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HomeMy WebLinkAbout745 06-28-1983ORDINANCE NO. 745 AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 5 -21 OF ARTICLE III OF THE EULESS CODE PROVIDING FOR A HOTEL OCCU- PANCY TAX TO REDEFINE THE TERM OCCUPANCY BY CORRECTING A TYPOGRAPHICAL ERROR IN ORDINANCE 731; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING A SEVER - ABILITY 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 section of Article III of Chapter V of the Euless Code shall be and the same is 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 of 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, at the time same is pro- vided under lease, concession, permit, right of access, licensd, contract or agreement is for a period of less than thirty (30) consecutive days. II. 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. III. 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. IV. 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. V. 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 28th day of June, 1983, at a regular meeting of th City Council of the City of Euless, Texas, by a vote of ayes, O nayes and abstentions. APPROVED: ATTEST: J Kay Rat y, City Sr.. to y APPROVED A,S�TO FOR arrand; City Attor/hey Harold Samuels, Mayor -2-