Texas (i) when traveling on or otherwise engaged in the course of official duties for the government entity, (ii) for whom a special provision or exception to the general rate of reimbursement under the General Appropriations Act applies, and (iii) who is provided with photo identifIcation verifying the identity and exempt status of the person. (c) No tax shall be imposed hereunder on the United States, any entity of the United States, or any federal employee traveling on offIcial business when the United States pays the hotel directly for the price of the room by the use of a United States government check or purchase order or a United States government credit card issued only in the United States government agency's name. This exception shall not apply to federal employees traveling on offIcial business when paying from their own funds, including the use of cash, personal check, or any credit card issued in the individual's name. (d) No tax shall be imposed hereunder on diplomatic personnel who present a Tax Exemption Card issued by the United States Department of State. Sec. 17-24. Collection. Every person owning, operating, managing or controlling any hotel shall collect the tax imposed in Sec. 17-22 hereof for the City of Schertz, Texas. After the hotel operator has properly fIled all reports required by Sec. 17-25 and paid to the City all amounts required to be so paid under Sec. 17-25 for two consecutive calendar quarters, the hotel operator shall be entitled to apply to the City for the right thereafter to retain one percent (1%) of the hotel occupancy tax shown on a properly fIled report as due to the City as reimbursement for the operator's administrative cost for collecting the tax. However, as provided in Sec. 17-28, this reimbursement may be forfeited at the discretion of the City if the hotel operator fails to timely pay over the tax or timely fIle a report as required by the City or fIles a false report with the City. Sec. 17-25. Reports. On the last day of January, April, July, and October of each year, every person required in Section 17-24 hereof to collect the tax imposed 0200829 -3- herein shall fIle a report with the Tax Assessor/Collector showing the consideration paid for all room or sleeping space occupancies in the preceding Quarterly Period, the amount of tax collection on such occupancies, and any other information as the Tax Assessor/Collector may reasonably require, which report shall be in writing. Such person shall pay the tax due on such occupancies at the time of fIling such report. Sec. 17-26. Tax Assessor/Collector Responsibilities. The Tax Assessor/Collector shall adopt such procedures, rules, and regulations as are reasonably necessary to effectively collect the tax levied herein and shall, upon request of any person owning, operating, managing, or controlling any hotel, furnish a copy of such procedures, rules, and regulations for the guidance of such person and to facilitate the collection of such tax as such collection is required herein. Such procedures, rules, and regulations shall be in writing and a copy thereof shall be placed on fIle with the City Secretary. The Tax Assessor/Collector shall have the authority to have access to books and records during reasonable business hours as shall be necessary to enable the Tax Assessor/Collector to determine the correctness of the amount due under the provisions of this Article or to determine whether or not a report should have been fIled and the amount, if necessary, of taxes due. Sec. 17-27. Use of Proceeds. The revenues derived from the tax levied by this Article shall be used by the City of Schertz for those purposes authorized under Section 3(c) of Article 1269j-4.1 of Texas Revised Civil Statutes, as amended, and/or Section 351.101, Texas Tax Code, as amended, or as otherwise permitted by law. Sec. 17-28. Penalty. Any person who fails to fIle a report as required herein or fIles a false report or fails to pay the Tax Assessor/Collector the tax imposed herein when said report or payment is due shall forfeit fIve percent (5%) of the amount due as a penalty and, after the fIrst thirty (30) days, shall forfeit an additional fIve percent (5%) of such tax. However, such penalty shall never be less than one dollar ($1.00). Delinquent taxes shall draw interest at the rate of ten percent (10%) per annum, beginning sixty (60) days from the due date. Any person violating any of the provisions of this Article, including hotel operators who fail to collect the tax, fail to fIle a return, fIle a false return, or who are delinquent in their tax payment, shall be guilty of a misdemeanor and shall, upon conviction, be fIned a sum not to exceed fIve 0200829 -4- hundred dollars ($500). Each twenty-four (24) hours of any such violation shall constitute a separate offense. The City, through its City Attorney, is hereby authorized to take the following actions against any person required to collect the tax imposed by this Article and pay the collection over to the City and who has failed to fIle a report, fIled a false report, or failed to pay the tax when due: (a) require the forfeiture of any revenue the City allowed the hotel operator to retain for its cost of collecting the tax; (b) bring suit against the hotel for non-compliance; and/or (c) bring suit against the hotel seeking any other remedies provided under Texas law. Sec. 17-29. AnminiRtrative Requirements. The City Council may, by contract, delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax imposed by this Article. The City Council shall approve in writing in advance the annual budget of the entity to which it delegates those functions, and it shall require the entity to make periodic reports to the City Council at least annually listing the expenditures made by the entity of revenue from the tax provided by the City. The entity must maintain the revenue provided by the City from the tax in a separate bank account established for that purpose and may not commingle that revenue with any other money or maintain it in any other bank account. The City may not delegate to any person or entity the management or supervision of its convention and visitors program and activities funded with revenue from the hotel occupancy tax other than by contract as provided herein. The approval by the City Council of the annual budget of the entity to which these functions are delegated creates a fIduciary duty in the person or entity with respect to the revenue provided by the City to the person or entity under the contract. 0200829 -5- A person or entity with whom the City contracts to conduct authorized activities shall maintain complete and accurate fInancial records of each expenditure of hotel occupancy tax revenue made by the person or entity and, on request of the City Council or other person, shall make the records available for inspection and review. Hotel occupancy tax revenue may be spent for day-to-day operations, supplies, salaries, offIce rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing of expenditures hereinbefore authorized. The portion of the total administrative costs for activities for which hotel occupancy tax revenue may be used may not exceed the administrative costs actually incurred in conducting the authorized activities. Hotel occupancy tax revenue may not be spent 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 the person's job in an effIcient and professional manner. SECTION 2. All ordinances and parts of ordinances in conflict with the terms of Chapter 17, Article III, of the Code of Ordinances, as amended by this Ordinance, are hereby repealed. SECTION 3. This Ordinance shall be and become effective immediately upon its fInal passage and adoption by the City Council and the publication hereof as required by the City Charter. APPROVED ON FIRST READING, the 5):1 day of ';7JJ~ , 1996. PASSED, APPROVED, AND ADOPTED on the ltiti day of '7J;a-i:..eL, 1996. (?'4~<- Mayor, City of Schertz, Texas ATTEST: ~>'4-' ~~ City Secretary, City of Schertz, Texas (SEAL) 0200829 -6- February 23, 1996 TO: FROM: Mayor and City Council Kerry R. Sweatt, City Manager ~~~J! ,/ Proposed rev~s~on to Chapter 17 City Code relating to room occupancy tax SUBJECT: As you know, we adopted a 7% hotel/motel occupancy tax quite some time ago (1984). With the advent of the Ramada Inn opening, we find some updating to be in order. The attached proposed revision recognizes changes and additions to the State law since our original adoption and provides authority to contract for expenditures to other public or private groups for authorized purposes and allows the payment of 1% of the amount collected back to the operator as administrative cost for collecting the tax under certain conditions (see Sec. 17-24). While we do not currently have plans to contract with others for conducting activity authorized under the State law, I believe it would be appropriate to state the authority to do so now as you are making the other amendments. We believe the proposed changes are appropriate and recommend adoption of the ordinance. THE STATE OF TEXAS, PUBLISHER'S AFFIDAVIT , ' -I i1rL'!i. /".1 'j~f/ ~-rl;J // ~l~ r ,y# L/f u>>Jtc f-CJ> $}fIf1 " I County of Guadalupe Before me, the undersigned authority, on tlils date personally appeared L. A. REYNOLDS known to me, who, being by me duly swom, on his oath deposes and says that he is the Advertising Director of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore- Sworn to and subscribed before me, this 14th day of times before the retum day named therein, AN ORDINANCE n AN OROINANCE BY. THE ctrv COUNClt BY THE CITY COUNCIL OF THE CITY Of 9F TrE CITY OF ~SCHERTZ, TEXAS, PRO, SCHERTZ, TEXAS, PRO- VIDING THAT THE CODE VIOING THAT THE CODE OF ORDINANCES, CITY OF ORDINANCES CITY OF SCHERTZ, TEXAS, BE , 'AMENDED BY DELETING' OF SCHERTZ, TEXAS. BE CHAPTER 17, ARTICLE III. AMENDED BY DELETING ROOM OCCUPANCY CHAPTER 17, ARTICLE III, TAX, AND REPLACING ROOM OCCUPANCY THE SAME WITH ARE, TAX, AND REPLACING VISED CHAPTER 17, AR, THE SAME WITH A RE- TICLE III, ROOM OCCU, VISED CHAPTER 17, AR- TICLE III. ROOM OCCU- PANCY TAX; REPEALING ~ ALL OROINANCES OR PANCY TAX; REPEALING ~) PARTS OF ORDINANCES ALL ORDINANCES OR IN CONFLICT AND PRO- PARTS OF ORDINANCES, , IN CONFLICT; AND PRD- ~, VI DING AN EFFECTIVE VI DING AN EFFECTIVE - DATE, 'DATE. Approved on first reading the 5th day of March, 1996, A.D., 19..9.Ji. Norma Althouse, City Sec- retary _" Approved on first reading the OROINANCE 96- T-5 5th day of March, 1996, BY THE CITY COUNCIL Norma Althouse, OF THE CITY OF Ci~cre~ ..__,_ SCr;ERTZ, TEXAS, PRO- n j) VIDING THAT THE CODE '-rrt ...J. 175: ", /J /J OF ORDINANCl':S, CITY O~ ' ~OF SCHERfZ, TEXAS, BE AMENDED BY DELETING CHAPTER 17, ARTICLE III, _ ROOM OCCUPANCY Notary Public, Guadalupe County, Te)TAX, AND REPLACING SAME WITH A REVISED CHAPTER 17, ARTICLE III, ROOM OCCUPANCY TAX; REPEALING ALLOR. D1NANCES OR PARTS OF ORDINANCES IN CON- FLICT; AND PROVIDING AN EFFECTIVE DATE, Passed, Approved and Adopted the 20th day of March, 1996 --- Norma Altho~se City Secretary , 11 0 Lej'" tlces --------- going AD was published in said newspaper 2 such publications being on the following dates: MARCH R, 1996 MARCH 14, 1996 and a newspaper copy of which is hereto attached. MARCH ....~"""""," /:...$'t:,,;~,PI.JG \11 f<i:~; '-^ --'{/c\/, MARGARET l. CLARKSON 'i ; ~"~':7 . ~ NotaryPlIboc.StlteotTem ~/. \. 0,\/ j MfCOffim\SSjonEJqJiresJan.14, i993 \;:~~r"'1~:~I"'''f 1,,-.;,,;:--"'-- THE STATE OF TEXAS, PUBLISHER'S AFFIDAVIT , . 1 yJ.d-.i'~_1 /50 jvY'-. ~ 90 ~!hf /~"-tv. ~7 Li,~yl1 \)/,.jtJ L,e. ,)~ ~'r JP I County of Guadalupe Before me, the undersigned authority, on th'is date personally appeared L. A. REYNOLDS known to me, who, being by me duly swam, on his oath deposes and says that he is the Advertising Director of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore- going AD was published in said newspaper 2 times before the retum day named therein Legal Notices such publications being on the following dates: and a newspaper copy of which is hereto attached. ~ ORDINANCE 96- T-5 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PRO- VIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY DELETING CHAPTER 17, ARTICLE III, ROOM OCCUPANCY TAX, AND REPLACING SAME WITH A REVISED CHAPTER 17, ARTICLE III, ROOM OCCUPANCY TAX; REPEALING ALL OR, DINANCES OR PARTS OF ORDINANCES IN CON- FLICT; AND PROVIDING AN EFFECTIVE DATE. Passed, Approved and Adopted the 20th day of March, 1996, Norma Althouse. A.D., 19--9.6. City Secretary MARf'H ?4, 1 qqr; MARCH ;;>8, 1996 Sworn to and subscribed before me, this ;;>9th day of MARCH f-::;;~:;~:::::~- t {.-"~, >L_,r\,~ MA~GARET L. CLARKSON \ ~,~ . ~ f~,:'l2T'{"I,lli~~ Sla!~:)ITE.:;r; ~{ 'Ii I M/[:lJmmi~I(,n~I~~Jaf114, j991\ I,..;',; ~\,;",:;: ,~~~~_~/ '-~ fv-\O<--<-~~ of ~ Notary Public, Guadalupe County, Texas I,i I I: II i: " " , " I:, I I II 'I I,