HomeMy WebLinkAbout731 01-25-1983ORDINANCE NO. 731
AN ORDINANCE AMENDING ARTICLE III OF THE
EULESS CODE PROVIDING FOR A HOTEL OC-
CUPANCY TAX TO REDEFINE THE TERM OC-
CUPANCY AND TO PROVIDE THAT THE TAX
SHALL BE THE MAXIMUM AMOUNT AUTHORIZED
BY LAW; PROVIDING A PENALTY FOR VIOLA-
TION THEREOF; PROVIDING A SEVERABILITY
CLAUSE, PROVIDING AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS, that the hereinafter cited sections of
Article III of Chapter V of the Euless Code shall be and the same
are amended to herewith and hereafter be and read as follows:
I.
Subsection (c) of Section 5 -21. entitled "Definitions."
of Article III of the Euless Code of Ordinances is herewith and
hereby amended to hereafter be and read as follows:
(c) Occupancy: The use or possession,
or the right to the use or possession of
any room or rooms in a hotel if the room
is one ordinarily used for sleeping and
if such use, possession or right of use
or possession does not, at the time same
is provided under lease, concession,
permit, right of access, license, con-
tract or agreement, such lease, con-
cession, permit, right of access, li-
cense, contract or agreement is for a
period of less than thirty (30) con-
secutive days.
II.
Section 5 -22. entitled "Levy of tax; rate; exemptions." of
Article III of the Euless Code of Ordinances is herewith and
hereby amended to hereafter be and read as follows:
"There is hereby levied upon the cost of oc-
cupancy of any room or space furnished by any
hotel within the City of Euless where such cost
of occupancy is at the rate of two dollars
($2.00) or more per day, a tax equal to the
maximum tax then allowed by law to be assessed
and levied by the City of Euless upon the
consideration paid for the occupancy of such
room to such hotel; provided, that no tax shall
be imposed hereunder upon a corporation or
association authorized exclusively for relig-
ious, charitable or educational purposes, no
part of the net earnings of which inures to the
benefit of any private shareholder or indi-
vidual.
III.
Penalty for Violation.. Any person, firm or corporation
violating any of the terms and provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount not to exceed $200.00.
Each such violation shall be deemed a separate offense and shall
be punishable as such hereunder.
IV.
Severability Clause. That it is hereby declared to be the
intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or sec-
tion.
V.
Effective Date. This ordinance shall be in full force and
effect from and after its passage and publication as provided
by the Euless City Charter and the laws of the State of Texas.
VI.
Emergency Clause. By the affirmative vote of four or more
of its members, the City Council declares that this is an
ordinance for the immediate preservation of the public peace,
property, health, and safety, and is an emergency measure
within the meaning of Article II, Section 11 of the City
Charter; and the requirement that it be read at two meetings,
as specified in Section 11, is hereby dispensed with.
PRESENTED AND PASSED on first and final reading on the
25th day of January , 1983, at a regular meeting of the
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City Council of the City of Euless, Texas, by a vote of 5
ayes, 0 nayes, and .0 abstentions.
ATTEST:
Kay Ra0py, City Se etary
V,
APRROVF,$ AS TO EORM:
Bob McFarland,'City(Attorney
APPROVED:
Harold I wTNW
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