HomeMy WebLinkAbout2017-R-23 - HOT Expenditures and Tourism and Visitors Bureau RESOLUTION NO.2017 R-23
A RESOLUTION OF THE CITY OF STEPHENVILLE, TEXAS, PERTAINING TO EXPENDITURES TO BE MADE
PURSUANT TO TEXAS TAX CODE§351.101 OF THE MUNICIPAL HOTEL OCCUPANCY TAX,INCLUDING THE
ESTABLISHMENT OF A TOURISM AND VISITORS BUREAU
WHEREAS the City of Stephenville receives a share of the municipal hotel occupancy tax levied on
certain businesses in the City of Stephenville and its extra territorial jurisdiction; and
WHEREAS pursuant to Texas Tax Code § 351.101(a) such funds may be used only to promote
tourism and the convention and hotel industry, and Texas Tax Code § 351.101(a)(1) - (11) limits the use
of such funds for the purposes specified in these sections of the statute; and
WHEREAS Texas Tax Code§ 351 .101 (b) provides that such funds shall be expended in a manner
directly enhancing and promoting tourism and the convention and hotel industry and may not be used
for the general revenue purposes or general government operations of the City of Stephenville; and
WHEREAS under Texas Tax Code § 351.101(c), the City of Stephenville may by contract delegate
to a person, another governmental entity or a private organization the management or supervision of
programs and activities funded with revenue from the municipal hotel occupancy tax so long as:
Allk 1. The City of Stephenville in writing shall approve in advance the annual budget of the person
or entity to which it delegates those functions;
2. The person or entity provides at least quarterly reports to the City of Stephenville listing the
expenditures made by the person with revenue from the municipal hotel occupancy tax;
3. The person or entity does not commingle such funds with any other funds;
4. The approval of the annual budget creates a fiduciary duty on the part of the person to whom
the function is delegated with respect to the revenue provided to the person; and
WHEREAS funds from the municipal hotel occupancy may be spent by the person or entity to
whom the functions described above are delegated for day-to-day operations,salaries,office rental,travel
expenses and other administrative costs only if those administrative costs are incurred directly in the
promotion and servicing expenditures authorized under Texas Tax Code § 351.101(a)(1) - (11) which
expenditures are subject to further limitations as outlined in Texas Tax Code § 351.101(e) and (f); and
WHEREAS the City of Stephenville has a duty to insure that the person,other governmental entity,
or private organization to which management and supervision are delegated is organized, structured and
operated in a manner consistent with Texas Tax Code § 351.101;
NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,TEXAS hereby
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outlines the acceptable use of Hotel Occupancy Tax Funds and creates a Tourism and Visitors Bureau.
Resolution No.2017-R-23 Tourism and Visitors Bureau
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Passed and approved this 5th day of December, 2017.
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Jerfr
'don II, Mayor
ATTEST:
L. 4.
iiSta ► :, City Secretary i
Al en Barnes, ity Administrator
Review
Randy Thomas, City Attorney
r. Approved as to form and legality
Resolution No.2017-R-23 Tourism and Visitors Bureau