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R-11-05-26-11B4 - 5/26/2011RESOLUTION NO. R -11-05-26-11B4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, DESIGNATING THE PROPOSED SPORTS COMPLEX AS A "VENUE PROJECT" UNDER CHAPTER 334 OF THE TEXAS LOCAL GOVERNMENT CODE; DESIGNATING THE METHOD OF FINANCING TO BE USED TO FINANCE THIS VENUE PROJECT; AND CONTAINING OTHER PROVISIONS RELATED TO AUTHORIZING THIS VENUE PROJECT WHEREAS, the City Council ("City Council") of the City of Round Rock, Texas ("City") desires to provide for the planning, acquisition, establishment, development, construction, renovation, operation or maintenance of a venue project ("Venue Project") as authorized by, and defined in, Chapter 334, Texas Local Government Code, as amended ("Chapter 334"), which is described in Section 2 below; and WHEREAS, if the Venue Project described herein is approved by the voters under Chapter 334, the City may use money received from one or more additional taxes approved by the voters as described herein to reimburse or pay the costs of planning, acquiring, establishing, developing, constructing, renovating operating or maintain such approved Venue Project, or pay the principal and interest on, and other costs relating to bonds or other obligations to finance the Venue Project; and WHEREAS, Chapter 334, Section 334.024, authorizes the City to order an election on the question of approving and implementing this Resolution and approving this Venue Project and the method of financing; and WHEREAS, Chapter 334, Section 334.022, requires the City, before calling an election to send a copy of this Resolution to the State Comptroller, who shall before the 15th day after the date she receives a copy of this Resolution, (1) perform an analysis to determine if approval and implementation of this Resolution will have a significant negative fiscal impact on state revenue, and (2) provide the City written notice of the results of the analysis; and WHEREAS, Chapter 334, Section 334.022, further provides that if the Comptroller determines that implementation of this Resolution will have a significant negative fiscal impact on state revenue, the written analysis required thereunder must include information on how to change this Resolution so that implementation will not have a significant negative fiscal impact on state revenue; and WHEREAS, Chapter 334 provides that if the Comptroller determines that implementation of this Resolution will not have a significant negative impact on state revenue or if the Comptroller has not provided the analysis by the 30th day, the City Council may order an election on the question of approving and implementing this Resolution; and WHEREAS, the City Council further desires to authorize and direct the City Manager to forward a copy of this Resolution to the State Comptroller as required by Section 334.022 for her review and analysis as prescribed therein, prior to the City Council's consideration of an order calling an election under Chapter 334; and O:\wdox\SCC1nts\0112\ 1104\MUNICIPAL \00222838 DOC WHEREAS, if the Comptroller determines under Section 334.022 and 334.023 that the implementation of this Resolution will not have a significant fiscal impact on state revenue, the City Council will call an election on the Venue Project designated in Section 2 below, and allow the voters of the City to vote for or against the Venue Project and the imposition of one or more additional taxes as described herein for the financing thereof; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK: SECTION 1. INTENTION TO PROVIDE FOR A VENUE PROJECT. The City Council does hereby adopt this Resolution to provide for the planning, acquisition, establishment, development, construction, renovation, operation or maintenance of a "Venue Project" as defined by Chapter 334, and as described herein, and to provide for the financing thereof by the imposition of one or more additional taxes as set forth in Section 3, together with any other lawfully available funds, to fund the Venue Project designated in Section 2 below as authorized by Chapter 334, upon approval of this Venue Project and the method of financing thereof, by the voters of the City at an election to be called by the City Council. SECTION 2. DESIGNATION OF THE VENUE PROJECT. The City Council does hereby designate the following project authorized by Section 334.001(4)(A) of Chapter 334 as a "Venue Project" and hereby declares its intention to finance and to provide for the planning, acquisition, establishment, development, construction, renovation, operation or maintenance thereof, all pursuant to authority granted by Chapter 334 (referred to herein as the "Venue Project"): A Sports Complex facility which will be a multi-purpose facility that will attract overnight stays and generate tourism revenue for the City of Round Rock The activities scheduled in the Sports Complex will focus on major athletic competitions and events/tournaments, however, consumer shows and other events will also be programmed. The site is located on 22 acres of land located near the intersection of FM 3406 and Chisholm Trail in Round Rock Texas described as follows: Lot 1, Replat of Calcasieu Lumber Addition, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet P, Slide 16 of the Plat Records of Williamson, County, Texas. A survey sketch of the site is attached hereto as Exhibit "A". SECTION 3. DESIGNATION OF THE METHOD OF FINANCING FOR THE VENUE PROJECT. The City Council is proposing to finance the Venue Project, if approved by the voters, through the imposition of one or more of the following additional taxes as authorized by Chapter 334 (i) an additional hotel occupancy tax at a rate not to exceed two percent (2%); (ii) a short-term motor vehicle rental tax at a rate not to exceed five percent (5%) of the gross rental receipts from the rental in the City of a motor vehicle; (iii) an admission tax at a rate not to exceed ten percent (10%) of the price of the ticket sold as admission to an event held at the Venue Project; and/or (iv) a parking tax at a rate not to exceed three dollars ($3,00) for each motor vehicle parked at a parking facility at the Venue Project (collectively, the "Venue Project Taxes"). Prior to calling the Venue Project election, the City 2 Council will designate one or more of the Venue Project Taxes and the related maximum rates to be voted on by the voters. In connection with the issuance of any bonds or other obligations for the Venue Project, the City may, within its discretion, utilize other lawfully available funds in addition to one or more of the Venue Project Taxes approved by the voters to finance the Venue Project. SECTION 4. AUTHORIZING AND DIRECTING CITY MANAGER TO SUBMIT RESOLUTION TO STATE COMPTROLLER. The City Council does hereby authorize and direct the City Manager to submit a copy of this Resolution to the State Comptroller, as required by the provisions of Section 334.022 of the Code, for her review and analysis as required by the provisions of such Section. Upon receipt of notice from the Comptroller that she has determined that implementation of this Resolution will not have a significant negative impact on state revenue, the City Manager is authorized and directed to bring before the City Council for its consideration an ordinance or resolution calling an election pursuant to the authority and requirements of Chapter 334. SECTION 5. INCORPORATION OF RECITALS. The City Council hereby finds that the statements set forth in the recitals of this Resolution are true and correct, and the City Council hereby incorporates such recitals as a part of this Resolution. SECTION 6. SEVERABILITY. If any provision of this Resolution or the application thereof to any circumstance shall be held to be invalid, the remainder of this Resolution and the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 7. EFFECTIVE DATE. This Resolution shall take effect immediately, upon adoption by the City Council. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of May, 2011. ATTEST: 4440_ (AQW0Z-- SARA L. WHITE, City Secretary 3 ALAN MCGRAW, Mayor City of Round Rock, Texas EXHIBIT "A" SURVEY SKETCH LEROY L AND RUTH S. LANCE VOL 1462. PC. 340 (REYAINER 306...0 AC) �._A0.y, l ;The P1aWrty d.0.0e. hereon 4 eastern. Mak flood 'Tae w 1"02ls6 n F1R4. 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Dote July }, 2003 ' tt-f,d:.'3":.->•:� 070.0* 40, 25, 2007 T45 50R1E7 PUT IS VALID 011.7 17 IT BEARS 111E 060NAL SEAL OF THE MOVE ARLETOR terra LAND SURVEYING firma mwrew....LAM m • Ogiel..le. ,r. • 812.er-/6rs • for .1.1/4.0 -Zell, ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY City Council Agenda Summary Sheet Agenda Item No. 1164. Agenda Caption: Consider adopting a Resolution designating the proposed sports complex as a "Venue Project" under Chapter 334 of the Texas Local Government Code, and authorizing the submission of same to the Texas Comptroller's office." Meeting Date: May 26, 2011 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: Currently, the City is considering constructing and operating a Sports Complex (Venue Project) facility. This will be a multi-purpose facility that will attract overnight stays and generate tourism revenue for the City of Round Rock. The activities scheduled in the Sports Complex will focus on major athletic competitions and events/tournaments, however, consumer shows and other events may also be programmed. The site is located on 22 acres of land located near the intersection of FM 3406 and Chisholm Trail in Round Rock, Texas as set forth in Exhibit "A." Before a decision can be made to operate and construct the Sports Complex as a Venue Project under Chapter 334 of the Local Government Code, the City must obtain approval from the Texas Comptroller. The purpose of this review is to determine if the proposed Sports Complex would have a significant negative fiscal impact on State revenues. The Comptroller has 30 days to review the request. This resolution will allow for the City to submit the proposed Venue Project to the comptroller for the required approval. If it has a significant negative fiscal impact on State revenues, then the City would need to reconsider the facility use. Once approval from the Comptroller is obtained, the City can consider holding an election to increase the Hotel Occupancy Tax collected from 7% to 9%. This additional 2% is designated specifically to help fund the Venue Project. The City also has the option to consider other venue related taxes set forth in Chapter 334 of the Local Government Code. This resolution DOES NOT obligate the City to hold an election. Background: The current Hotel Occupancy Tax collected by the City of Round Rock is 7%. The City has been collecting these hotel taxes since 1988. Hotel Occupancy Taxes are imposed on a person who pays for a room or space in a hotel costing $15 or more each day. Local hotel taxes apply to sleeping rooms costing $2 or more each day. The State hotel occupancy tax collection rate is 6% Strategic Plan Relevance: 8.0 — Maintain and enhance public confidence, satisfaction and trust in City Government. 13.0 — Continue and enhance sound business and financial practices and tools. Cost: N/A Source of Funds: N/A Date of Public Hearing (if required): N/A Recommended Action: Approval