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R-80-289 - 4/24/1980RESOLUTION NO. rWq/(2 WHEREAS, the City Council adopted a Hotel Occupancy Tax ordinance on December 13, 1979, and WHEREAS, the proceeds from said tax are to be used to promote tourism, and WHEREAS, the Round Rock Chamber of Commerce has exper- tise in the field of tourist promotion, and WHEREAS, the City Council desires to contract with the Round Rock Chamber of Commerce to use the proceeds of the Hotel Occupancy Tax for said promotion, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT The Mayor is hereby authorized and directed to execute on behalf of the City, a contract with the Round Rock Chamber of Commerce, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this _Y day of April, 1980. ATTEST: • NNE LAND, City Secretary �i RRY L. ONE, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE'PRESENTS THIS AGREEMENT is entered into on the date entered below by and between the City of Round Rock, Williamson County, Texas, hereinafter called "City" and the Round Rock Chamber of Commerce, a non - profit corporation, hereinafter called "Chamber" as follows: In accordance with the authorization of Ordinance No. 733, approved and adopted by the City on the 13th day of December, 1979, the City does hereby agree and contract to pay /J over to the Chamber each quarterly period a sum equal to 1T21ttvkdpercent ( / 60 %) of the net proceeds collected each quarter under the Hotel Occupancy tax by the City and hereby authorizes the City Tax Assessor - Collector to pay such amount each quarter beginning April, 1980. II. It is understood that the City enters into this contract with Chamber under its power to delegate the functional and administrative work of expending said monies for the public purposes contained in said Ordinance, and it is understood that said Ordinance and this contract constitute the authori- ty for Chamber to perform said work. III. The Chamber agrees and contracts to receive, conserve and expend said funds by and through the direction of its Board of Directors and to use its special knowledge, facili- ties and experience for the purpose of advertising or pro- moting the tourist and convention industry of the City and its extra - territorial jurisdiction and to include but not necessarily limited to the following: newspaper, radio, tele- vision and magazine advertising, brochures, folders and other literature distributable to tourist and convention organ- izers, activities to attract tourists and conventions, reason- able and necessary travel expenses incurred therefor, reason- able overhead expenses and other advertising and promotional activities for such purposes. IV. This initial term of this contract shall be from date of execution hereof until September 31, 1980. Thenceforth, this contract shall continue in full force and effect from year to year unless either party hereto shall elect to terminate the same, and notice of such termination shall be given not less than sixty (60) days nor more than ninety (90) days prior to September 31, of each year. It is understood that the appropriation of funds shall be only those funds collected under the City's Hotel'Occu- pancy tax and none other. ATTEST: v. J (ANNE LAND, City Secretary ATTEST: 1 JLLti) Vi lea Secretary CITY OF ROUND ROCK Bv: RRY L. TONN, Mayor CHAMBER OF COMMERCE By: / s / / / Presi ent w Mayor Larry L. Tonn Mayor Pro —tem Mike Robinson Councilman Lawrence Hester Councilman Pete Correa Councilman Graham Howell Councilwoman Trudy Lee Councilman Joe Baker Dear Council Members: The attached letter from Mr. Bob Griffith, Chairman of our Tourism Committee, is self explanatory concerning our request. We believe our Chamber of Commerce is the most qualified organization to promote tourism and to extend many of these services we are already providing in this area. Your additional funding would allow us to expand into many areas for the benefit and best interest of Round Rock. If you have any questions or comments, please feel free to give us a call. Very truly yours, Jim Boles, President Round Rock Chamber of Commerce JB /mhw Enclosures "Good Living with a Proud Heritage ..." Round Rock, Texas Area Code 512 - 255-5805 HISTORIC PALM HOUSE Circa 1876 — Museum and Office CHAMBER OF COMMERCE Round Rock, Texas 78664 April 21, 1980 TO: Round Rock City Council FROM: Round Rock Chamber of Commerce Tourism Committee SUBJECT: Tourism Budget Members of the Council: If you would, please consider this as a request in reference to your Ordinance #733 regarding an occupancy tax for the City of Round Rock; particularly Section 3, Subhead b, concerning contract on an annual basis with an organization selected by the city etc. On behalf of the Round Rock Chamber of Commerce and its Tourism Committee, we would be interested in a resolution by our City Fathers to grant such a contract to the Round Rock Chamber of Commerce. Attached is a proposed budget for the Tourism Committee that we hope will meet with your approval. At your convenience, the Round Rock Chamber of Commerce Tourism Committee stands ready to meet and discuss plans in particular. Most sincerely, Robert G. tariff Chairman, Tourism Committee ROUND ROCK CHAMBER OF COMMERCE TOURISM BUDGET Jan., 1980 to Dec., 1980 Income: Tourism Brochures -0- -0- Float -0- -0- Travel -0- -0- Advertising -0- -0- Bostage -0- -0- Special Gifts 500.00 Hotel /Motel Tax 4500.00 CofC Budget 1500.00 mm Expenses: $6500.00 Proposed 1980 Tourism Brochures 3000.00 Float 500.00 Travel 150.00 Advertising 1200.00 Postage 200.00 Professional Dues 200.00 glide Production 1250.00 Proposed Actual 1980 1980 $6500.00 Actual 1980 To: s $ >W`^ From: Date: VA/ A C T I O N T A B ❑ For Your Comments F or Your Approval T ake Appropriate Action eply & Send toe Copy ❑ For Your Information ❑For Your Signature ❑ Note & Return ❑ Note & File ❑ Call Me ❑ See Me Comments: ORDINANCE NO. 13 J AN ORDINANCE LEVYING AN OCCUPANCY TAX FOR THE CITY OF ROUND ROCK, DEFINING CERTAIN TERMS; LEVY- ING THE TAX; PROVIDING FOR A RATE AND PROVIDING FOR EXCEPTIONS; PROVIDING FOR THE DISPOSITION OF THE REVENUE; PROVIDING FOR THE COLLECTION OF THE TAX; PROVIDING. FOR QUARTERLY REPORTS; PROVIDING FOR RULES AND REGULATIONS; PROVIDING FOR VIOLA- TIONS AND PENALTIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEAL- ING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: Section 1. Definitions. As used herein, the following terms and phrases are defined as follows: (a) "Consideration" shall mean the cost of the room in a hotel only if the room is one ordinarily used for sleeping, and shall not include the cost of any food served or personal services rendered to the occupant of such room not related to the cleaning and readying of such room for occupancy. (b) "Hotel" shall mean any building or buildings in which—the public may, for a consideration, obtain sleeping accommodations. The term shall include hotels, motels, tour- ist homes, houses, or courts, lodging houses, inns, rooming houses, or other buildings where rooms are furnished for a consideration, but "hotel" shall not be defined so as to include hospitals, sanitariums, or nursing homes. (c) "Permanent resident" shall mean any occupant who has or shall have the right to occupancy of any room or rooms in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year. (d) "Person" shall mean any individual, company, corpora- tion, or association owning, operating, managing or control- ling any hotel. (e) "Occupancy" shall mean 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 the occu- pant's use, possession, or right to use or possession extends for a period of less than thirty (30) days. (f) "Occupant" shall mean anyone, who, for a considera- tion uses, possesses, or has a right to use or possess any room in a hotel if the room is one ordinarily used for sleeping. (g) "Quarterly Period" shall mean the regular calendar quarters of the year, the first quarter being composed of the months of January, February and March, the second quarter being the months of April, May, and June, the third quarter being the months of July, August, and September, and the fourth quarter being the months of October, November and December. (h) "Tax Assessor - Collector" shall mean the Tax Assessor - Collector of the City of Round Rock. Section 2. Levy of Tax, Rate and Exceptions. (a) There is hereby levied a tax upon the cost of occupancy of any sleeping room furnished by any hotel, where the cost of occupancy is at the rate of Two Dollars ($2.00) or more per day; such tax to be equal to _ Percent (A %) of the consideration paid by the occupant of such room, exclusive of other occupancy taxes imposed by other govern- mental agencies. (b) No tax shall be imposed hereunder upon a permanent resident. (c) No tax shall be imposed hereunder upon a corporation or association organized and operated exclusively for relig- ious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or-individual. Section 3. Disposition of Revenue. (a) The revenue derived from the tax authorized herein may only be used for: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities including, but not limited to, civic center convention buildings, auditori- . ums, coliseums,' civic theaters, museums, and parking'areas or facilities for the parking or storage of motor vehicles or other conveyances located at or in the immediate vicinity of the convention center facilities; (2) the furnishing of facilities, personnel and materi- als for the registration of convention delegates or regis- trants; (3) for advertising for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors either by the city or through contracts with persons or organizations selected by the city; (4) the encouragement, promotion, improvement, and appli cation of the arts, including music (instrumental and vocal), dance, drama, folk art, creative writing, architecture, de- sign and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, television, radio, tape and sound recording, and the arts related to the presen- tation, performance, execution, and exhibition of these major art forms; (5) historical preservation and restoration. (b) The City Council may by resolution, contract on an annual basis with persons or organizations selected by the city to pay a portion of the revenue derived from the tax to , said person or organization for the purpose of advertising and conducting solicitation programs to acquaint potential users with public meeting and convention facilities, and for promotion of tourism and advertising of the city and its vicinity. Section 4. Collection. Every person owning, operating, managing or controlling any hotel shall collect the tax imposed herein for the City of Round Rock. Section 5. Reports. On the last day of the month following each quarterly period, every person required in Section 4. hereof to collect the tax imposed herein shall file a report with the Tax Assessor - Collector showing the consideration paid for all room occupancies in the preceding quarter, the amount of tax collected on such occupancies, and any other information as the Tax Assessor - Collector may reasonably require. Such per- son shall pay the tax due on such occupancies at the time of filing such report. Section 6. Rules and Regulations. The Tax Assessor - Collector shall have the power to make such rules and regulations as are necessary to effectively collect the tax levied herein, and shall upon reasonable notice have access to books and records necessary to enable him to determine the correctness of any report filed as required herein and the amount of taxes due under the provi- sions herein. Section 7. Violations and Penalties. (a) If any person required by the provisions herein to collect` the tax improved herein, make reports as required herein, and pay to the Tax Assessor - Collector the tax im- proved herein, shall fail to collect such tax, file such report, or pay such tax, or if such person shall file a false report, such person shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine not to exceed $200.00. (b) If any person shall fail to file a report as required herein or shall fail to pay to the Tax Assessor -Col- lector the tax as imposed herein when said report or payment is due, he shall forfeit five percent (5 %) of the amount due as a penalty, and after the first thirty (30) days he shall forfeit an additional five percent (5 %) of such tax. Provided, however, that the penalty shall never be less than One Dollar ($1.00). Delinquent taxes shall draw interest at the rate of six percent (6 %) per annum beginning sixty (60) days from the date due. Section 8. Effective Date. This ordinance shall be and become effective on and after January 1, 1980. Section 9. Savings Clause. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Section 10. Repealing Conflicting Ordinances. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. READ and APPROVED on first reading this the day of 4/4717) , 1979. READ, APPROVED and ADOPTED on second reading this the J3 day of De-CJ , 1979. JOANNE LAND, City Secretary LARRY L. TONN, Mayor City oc Round Rock, Texas