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File #: ORD-0199    Version: Name:
Type: Ordinance Status: Approved
File created: 5/13/2014 In control: City Manager Office
On agenda: 5/27/2014 Final action:
Title: Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, REGARDING THE COLLECTION OF HOTEL OCCUPANCY TAXES WITHIN THE CITY; PROVIDING FOR A FINE OR PENALTY OF THIS ORDINANCE AS A MISDEMEANOR NOT TO EXCEED $500.00 FOR EACH OFFENSE, EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, IN WHICH EVENT THE PENALTY SHALL BE FIXED BY STATE LAW AND IF DEEMED A VIOLATION OF ANY PROVISIONAL LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, THE PENALTY SHALL NOT EXCEED THE SUM OF $2,000.00 FOR EACH OFFENSE; PROVIDING A SAVINGS, REPEALER, SEVERABILITY, AND EFFECTIVE DATE CLAUSES.
Attachments: 1. Ordinance
Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, REGARDING THE COLLECTION OF HOTEL OCCUPANCY TAXES WITHIN THE CITY; PROVIDING FOR A FINE OR PENALTY OF THIS ORDINANCE AS A MISDEMEANOR NOT TO EXCEED $500.00 FOR EACH OFFENSE, EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, IN WHICH EVENT THE PENALTY SHALL BE FIXED BY STATE LAW AND IF DEEMED A VIOLATION OF ANY PROVISIONAL LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, THE PENALTY SHALL NOT EXCEED THE SUM OF $2,000.00 FOR EACH OFFENSE; PROVIDING A SAVINGS, REPEALER, SEVERABILITY, AND EFFECTIVE DATE CLAUSES.

Summary
The City Council approved performance and economic development agreements for Project Vinyl, a Best Western Plus hotel, on February 25, 2014. Since that time, per Pflugerville Community Development Corporation (PCDC) staff, development activity has been occurring for this project with an opening date sometime in the first quarter of 2015.

In anticipation of this hotel, staff, with the assistance of the City Attorney, has researched the procedures and regulations for establishing a hotel occupancy tax (HOT) for the City of Pflugerville. The approval of this ordinance which establishes the maximum allowable rate of 7% is the initial step. The ordinance includes definitions and requirements for certain actions by the city. Staff has been developing forms for registration of the hotels and working on policies and procedures for recording and reporting HOT revenues and expenditures in the Special Revenue fund, State comptroller reports and assistance, and establishing auditing schedules. HOT payments are made quarterly and accompanied by a form developed by the State comptroller.

Staff is also becoming familiar with the permitted uses of the HOT tax. Generally, they are:
1. Funding the establishment, improvement, or maintenance of a convention center or visit...

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