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:
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SARA L. WHITE, City Secretary
3
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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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