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HomeMy WebLinkAbout023684 ORD - 06/29/1999AN ORDINANCE INCREASING THE HOTEL OCCUPANCY TAX OF THE CITY OF CORPUS CHRISTI TO NINE PERCENT FOR THE PURPOSE OF IMPROVING THE CITY'S CONVENTION CENTER, IN ACCORDANCE WITH HOUSE BILL 1655, 1999 TEXAS LEGISLATURE; CONFORMING LANGUAGE RELATED TO THE CITY'S HOTEL OCCUPANCY TAX TO STATE LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. WHEREAS, the 1999 Legislature enacted House Bill 1655, which is now effective, authorizing an increased hotel occupancy tax for convention center purposes; and WHEREAS, the City of Corpus Christi wishes to take advantage of the authority in House Bill 1655 to improve its convention center. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 17-36 of the Code of Ordinances of the City of Corpus Christi is amended to hereafter provide as follows: Sec. 17-3. Same - Levy of taxes; rates; exceptions. (a) There is hereby imposed levied, as authorized by and for the purposes provided in Chapter 351. Texas Tax Code .. - . ' - ..... . ' ' , a tax of nine percent of the price paid for a room in a hotel on a person who. under a lease. concession. permit. right of access. license. contract. or agreement. pays for the use or possession or for the right to the use or possession of a room that is in a hotel. costs $2 or more each day. and is ordinarily used for sleeping (b) No tax shall be imposed hereunder upon a permanent resident. SECTION 2. The definition of "hotel" in Section 17-35 of the Code of Ordinances of the City of Corpus Christi is amended to hereafter provide as follows: As used in sections 17-36 through 1740, the following words, terms and phrases are defined as follows: r* 9JRB0500.028 r 0231384 2 Hotel: A building inwhich _members of the public obtain sleeping accommodations for consideration. The term includes a hotel. motel. tourist home. tourist house. tourist court. lodging house inn. rooming house or bed and breakfast. The term does not include. (1) a hospital sanitarium_ or nursing home: or (2) a dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education as those terms are defined by Section 61.003. Education Code. used by the institution for the nurnose of providi g sleeping accommodations for persons engaged in an educational program or activity at the institution "l.ut.l ' shall not be dcfi...,d so as to i,ielnde-hospitals; so :tans o. nursing hei..ea, SECTION 3. This ordinance shall be effective as to a room occupied by a person on or after August 1, 1999. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this city council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this oowl 4ip�nce is passe and shall take effect upon first reading as an aemergency measure this the ' raay of gt_, 1999. 9JRB0500.028 ATTEST: 3 THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor THE CITY OF CORPUS CHRISTI LEGAL FORM APPROVED 14U By: ./ D tbs.6,k yf�4 ri Pvn. Alison Gallaway Assistant City Attorney 9JRB0500.028 ,1999; JAMES R. BRAY, JR., CITY ATTORNEY. 4 Corpus Christi, Texas 0141— `qdday of 1999 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., May Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 9JRB0500.028 CITY OF CORPUS CHRISTI 023i384