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Home My WebLink About2195 06-12-2018 ORDINANCE NO. 2195 AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING CHAPTER 78 "TAXATION," ARTICLE IV "HOTEL OCCUPANCY TAX" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS BY EXEMPTING EXTENDED STAY OCCUPANTS FROM THE PAYMENT OF HOTEL OCCUPANCY TAX; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has determined that public facilities and services in general benefit and are enjoyed by visitors to the City of Euless and that entertainment, meeting and other public convenience facilities are provided for the special use, convenience and benefit of visitors; and WHEREAS, in order to equally and uniformly allocate the cost of financing the establishment and maintenance of public convenience facilities the City has adopted a hotel occupancy tax to be paid by the persons for whom the facilities are being provided and who make use of the facilities from time to time, and WHEREAS, the City Council desires to require payment of hotel occupancy taxes when each individual occupant occupies a room for 30 days or less. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Section 78-121 of the Code of Ordinances of the City of Euless, Texas, is hereby amended by amending the definition of "Occupancy" and adding the definition of "Extended Stay Occupant" to read as follows: "Sec. 78-121 Definitions Occupancy means the use or possession, or the right to the use or possession, of any room 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 such room is provided to each individual occupant under lease, concession, permit, right of access, license, contract or agreement is for a period of less than 30 consecutive days. Extended Stay Occupant means an individual occupant whose right to the use or possession of a room, and whose actual use or possession of the room, extends for at least thirty (30) consecutive days and where there is no interruption of payment or change in occupant for the period." SECTION 2. Section 78-122 of the Code of Ordinances of the City of Euless, Texas, is hereby amended to read as follows: "Sec. 78-122 Levy of tax; rate; exemptions (a) There is hereby levied upon the consideration paid for any room or space furnished by any hotel within the city where such cost of occupancy is the rate of $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 upon the consideration paid for the occupancy of such room. (b) This tax does not apply to a person who is an Extended Stay Occupant as defined herein." SECTION 3. 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 accordance with Section 1-12 "General Penalty", Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder for violation of an ordinance governing building regulations. SECTION 4. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances governing buildings and building regulations that 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, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 2195, Page 2 of 3 SECTION 6. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless 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 invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase. SECTION 7. PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed to publish in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. SECTION 8. 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. PRESENTED AND PASSED ON FIRST AND FINAL READING at the regular meeting of the Euless City Council on June 12, 2018, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: Linda Martin, Mayor ATTEST: Sutter, f RMC, City Secretary APPROVED AS TO FORM: Wayne K. Olson, City Attorney Ordinance No. 2195, Page 3 of 3 Star-Telegrjgp Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegrant Northeast i Weatherford Star-Telegrarn star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 1 800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount I Cols I Depth 600565 0003714803 CITY OF EULESS ORDINANCE NO.2195 AN OI ORINANCE NO.2195 $41.04 1 57.00 Li Attention: THE STATE OF TEXAS CITY OF EULESS County of Tarrant 201 N ECTOR DR EULESS,TX 760393543 Before me, a Notary Public in and for said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star-Telegram, published by CITY OF EULESS the Star-Telegram, Inc.at Fort 2195 AN ORDINANCECOF NO.OFCITY OF Worth, in Tarrant County, Texas; and CHAPTER 78 XTAXgAS AMENDINGI " who, after being duly sworn. did TICLE IV "HOTEL OCCUPANCY depose and say that the attached TAX" OF THE CODE OF ORDI- NANCES OF THE CITY OF EU- clipping of an advertisement was LESS BY EXEMPTING EXTEND- ED STAY OCCUPANTS FROM published in the above named paper THE ENT OF HOTEL OC- CUPANCYMTAX- PROVIDING q on the listed dates: PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVID- ING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL SOEVERABILETY CLAUSE,NPRO- VIDING FOR PUBLICATION; 2 Insertion(s) AND PROVIDING AN EFFECTIVE DATE, Published On: PENALTY FOR SECTION 3. June 14,2018,June 15,2018 Person,firm,or corporation vio lating any of the terms and pro- visions of this ordinance shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be fined in accord- ance with Chapter 1, "General Provisions,"Section 1-12,"Gen- eral Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate of- fense and shall be punishable as such hereunder. PUBLICATION CCIA USE.The City Secretary of the City of Euless t hereby directed a publish e �y(' the Of official newspaper re the Section 121ofsA Article as Qltofdthe Charter of the City of Euless. (Principal Clerk) EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage, as SUBSCRIBED AND SWORN TO provided by the Euless City BEFORE ME,THIS 20th day of Charter and the laws of the 4State of P.F..Sf:1 ED Texas.AND PASSED oN June in the year of 2018 FIRST AND FINAL READING at a regular meeting of the Euless City Council on June 12, 2018, by a vote of 7ayes,0 nays,and 0 abstentions. Notary Public-Deborah Bay or DEBORAH JEAN BAYLOR Notary Public, State of Texas Comm. Expires 10-29-2019 Notary ID 13042344-2