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HomeMy WebLinkAboutOrdinance - 8908-1978 - Ordinance Amending Section 26-23; Sect. 26-22 1% Tax - 03/27/1986JCR:da First Reading March 27, 1986 Agenda Item #25 Second Reading April S', 1986 Agenda Item #9 ORDINANCE NO. 8908 ------- AN ORDINANCE AMENDING SECTION 26-23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AUTHORIZING A PERSON COLLECTING A TAX IMPOSED BY SECTION 26-22 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK TO DEDUCT AND RETAIN ONE PERCENT (1%) OF THE TAX COLLECTED AS REIMBURSEMENT FOR THE COST OF COLLECTING SAID TAX; PROVIDING FOR A FORFEITURE OF SAID ONE PERCENT WITHHELD; PROVIDING AN EFFECTIVE DATE AND PROVIDING A SAVINGS CLAUSE. WHEREAS, Art. 1269j, 4.1 V.A.C.S. specifically authorizes the City of Lubbock to allow a person colle~ting a tax as required in Sec. 26-22 of the Code of Ordinances of the City of Lubbock to retain one percent of the tax collected as a reimbursement of said person's cost in collecting said tax; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City to provide a method, as authorized by law, to allow a person collecting said tax to be reimbursed for the cost associated therewith; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 26-23 of the Code of Ordinances of the City of Lubbock be and is hereby amended to read as follows: Sec. 26-23. Collections. (a) Every person, operating, managing, or controlling any hotel shall collect the tax imposed in Section 26-22 of this article for the City. (b) That every person collecting the tax as provided in sub- section (a) of this section is hereby authorized to retain from the tax collected by.such person one percent of the tax collected to reimburse said person for his or her efforts in collecting said tax for the City. (c) Notwithstanding the one percent reimbursement provided for in subsection (b) of this section no reimbursement shall be authorized or allowed in any case where the person collecting the tax fails to pay said tax over to the City or fails to file reports with the City as required by Sec. 26-24 of this article. In every case where the person collecting the tax fails to-pay said tax to the City or fails to file the reports required by Sec. 26-24 of the this article said one percent reimbursement fee shall be forfeit and the total tax collected shall be due the City. SECTION 2. THIS Ordinance shall become effective October 1, 1986. SECTION 3. SHOULD any provision herein be found to be unconstitu- tional, illegal, or unenforceable, or unauthorized, the same shall not be construed as altering or repealing any other provisions of this Ordinance, but all such other provisions shall remain in full force and effect as if there had been no finding of defect herein. day of March , -------Passed by City Council on first reading this 27th 1986. Passed by City Council on second reading this 9th day of April , 1986. ---_,_....._....._ __ ~PPROVED AS TO CONTENT: ~ant City Manager/Financial Services ttorney - 2 - THE STATE OF TJ<-::XAS COUNTY OF LUBBOCK M2320-R172 Before me :SeveriJ' HarPer a Notary Public in and for Lubbock County. Texas on this day personally appeared l:.w.1.11 Auftll• Acct. Manet!er of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-.Journal Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insert ion of this --1.L.41Cif.lil£~1~11--lN~~t-011-{;t-llirfiCr481----------­ -------------No. 751149 at Lubbock County. Texas and the attached print- ed copy of the Lee:al Notice is a true copy of the original and was printed in the Lubbock A valanche-.Journal on the following dates: ___.4~/ .... S ... 2,...,.,'-ti1~.:::9~L<IJ.J8'iJ.61U----------------- 181 -ord1 @ .76 = 1137.56 Account Manae:er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation ' ', -·· -~ ~ ,..__ ·. ~.:.. ..._ "'- /_,:::;Si&bsc~~t:f:l~na sworn to before me this22nd day of~.,......,...... ___ , 19.86-- : -..:. .---:::- ·.---~·~ """" .. -~ .. -..:.,_ ~ ~· - G IE~LV IM.Ri'ER NOTARY PUBLIC in and for the State of Ter.as My Commission Expires Aur;lJst 24, 1939