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HomeMy WebLinkAbout82-2495 ord ORDINANCE NO. 82-2495 AN ORDINANCE AMENDING NO. ~0 AND ORDINANCE NO. 8~3PROVIDING FOR A HOTEL AND MOTEL TO COLLECT A TAX FOR OCCUPANCY OF ANY ROOM.OR SPACE IN AF~ HOTEL OR MOTEL WITH CERTAIN EXCEPTIONS, TO DEDUCT AND WITHHOLD FROM THE TAX DUE TO THE CITY ON A QUARTERLY RETURN AS REIM- BURSEMENT FOR THE COST OF COLLECTING THE TAX 1% OF THE AMOUNT OF TAX DUE AS SHOWN ON THE REPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION I: LEVY OF TAX Th the enactment of Ordinance 73-1330 and Ordinance No. 80-2397, the City council of the City of Plainview levies and collects a tax which is equal to four per[ent (4%) of the consideration paid by the occupant of each space to a Hotel or Motel. a) No tax::shall be imposed hereunder upon a permanent residence. SECTION 2: COLLECTION By enactment of these ordinances every person owning, operating, managing or qontrolling any hotel or motel shall collect the imposed in Section 1, hereof for.the City of Plainview. And on or before the last day of each month following each quarter every person required to collect the tax shall file a report with the Tax Assessor/Collector~showing the consideration for all room or sleeping space occupancy in the proceeding quarter, the amount of tax collected on such occupancies, and any other information the Tax Assessor/Collector may reasonably required. Such person shall pay to the Tax Assessor/Collector the tax du~ on such~fra~s at the time of filing such a report. ~~-~ SECTION 3: REIMRUBSEMENT FOR TAX COLLECTION By action of the 67th Legislature in 1981, the Hotel and Motels are required to file a report under this ordinance, may deduct and withhold'the taxes otherwise due to the City of Plainview on a quarterly return, as reimbur'sement for the cost of ~ollecting the tax 1% of the amount of the tax due shown on the report. If tax~s due under this ordinance are not paid to 'the City within the time required or if the Hotel and Motels req~ired to file a report fail to file when due the Hotel and Motels then forfeits a claim to reimbursement. SECTION 4: EFFECTIVE DATE This ordinance shall become effective on the 10th day after its second and final passage from the Plainview City Council. SECTION 5: SEVERABILITY PROVISION If any section, clause, or other provision of this ordinance shall be held unconstitutional or void, in the inValidity of such section, clasue, paragraph, or provision shall not effect the other provisions of this ordinance, and the same shall remain in full force in effect. Ordinance No. 82-2495 PASSED AND APPROVED on First Reading on the 10th day of August, 1982. PASSED AND APPROVED on Second and Final Reading on the 24th day of August, 1982. ~.V.~ RIDLEH~BER, Mayor ATTE ST: W~LTER S DODSON, C-ity Clerk