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HomeMy WebLinkAbout2019-R-33 - Sports Venue Tax RESOLUTION NO. 2019-R-33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,TEXAS PROVIDING FOR A SPORTS AND COMMUNITY VENUE PROJECT PURSUANT TO CHAPTER 334, AS AMENDED, TEXAS LOCAL GOVERNMENT CODE. WHEREAS, if approved at an election by a majority of the qualified voters of the City of Stephenville, Texas (the "City") voting at an election, the City Council of the City of Stephenville, Texas (the"Council")desires to provide for the planning,acquisition,establishment,development,construction, renovation, and financing of a sports and community venue project (as defined in the Act) under the authority and subject to the provisions of Chapter 334, Texas Local Government Code (the "Act"); and WHEREAS, Section 334.022 of the Act requires that the City, before calling such an election, send a copy of this Resolution to the Comptroller of Public Accounts for the State of Texas (the "Comptroller") to perform an analysis to determine if approval and implementation of this Resolution will have a significant negative fiscal impact on State revenue; and WHEREAS, the Council desires by this Resolution to designate the method of financing one or more sports and community venue projects(described below) as authorized by the Act; and WHEREAS, this Resolution is adopted pursuant to the requirements of and in conformity with Section 334.021 of the Act; WHEREAS, the Council is authorized by Section 334.024 of the Act to order an election on the question of approving and implementing this Resolution and approving each sports and community venue project and the method of financing each sports and community venue project; and WHEREAS, it is hereby 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 STEPHENVILLE,TEXAS: Section 1. The Council designates and, subject to approval at an election held in the City, authorizes a sports and community venue project (as defined in the Act) to include the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of city-owned ballfields, concessions, courts, and recreation facilities for the purpose of enhancing sports tourism in accordance with the statutory requirements for the use of these funds within the City of the type described and defined in Section 334.001(4)(A) of and permitted by the Act. Section 2. The imposition of a hotel occupancy tax 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, at a maximum rate of 2% of the price paid for such room, as and to the extent authorized by Subchapter H of the Act. Section 4.The Mayor or his designee is authorized and directed to send a copy of this Resolution to the Comptroller, together with other information as may be requested by the Comptroller, for a 2019-R-33 HOT Sports Venue Tax Page 1 of 2 determination regarding whether the implementation of this Resolution will have a significant negative fiscal impact on state revenue.Subject to the City's right to appeal an adverse decision by the Comptroller, upon receipt of a favorable written report by the Comptroller,the Council will call an election concerning the approval of this Resolution and, pursuant to Section 334.024 of the Act, with respect to one or more of the aforementioned sport and community venue projects. Section 5.The Council hereby finds that the statements set forth in the recitals of this Resolution are true and correct, and the Council hereby incorporates such recitals as a part of this Resolution. Section 6. 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 all application thereof to other circumstances shall nevertheless be valid, and Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7.This Resolution shall become effective immediately upon its passage. Section S. The Mayor, City Secretary, City Manager, and City Attorney to the City are hereby authorized and directed to approve any technical changes or corrections to this Resolution or to any of the instruments authorized by this Resolution necessary to correct any ambiguity or mistake or properly or more completely document the action and transactions contemplated and approved by this Resolution. PASSED AND APPROVED by a majority vote of the Stephenville City Council on this the 3rd day of _ December, 2019. OF S p , c, k ••. 1' Doug Svien, Mayor Attest: Staci S L. ing, Ci cr tary 0 • •�� PORE Reviewed by A •n L. Barnes, City Manager Approved a to form and legality by Randy Thomas, City Attorney 2019-R-33 HOT Sports Venue Tax Page 2 of 2