HomeMy WebLinkAbout1974-07-02 - Regular City CouncilM •
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REGULAR SESSION - TUESDAY
JULY 2, 1974 - 7:00 P.M.
CHAMBER OF THE CITY COUNCIL
CITY HALL, THE CITY OF STEPHENVILLE, TEXAS
The City Council of the City of Stephenville, Texas, met in regular
session, Tuesday, July 2, 1974, at 7:00 P.M., with Mayor Donald R. Jones,
present and presiding. Councilmen Jim,Chambers, Roy McCoy, Charles Riggins,
Raymond Anderson, Jesse Sexton and Neal Guthrie present.
Councilmen W. M. (Bill) Irwin and Larry Hammett were absent.
Others attending were City Administrator Marshall L. Shelton, City
Attorney Joseph Chandler, City Secretary Joyce Pemberton, Director of
Public Works R. Y. Gann, Director of Utilities Danny Johnson, Director
of Parks and Recreation Ronnie Isham, City Inspector Gene Lookingbill,
and Fire Marshal_..E. W. Ferguson.
Councilman Chambers moved to approve the minutes of the June 4th and
June 18th meetings as written. Councilman Sexton made the second. Motion
carried unanimously.
Mr. Dean Cox, Chairman of the Zoning Board, was present and came be-
fore the Council to present the following recommendations of the Zoning
Board: (1) Issuing a non - conforming permit to Raymond Rhodes for the con-
struction of a warehouse on part of lot 2, block 34, South Side Addition.
After discussion, Councilman Riggins moved, seconded by Councilman
McCoy, to approve the recommendation of the Zoning Board to issue a non -
conforming permit to Raymond Rhodes for the construction of a warehouse
on part of lot 2, block 34, South Side Addition, City of Stephenville,
Texas. Motion carried unanimously.
(2) Change of Zoning from B -2 to "I" or Industrial part of lot 8,
block 3, Sims Addition. ( approximately 10 to 11 acres off the Morgan
Mill Rd.)
After considerable discussion, Councilman Sexton moved, seconded by
Councilman Chambers, that the residents in that area be contacted either
by telephone or personally before the Council considers a zoning change
or before publishing for a public hearing. Motion carried unanimously.
Mayor Jones explained that if all residents had been contacted it
would be discussed at next morning meeting.
Mayor Jones presented Mr. J. Louis Evans, Chairman of the Convention
Tourism Committee of the Chamber of Commerce, to brief the Council on the
proposed hotel -motel occupancy tax.
Mr. Evans explained to the Council that this proposal for the hotel -
motel occupancy tax had been presented to and approved by the Convention
Tourism Committee of the Chamber of Commerce, the hotel -motel operators,
and the members of the Board of Directors of the Chamber of Commerce.
Mr. Evans then asked Mr. Gerald Cook, Manager of the Chamber of Com-
merce, to explain the tax to the Council in more detail.
Mr. Cook explained that this 3% tax revenue, part of which will go to
the City for administration costs, would be used to promote conventions and
tourism for the City of Stephenville.
After discussion, Councilman Anderson moved passage of two ordinances .
on first reading (1) Enacting the assessment and collection of a hotel -
motel occupancy tax, and (2) authorizing a contract between the City of
Stephenville and the Chamber of Commerce for the expending of funds collect-
ed under the City of Stephenville hotel -motel occupancy tax. The motion
was seconded by Councilman Chambers, subject to City Attorney Chandler's
approval. Motion carried unanimously.
City Attorney Chandler explained to the Council that they should
take enough money out of the tax paid to cover the servicing of this
ordinance,
144«,
AN ORDINANCE
PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A HOTEL OCCUPANCY TAX; MAKING
CERTAIN PROVISIONS CONCERNING THE SUBJECT; PROVIDING A CIVIL PENALTY AND A
CRIMINAL PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section 1. The followL ng words, terms and phrases are, for the purposes .
of this ordinance and except where the context clearly indicates a different
meaning, defined as follows:
(a) "Hotel" shall mean any building or buildings, trailer, railroad
pullman car not being utilized for the transportation of travelers,
or other facility in which the public may, for consideration,
obtain sleeping accommodations. The term shall include hotels,
motels, tourist homes, houses or courts, lodging houses, inns,
rooming houses, trailer houses, trailer motels, railroad pullman
cars parked on a siding or otherwise used for sleeping accommoda-
tions not involving the transportation of travelers, space where
bed space is rented to individuals or groups, apartments not
occupied by "permanent residents ", as that term is hereinafter
defined, and all other facilities where rooms or sleeping facili-
ties or space are furnished for a consideration. As defined
herein "hotel" shall not include hospitals, sanitariums, nursing
homes, or college dormitories.
(b) "Consideration" shall mean the cost of the room, sleeping space, or
bed space but shall not include the cost of any food served or
personal services rendered to the occupant not related to cleaning
and readying such room or space for occupancy, and 'shall not
include any tax assessed for the occupancy thereof by any other
governmental agency..
(c) "Occupancy" shall mean the use or possession, or the right to the
use or possession of any room, space or sleeping facility in,a
hotel for any purpose.
(d) "Occupant" shall mean anyone who, for a consideration, use's;
possesses, or has the right to use or possess any room or rooms,
or sleeping space or facility in a hotel under any lease, con-
cession, permit, right of access, license, contract or agreement.
(e) "Person" shall mean any individual, company, corporation, or
association owning, operating, managing or controlling any hotel.
(f) "Tax Collector" shall mean the Tax Collector of the City of
Stephenville.
(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) "Permanent Resident" shall mean any occupant who has or shall have
the right of occupancy of any room or rooms or sleeping space of
facility in a hotel for at least thirty (30) consecutive days
during the current calendar year or preceding year.
Section 2.
(a) There is hereby levied a tax upon the cost of occupancy of any room
or space furnished by any hotel where such cost of occupancy is at the rate
of Two Dollars ($2.00) or more per day, such tax to be equal to three percent
(3 %) of the consideration paid by the occupant of such room to such hotel,
exclusive of other occupancy taxes imposed by other governmental agencies.
1446
(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 religious, charitable or education
purposes, no part of the net earnings of which enures to the benefit of any
private shareholder or individual.
Section 3. Every person owning, operating, managing or controlling any
hotel shall collect the tax imposed by Section 2 hereof for the City of
Stephenville.
Section 4. On the last day of the month following each quarterly period,
every person required in Section 3 hereof to collect the tax imposed herein,
shall file a report with the Tax Collector showing the consideration paid
for all room occupancies in the preceding quarter, the amount of the tax
collected on such occupancies, and any other information the Tax Collector
may reasonable require. Such person shall pay the tax due on such occupancies
at the time of filing such report. There shall also be furnished to the Tax
Collector of the City of Stephenville at the time of payment of said tax a
copy of the quarterly report filed with the State Comptroller in connection
with the State of Texas hotel occupancy tax.
Section 5. The Tax Collector shall have the power to make such rules
and regulations as are reasonable and necessary to effectively collect the
tax levied hereby, 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 by this ordinance and the amount of taxes due under
the provisions of this ordinance.
Section '6. If any person required by the provisions of this ordinance
to collect the tax imposed herein, or make reports as required herein, and
pay to the Tax Collector the tax imposed herein, shall fail to collect such
tax, file such report or pay such tax, or if any such person shall file a
false report, such person shall be deemed guilty of a misdemeanor and upon
conviction be punished by fine not to exceed $200, and shall pay to the
Tax Collector the tax due, together with a penalty of five percent (5 %) of
the tax due for each thirty days that the same is not timely filed.
Section 7. This Ordinance shall be effective from and after the 30th
day of September, 1974. Tax herein levied shall go into effect October 1,
1974.
PASSED AND APPROVED this 2nd day of July, 1974.
ATTEST:
W
City Secretary
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AN ORDINANCE
AUTHORIZING A CONTRACT BETWEEN THE CITY OF STEPHENVILLE AND THE STEPHENVILLE
CHAMBER OF COMMERCE FOR THE EXPENDING OF FUNDS COLLECTED UNDER THE CITY OF
STEPHENVILLE HOTEL -MOTEL OCCUPANCY TAX FOR THE PURPOSE OF PROMOTING THE
TOURIST AND CONVENTION INDUSTRY OF THE CITY OF STEPHENVILLE; AUTHORIZING THE
MAYOR TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF STEPHENVILLE AND TO
CARRY OUT ITS PROVISIONS; AND APPROPRIATING OUT OF THE GENERAL FUND FOR EACH
FISCAL YEAR. THE PROCEEDS OF THE MONEY COLLECTED UNDER THE CITY OF STEPHEN-
VILLE HOTEL -MOTEL OCCUPANCY TAX PASSED ON JULY 2, 1974, LESS ACTUAL COST TO
CITY FOR SERVICE AND COLLECTION COSTS.
WHEREAS, by ordinance passed on July 2, 1974, the City of Stephenville
provided for the assessment and collection of a Three percent hotel occu-
pancy tax within said City as set out in the terms and condiditons of said
ordinance; and
WHEREAS, under the provisions of the hotel -motel occupancy tax ordinance
of Stephenville, the monies collected under said tax ordinance are to be
remitted to the Tax Collector at the end of each quarter of the calendar
year with an additional thirty (30) day grace period prior to the impo=
sition of any penalty; and
WHEREAS, the City Council is of the opinion that the revenues from the
hotel -motel occupancy tax, less actual cost to City for service and collect-
ion expenses, should be utilized for the purpose of advertising and promoting
the tourist and convention industry of-the City of Stephenville and that a
contract with the Stephenville Chamber of Commerce for the ministerial and
administration work of expending said money for saidipu poses is in the public
interest; and
WHEREAS, the City Council finds that the advertising and promotion of the
growth,of the tourist and convention industry of the City is a public munici-
.pal purpose for which .public money may be lawfully expended'; and that'the
expenditure of said sums for said purposes will be in the public interest and
beneficial to the City and'its inhabitants and'that' said "money can better be
expended and said purposes accomplished'through the medium of the Stephenville
Chamber of Commerce acting through its Board of Directors with facilities,
officers and employees skilled and experienced in said work by means of a
contract with said organization providing that the Chamber shall be the con-
tractor of the City for the expenditure of said money.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
STEPHENVILLE:
1. There is hereby appropriated out of the General Fund of the City of
Stephenville for each fiscal year the proceeds of the three percent (3 %) City
of Stephenville Hotel -Motel Occupancy Tax collected during said fiscal year,
less actual cost to City for service and collection costs to be retained by
the _City of Stephenville, and said monies are hereby ordered paid to the
Stephenville Chamber of Commerce in a lump sum within forty -five (45) days
after the end of each quarterly collection period, said sums of money to be
expended by the Stephenville:" Chamber" of Commerce as provided in the contract
herein :authorized.
2. In order to carry- out.the above declared - purposes and to provide a
means for the proper, ,efficient and economical expenditure of the above men-
tioned funds, the following contract is hereby authorized and approved:
STATE OF TEXAS §
COUNTY OF ERATH
THIS AGREEMENT this day made and entered into between the City of
Stephenville-, Texas, a municipal corporation of Erath County, Texas,
herein called "CITY" and the Stephenville Chamber of Commerce, a Texas
I
V4 4d
non - profit corporation, with its office in Stephenville, Texas, herein
called "CHAMBER ",
W I T N E S S -cE T H
Section 1. By ordinance passed and approved on the 2nd day of'July,
1974, City agreed to pay over to the Chamber in lump sum the quarterly
collections under the City of.Stephenville Hotel -Motel Occupancy Tax for
each fiscal year therein appropriated out of.the General Fund of:the
City of Stephenville, for advertising and' "promoting the tourist and -con-
vention industry of said City, and to carry out such agreement, said
sums are hereby, upon the execution hereof, ordered paid over'to the
Chamber in quarterly payments, as said monies are collected by the City
of Stephenville.° -
Section 2. It is understood that the City enters into this contract with
Chamber under its power to contract the functional and administrative
work of expending said monies for said public purpose, and it'.is'under-
stood that said "ordinance "and this contract constitute Chamber the
City's contractor for the performance of said work.
Section 3: Therefore, for and in consideration ' of -the payment to the -
Chamber of the proceeds of the Hotel -Motel Occupancy Tax of the City of
Stephenville, less actual cost to City of service and collection costs
to be retained by the City, for the fiscal year 1974 -73 and for subse-
quent fiscal years, if such Hotel- Motel Occupancy Tax be levied during
subsequent years, the Stephenville< Chamber of 'Commerce hereby agrees
and contracts to receive, conserve and expend said•funds through the
express direction of its Board of Directors, and to use its facilities,
special knowledge and experience during the term hereof, in the expendi-
ture thereof for the purposes of advertising and promoting the tourist
and convention industry of the City of Stephenville; such work to con-
sist of but not be limited to the following: newspaper and magazine
advertising, printing of folders and literature on the tourist and
convention attractions of the City of Stephenville, activities to attract
and encourage tourist travel and conventions to the City of Stephenville,
travel expense necessarily incurred in said activities, reasonable cost
overhead, and any other advertising and promotional activities for said
purposes.
Section 4. Term: The term of this contract shall be from the date of
the passage of this ordinance until the -end of the 1974 =75 fiscal year
on September 30, 1975, and from year to year thereafter upon like term
and conditions, unless either party shall give to the other party
written notice of intention to terminate the contract on its next'anni-
versary date, such notice to be given in writing sixty (60) days before
such anniversary date; and the right to so terminate this contract is
hereby specifically reserved to both parties.
Section 5. It is understood thatthe appropriation' of funds for the
1974 -75 fiscal year shall be only those funds collected under the City
of Stephenville's three .percent (3 %) Hotel -Motel Occupancy 'Tax ordinance
passed on the 2nd day of July, 1974, and that for each-succeeding year
the City shall only pay-over in quarterly installments within forty- five
(45) days after the City's quarterly collection period such sums of
money collected under the levy of the City of Stephenville's three per-
cent (3 %) Hotel -Motel Occupancy Tax less the actual cost of collecting
said tax and performing this contract to be retained by the City of
Stephenville.
Section 6. Terms and conditions: The following terms and conditions
shall be binding on said parties:
(a) The funds available under this contract shall be budgeted in
a special fund by the Chamber and shall be expended for the purposes
hereinabove set out and shall be disbursed` under the direction of the
Chamber's Board of Directors and accurate accounts shall be kept
thereon.
(b) Chamber shall make and render to the City Council an annual
report not later than the last regular Council meeting in September of
each year showing in reasonable detail how said funds have been expended
and for what purposes and the beneficial results thereof.
(c) City reserves the right to cancel this contract on sixty (60)
days written notice for breach of any of its provisions by Chamber, ex-
pressed through a resolution of the City Council, and this contract
shall terminate at the expiration of said sixty (60) days unless Chamber
shall have previously corrected the defaults set out in the cancelling
resolution.
(d) City shall not be liable for claims or demands for damages,
monetary or otherwise, that may grow out of or arise from Chamber's
actions in the conducting and carrying out of its work and activities
financed under this contract, and Chamber shall.hold City harmless
from such claims and demands.
(e) It is further understood that by enacting this ordinance and
contract with the Chamber, the City does not bind itself in the future
as to any action of the Council in connection with the alteration or
repeal or amendment of the City of Stephenville Hotel -Motel Occupancy
Tax passed on July 2, 1974, and furthermore, in the event for any reason
that funds are not collected by the City under the provisions of the
Hotel -Motel Occupancy Tax of 1974 -75, the City shall not be obligated
under this ordinance and contract to pay over any funds of the City to
the Stephenville Chamber of Commerce. It is also understood between
the parties to this contract that in the event no funds are available
from the City of Stephenville three percent (3 %) Hotel -Motel Occupancy
Tax, that this contract shall terminate, paragraphs 4 and 5 hereof not-
withstanding, and that Chamber shall have no right or demand upon the
City for funds payable under this contract if such funds are not
available for any reason.
Section 7. A copy of said ordinance authorizing this contract passed
and approved on the 2nd day of July, 1974, is attached hereto and made
a part hereof as though fully copied herein, and the provisions thereof
shall be cumulative of the provisions of this contract and govern
the provisions hereof where applicable.
IN WITNESS WHEREOF, the CITY OF STEPHENVILLE HAS CAUSED these pre-
sents to be executed by its Mayor thereunto duly authorized and its
seal affixed hereto, and the STEPHENVILLE CHAMBER OF COMMERCE HAS
CAUSED THESE PRESENTS to be executed by its President, thereunto duly
authorized by its Secretary, on this the /,6 day of July, 1974.
CITY OF STEPHENVILLE
IUTOINIA1
STEPHENVILLE CHAMBER OF COMMERCE
D.lElliott, President
i 44e
145
Councilman Anderson moved to amend the original motion to make the
change in the ordinance to provide that the administrative fee charged
by the City be the actual cost of administration, to be determined by
the City Administrator. Councilman Chambers made the second. Motion
carried unanimously.
AN ORDINANCE PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A HOTEL
TAX; MAKING CERTAIN PROVISIONS CONCERNING THE SUBJECT; PROVIDING A CIVIL
PENALTY AND A CRIMINAL PENALTY; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE CITY OF STEPHENVILLE
AND THE STEPHENVILLE CHAMBER OF COMMERCE FOR THE EXPENDING OF FUNDS COL-
LECTED UNDER THE CITY OF STEPHENVILLE HOTEL -MOTEL OCCUPANCY TAX FOR THE
PURPOSE OF PROMOTING THE TOURIST AND CONVENTION INDUSTRY OF THE CITY OF
STEPHENVILLE; AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT ON BEHALF
OF THE CITY OF STEPHENVILLE AND TO CARRY OUT ITS PROVISIONS; AND AP
PROPRIATING OUT OF THE GENERAL FUND FOR EACH FISCAL YEAR. THE PROCEEDS
OF THE MONEY COLLECTED UNDER THE CITY OF STEPHENVILLE HOTEL -MOTEL OC-
CUPANCY TAX PASSED ON JULY 2, 1974, LESS ACTUAL COST TO CITY FOR SER-
VICE AND COLLECTION COSTS.
The three bids received for a fence around Optimist Field are as
follows:
Higginbotham Bros. & Co.---- - - - - -- $3,199.50
John Seifert------------ - - - - -- - -- 4,675.00
William Rager--------------- - - - - -- 6,740.00
After discussion, Councilman Sexton moved to accept the low bid of
Higginbotham Bras. in the amount of $3,199.50. Councilman McCoy made
the second. Motion carried unanimously.
Mayor Jones asked the Council to refer to their copies of the June
27th minutes of the Planning Commission's meeting. The Planning Com-
mission had no specific recommendation concerning the one way streets,
other than they confirmed their.original recommendation to make Belknap
and Graham Streets one way.
Mayor Jones also explained that it had been the consensus of the
Council at a previous meeting that if the Planning Commission had no
other recommendation, the City would go ahead with the one way streets
as planned. Mayor Jones presented a petition that he had received
from Mr. Earl Weathers with 83 signatures opposing the one way streets.
After discussion, it was the consensus of the Council to confirm
their previous vote to make Belknap and Graham Streets one.way north
and south.
Mayor Jones opened for discussion changing the 3rd Tuesday morn-
ing meetings to noon meetings.
Councilman Riggins moved to change the morning meetings to noon
meetings. Councilman Chambers made the second.
Councilmen McCoy and Sexton said they could not attend noon meet-
ings.
Mayor Jones explained that the morning meetings had been started
when there were so many called meetings and to cut down the agendas for
the night meetings. It was the consensus of the Council to dispense
with the 3rd Tuesday meetings entirely unless there was business to be
taken care of.
Mayor Jones said that at <.the meeting of June 18th the price of
15¢ per foot had been set as the price for easements for the sewer
outfall line. It has now been recommended that the price be increased
to 20¢ per foot. -
Councilman Guthrie moved that the price be increased to 20¢ per
foot for the easements for the sewer outfall line. Councilman Sexton
made the second. Motion carried unanimously.
Councilman Guthrie expressed his appreciation to the "bomb squad"
of the Fire Dept. for their efficient actions regarding the bomb scare
at Gibson's Discount Store recently.
Mr. R. Y. Gann, Director of Public Works, reported the progress on the
sewer outfall line.
City Administrator Shelton reported that the Central Texas COG had re-
requested that any or all of the Council members either call or write to
the Governor requesting him to transfer the City, County and the City of
Dublin into the Central Texas COG.
There being no other business, the meeting adjourned at � P.M.
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