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HomeMy WebLinkAboutORD 900115 - Taxes & RegulationsORDINANCE NO. 900115 AN ORDINANCE AMENDING CHAPTER 16, "OCCUPATIONAL LICENSES, TAXES, AND REGULATIONS" OF THE CITY OF GEORGETOWN CODE OF ORDINANCES TO PROVIDE FOR ADDITIONS AND DELETIONS, AND AMENDMENTS THERETO FOR PURPOSES OF CONFORMITY TO STATE LAW, EFFICIENCY IN MANAGEMENT AND OPERATIONS, AND COMPLIANCE WITH CURRENT PRACTICES OF THE CITY; PROVIDING FOR A SEVERABILITY CLAUSE; AND PUBLICATION OF THIS ORDINANCE AND SETTING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Georgetown, Texas, has previously recognized that many provisions of the City Code are out-of-date, no longer appropriate for the current needs of the City, and, in certain circumstance, not in conformance with applicable laws WHEREAS, in light of this recognition, the City Council approved the process of recodification of the entire City Code, including addressing the obsolete provisions, WHEREAS, as a part of this review and process, the following items contained in the ordinance have been identified as those that need to be modified, added, or deleted as provided hereafter, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION I. The Council adopts the recitals set forth above as true and correct and are adopted herein verbatim as if fully set forth at length. SECTION II. That Secs. 16-20 through 16-30 of Article II. of Chapter 16 are hereby repealed in their entirety SECTION III. That Secs. 16-40 through 16-50 of Article III. Chapter 16, "Occupational Licenses, Taxes, etc." are hereby repealed in their entirety. 1 SECTION IV, That Sec. 16-63 of Article IV. Licenses, Taxes, Etc." is hereby of Chapter 16, "Occupational amended as follows. "Upon payment to the Utility Office of a fifteen ($15.00) fee for each such peddler, solicitor, itinerant merchant and transient vendor license, the City Secretary shall issue the appropriate licenses. Persons offering for sale agricultural products, meats, poultry, or other article of food shall not be required to pay the license fees, but a license shall be issued to such person by the City Secretary." SECTION V. That Sections 16-64 and 16-66 of Article IV. of Chapter 16, "Occupational Licenses, Taxes, Etc." are hereby deleted in their entirety. "OrWIMMiMMIAW w. That subsection (c) of Sec. 16-71. "Levy of tax, rate; exception", of Article V. of Chapter 16 is hereby amended to read as follows. "(c) No tax shall be imposed hereunder upon the occupancy of any person whose cost of occupancy is paid directly or reimbursed by a corporation or association organized and operated exclusively for religious, charitable, or educational purposes, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual." SECTION VII. That Sec. 16-73. "Reports, payment of tax". of Article V. of Chapter 16 is amended as follows: " (a) On or before the twentieth day of each month every person required in section 16-72 to collect the tax imposed herein shall file a report with the Director of Finance and Administration or his designee, showing the consideration paid for the prior month for all room or sleeping space occupancies, and any other information the Director of Finance and Administration may reasonably require, which report shall be in writing. Such persons shall pay the tax due on such occupancies at the time of filing such report. A report shall be filed as required whether tax is collected for the month or not. F (b) Should any person pay the tax after the due date, such account shall be assessed a late penalty of ten percent (10%) per month, pro -rated for the actual number of days after the due date until the date paid." SECTION VIII. That Sec. 16-75. "Violations" of Article V. of Chapter 16 is hereby amended as follows. "In addition to the late penalty required in 16-73 (b), if any person required by the provisions of this article to collect the tax imposed herein, or make reports as required herein, and pay to the Director of Finance and Administration 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, or any such person shall violate any of the provisions of this article, such person shall be deemed guilty of a misdemeanor and upon conviction be punished as provided in Section 1-6, Chapter 1, Part II Code of Ordinances and shall pay to the Director of Finance and Administration the tax due, together with a penalty of five percent (5%) of the tax due for each thirty (30) days that the same is not timely filed." SECTION IX. That Sec. 16-76. "Use of proceeds", of Article V. of Chapter 16 is hereby deleted in its entirety. SECTION X. All Ordinances, parts of Ordinances, or Resolutions in conflict herewith are expressly repealed to the extent of such conflict. SECTION XI. If any article, provision, paragraph or part of a paragraph of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part of a paragraph of the remainder of this Ordinance. SECTION XII. This Ordinance shall become effective upon Second Reading and Final Passage thereof. ca SECTION XIII. The City Secretary is hereby directed to publish this Ordinance, or its caption, at least one time within ten (10) days after final passage hereof or as soon thereafter as possible in a newspaper in the City of Georgetown, Texas. , PASSED AND APPROVED on First Reading this day of yq , 1990. READ PASSED AND APPROVED on Second and Final Reading this day of ,__ , 1990. Tim Kennedy, Mayor ATTEST. City Secretary 411100 01MMi�7a Diane Callander, City Attorney 0