2019-003 - Designating the Love Civic Center as a Venue Project under Chapter 334 of the Texas Local Government CodeRESOLUTION NO. 2019-003 OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, DESIGNATING THE RENOVATION, REPAIR AND OTHER
IMPROVEMENT OF THE CITY'S LOVE CIVIC CENTER AS A "VENUE PROJECT"
UNDER CHAPTER 334 OF THE TEXAS LOCAL GOVERNMENT CODE;
DESIGNATING THE METHOD OF FINANCING TO BE USED TO FINANCE THIS
VENUE PROJECT; AND CONTAINING OTHER PROVISIONS RELATED TO
AUTHORIZING THIS VENUE PROJECT
WHEREAS, the City Council ("City Council") of the City of Paris, Texas ("City")
desires to provide for the planning, acquisition, establishment, development, construction,
renovation, operation or maintenance of a venue project ("Venue Project") as authorized by, and
defined in, Chapter 334, Texas Local Government Code, as amended ("Chapter 334"), which is
described in Section 2 below; and
WHEREAS, if the Venue Project described herein is approved by the voters under
Chapter 334, the City may use money received from the additional hotel occupancy taxes (the
"Venue Hotel Occupancy Tax") approved by the voters as described herein to reimburse or pay
the costs of the Venue Project, or pay the principal and interest on, and other costs relating to
bonds or other obligations to finance the Venue Project; and
WHEREAS, Chapter 334, Section 334.024, authorizes the City to order an election on
the question of approving and implementing this Resolution and approving this Venue Project
and the method of financing; and
WHEREAS, Chapter 334, Section 334.022, requires the City, before calling an election
to send a copy of this Resolution to the State Comptroller, who shall before the 15th day after the
date she receives a copy of this Resolution, (1) perform an analysis to determine if approval and
implementation of this Resolution will have a significant negative fiscal impact on state revenue,
and (2) provide the City written notice of the results of the analysis; and
WHEREAS, Chapter 334, Section 334.022, further provides that if the Comptroller
determines that implementation of this Resolution will have a significant negative fiscal impact
on state revenue, the written analysis required thereunder must include information on how to
change this Resolution so that implementation will not have a significant negative fiscal impact
on state revenue; and
WHEREAS, Chapter 334 provides that if the Comptroller determines that
implementation of this Resolution will not have a significant negative impact on state revenue or
if the Comptroller has not provided the analysis by the 30th day, the City Council may order an
election on the question of approving and implementing this Resolution; and
WHEREAS, the City Council further desires to authorize and direct the City Manager to
forward a copy of this Resolution to the State Comptroller as required by Section 334.022 for her
review and analysis as prescribed therein, prior to the City Council's consideration of an order
calling an election under Chapter 334; and
WHEREAS, if the Comptroller determines under Section 334.022 and 334.023 that the
implementation of this Resolution will not have a significant fiscal impact on state revenue, the
City Council will call an election on the Venue Project designated in Section 2 below, and allow
the voters of the City to vote for or against the Venue Project and the imposition of the Venue
Hotel Occupancy Tax as described herein for the financing thereof, and
WHEREAS, it is hereby officially found and determined that the meeting at which this
Resolution was passed was open to the public, and public notice of the time, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS:
SECTION 1. INTENTION TO PROVIDE FOR A VENUE PROJECT. The City
Council does hereby adopt this Resolution to provide for the planning, acquisition,
establishment, development, construction, renovation, operation or maintenance of a "Venue
Project" as defined by Chapter 334, and as described herein, and to provide for the financing
thereof by the imposition of the Venue Hotel Occupancy Tax as set forth in Section 3, together
with any other lawfully available funds, to fund the Venue Project designated in Section 2 below
as authorized by Chapter 334, upon approval of this Venue Project and the method of financing
thereof, by the voters of the City at an election to be called by the City Council.
SECTION 2. DESIGNATION OF THE VENUE PROJECT. The City Council does
hereby designate the following project authorized by Section 334.001(4)(B) of Chapter 334 as a
"Venue Project" and hereby declares its intention to finance and to provide for the planning,
acquisition, establishment, development, construction, renovation, operation or maintenance
thereof, all pursuant to authority granted by Chapter 334 (referred to herein as the "Venue
Project"): the renovation, repair and other improvement of the City's Love Civic Center, which is
located at 2025 S. Collegiate Drive, Paris, Texas 75460-7853.
SECTION 3. DESIGNATION OF THE METHOD OF FINANCING FOR THE
VENUE PROJECT. The City Council is proposing to finance the Venue Project, if approved by
the voters, through the imposition of an additional hotel occupancy tax at a rate not to exceed
two percent (2%), which will be in addition to the seven percent (7%) hotel occupancy tax
currently collected by the City in accordance with Chapter 251, Texas Tax Code. In connection
with the issuance of any bonds or other obligations for the Venue Project, the City may, within
its discretion, utilize other lawfully available funds in addition to Venue Hotel Occupancy Tax
approved by the voters to finance the Venue Project.
SECTION 4. AUTHORIZING AND DIRECTING CITY MANAGER TO SUBMIT
RESOLUTION TO STATE COMPTROLLER. The City Council does hereby authorize and
direct the City Manager to submit a copy of this Resolution to the State Comptroller, as required
by the provisions of Section 334.022 of the Code, for her review and analysis as required by the
provisions of such Section. Upon receipt of notice from the Comptroller that she has determined
that implementation of this Resolution will not have a significant negative impact on state
revenue, the City Manager is authorized and directed to bring before the City Council for its
consideration an ordinance or resolution calling an election pursuant to the authority and
requirements of Chapter 334.
SECTION 5. INCORPORATION OF RECITALS. The City Council hereby finds
that the statements set forth in the recitals of this Resolution are true and correct, and the City
Council hereby incorporates such recitals as a part of this Resolution.
SECTION 6. SEVERABILITY. If any provision of this Resolution or the application
thereof to any circumstance shall be held to be invalid, the remainder of this Resolution and the
application thereof to other circumstances shall nevertheless be valid, and this governing body
hereby declares that this Resolution would have been enacted without such invalid provision.
SECTION 7. EFFECTIVE DATE. This Resolution shall take effect immediately, upon
adoption by the City Council. The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this Resolution was adopted was posted
and that such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted upon, all
as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 28th day of January, 2019.
ICE ELLIS, City Clerk
APPROVED AS TO FORM:
ST 1 1.NIE H. HARRIS, City Attorney
N J. CUF' ° `,)RD, M.D., Mayor