Loading...
12 - Resolution Calling a Special Election Designating the City's Love Civic Center as Venue ProjectItem No. 12 TO: City Council John Godwin, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: RESOLUTION CALLING FOR AN ELECTION TO APROVE A TWO PERCENT VENUE HOTEL OCCUPANCY TAX FOR THE RENOVATION, REPAIR AND OTHER IMPROVEMENTS TO THE LOVE CIVIC CENTER DATE: February 5, 2019 BACKGROUND: Council approved going forward with a 2% rate increase to the city's hotel occupancy tax ("HOT") at its regular meeting on January 14, 2019. The increase is to be dedicated to fund capital repairs, renovations and other improvements to the Love Civic Center. On January 28, 2019, Council approved a resolution designating said repairs, renovations and other improvements to the LCC as a venue project for purposes of calling an election to approve the additional "venue" hotel occupancy tax. STATUS OF ISSUE: Because the city's HOT is already at the maximum statutory rate of 7%, the city must hold an election to approve the additional rate of 2% in the form of a "venue tax." The first step to calling the election was to adopt a resolution designating the LCC project as a "venue project." The Texas comptroller approved the venue project resolution on February 4, 2019 clearing the way for Council to call the election. The tax, if approved by the voters, will be dedicated to the LCC project. Bonds or other indebtedness must be issued within a year of the election approving the tax, and the tax may only be collected until such indebtedness is retired. As with all HOT, this user tax will be paid by people staying in hotels and motels located within the city and is not a sales or other tax paid by residents. BUDGET: The costs of the election are negligible because the city has already called an election to fill expiring Council member terms. RECOMMENDATION: Discuss and approve the resolution calling for an election for the approval of a venue hotel occupancy tax for the renovation, repair and other improvements of the Love Civic Center. CERTIFICATE REGARDING ADOPTION OF A RESOLUTION THE STATE OF TEXAS LAMAR COUNTY CITY OF PARIS I, the undersigned City Clerk of the City of Paris, Texas, hereby certify as follows: 1. The City Council convened in a REGULAR MEETING ON THE 11TH DAY OF FEBRUARY, 2019, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Steven J. Clifford, M.D., Mayor Renae Stone, Councilmember District 1 Derrick Hughes, Councilmember District 2 and Mayor Pro -tem Bill Trenado, Councilmember District 3 Linda Knox, Councilmember District 5 Clayton Pilgrim, Councilmember District 6 Paula Portugal, Councilmember District 7 Janice Ellis, City Clerk and all of the persons were present, except the following absentee: , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written A RESOLUTION CALLING A SPECIAL ELECTION BY THE QUALIFIED VOTERS OF THE CITY OF PARIS, TEXAS ON MAY 4, 2019 ON THE QUESTION OF DESIGNATING THE MAKING OF RENOVATIONS AND OTHER IMPROVEMENTS TO THE CITY'S LOVE CIVIC CENTER AS A VENUE PROJECT, APPROVING AN INCREASE IN THE HOTEL OCCUPANCY TAX IN THE CITY AND DESIGNATING METHODS OF FINANCING FOR THE VENUE PROJECT IN ACCORDANCE WITH CHAPTER 334, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING FOR ELECTION DAY VOTING AND EARLY VOTING; DESIGNATING POLLING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR NOTICE OF THE ELECTION; AUTHORIZING AN AGREEMENT WITH THE LAMAR COUNTY ELECTIONS ADMINISTRATOR FOR ELECTION SERVICES; APPOINTING AN EARLY VOTING BALLOT BOARD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE was duly introduced for the consideration of the Council. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: All members of the Council shown present above voted "Aye," except as provided below: NOES: ABSTAIN: 2. A true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that the Resolution has been duly recorded in the Board's minutes of the Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the Board's minutes of the Meeting pertaining to the passage of the Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that the Resolution would be introduced and considered for passage at the Meeting, and each of the officers and members consented, in advance, to the holding of the Meeting for such purpose; that the Meeting was open to the public and public notice of the time, place and purpose of the Meeting as given, all as required by Chapter 551, Government Code. SIGNED this, the 11th day of February, 2019 City Clerk RESOLUTION NO. 2019- A RESOLUTION CALLING A SPECIAL ELECTION BY THE QUALIFIED VOTERS OF THE CITY OF PARIS, TEXAS ON MAY 4, 2019 ON THE QUESTION OF DESIGNATING THE MAKING OF RENOVATIONS, REPAIRS AND OTHER IMPROVEMENTS TO THE CITY'S LOVE CIVIC CENTER AS A VENUE PROJECT, APPROVING AN INCREASE IN THE HOTEL OCCUPANCY TAX IN THE CITY AND DESIGNATING METHODS OF FINANCING FOR THE VENUE PROJECT IN ACCORDANCE WITH CHAPTER 334, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING FOR ELECTION DAY VOTING AND EARLY VOTING; DESIGNATING POLLING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR NOTICE OF THE ELECTION; AUTHORIZING AN AGREEMENT WITH THE LAMAR COUNTY ELECTIONS ADMINISTRATOR FOR ELECTION SERVICES; APPOINTING AN EARLY VOTING BALLOT BOARD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in Resolution No. 2019-003 the City Council of the City of Paris, Texas (the "City") designated the Love Civic Center, and in particular the making of renovations, repairs and other improvements thereto, a "Venue Project" (referred to herein as the "Venue Project") and declared its intention to finance and to provide for the undertaking of the Venue Project, all pursuant to the authority granted by Chapter 334, Texas Local Government Code (the "Act"); and WHEREAS, the City has received a determination from the Comptroller of Public Accounts that the Venue Project will not have a significant negative fiscal impact on state revenue, as required by the Act; and WHEREAS, pursuant to the Act, the City Council deems it advisable to call a special election on the question of authorizing the Venue Project and authorizing an additional hotel occupancy tax at a rate not to exceed two percent (2%); and WHEREAS, it is hereby officially found and determined that holding the hereinafter called election on the date set forth below is in the public interest; and that the meeting was open to the public, and public notice of the time, place and purpose of the 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. The findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. An election is called for and shall be held on May 4, 2019, between the hours of 7:00 a.m. and 7:00 p.m., at which election the following PROPOSITION shall be submitted in accordance with law: CITY OF PARIS TEXAS SPECIAL ELECTION CITY OF PARIS TEXAS PROPOSITION A Authorizing the City of Paris, Texas to provide for the renovation, repair and other improvement of the City's Love Civic Center (the "Venue Project") as a venue project of the type described and defined in Section 334.001(4)(B) of, and authorized by, Chapter 334, Texas Local Government Code, and to approve a two percent (2%) increase in the hotel occupancy tax imposed by the City as authorized by Section 334.254(a), Texas Local Government Code, to provide a payment source for revenue bonds or other obligations issued by the City to finance the Venue Project. Section 3. The official ballots for the election shall be prepared in accordance with the Texas Election Code and Chapter 334, Texas Local Government Code, so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid proposition which shall be set forth in substantially the following form: 0, AGAINST CITYOFPARISw. TEXAS SPECIAL ELECTION CITY OF PARIS, TEXAS PROPOSITION A AUTHORIZING THE CITY OF PARIS, TEXAS TO RENOVATE, REPAIR AND OTHERWISE IMPROVE THE CITY'S LOVE CIVIC CENTER AS A VENUE PROJECT AND TO IMPOSE A NEW HOTEL OCCUPANCY TAX AT THE RATE OF TWO PERCENT (2%) FOR THE PURPOSE OF FINANCING THE VENUE PROJECT. IF APPROVED, THE MAXIMUM HOTEL OCCUPANCY TAX RATE IMPOSED FROM ALL SOURCES IN THE CITY OF PARIS WOULD BE FIFTEEN PERCENT (15%) OF THE PRICE PAID FOR A ROOM IN A HOTEL. Section 4. All persons legally qualified to vote according to the laws of the State of Texas and the Charter of the City of Paris, Texas (the "City Charter"), shall be entitled to vote in the election. Section 5. The election shall be held and conducted and the returns thereof made in accordance with the Texas Election Code, the City Charter, and all other applicable statutes of the State of Texas and ordinances and resolutions of the City of Paris, Texas. The election materials enumerated in Sections 272.001, et seq., Texas Election Code, shall be printed and furnished in both English and Spanish for use at each polling place on election day and for early voting. Section 6. Voting in the election on May 4, 2019 shall be conducted for all voters at the following polling places: Voting Locations: Districts 1 and 2 Red River Valley Fairgrounds Event Center 1875 Fitzhugh Street Paris, Texas Districts_3 4 5, 6 and 7 Lamar County Courthouse Annex Old County Courtroom 231 Lamar Avenue Paris, Texas Section 7. Early voting shall be conducted by personal appearance and by mail at: [Lamar ocation to Vote In Person Address to Request Ballot by Mail County Courthouse AnnexTricia Johnson ld County Courtroom Lamar County Elections Administrator 231 Lamar Avenue 231 Lamar Avenue Paris, Texas Paris, Texas 75460 The early voting period for the election shall begin on April 22, 2019 and conclude on April 30, 2019, except no early voting will be held on Saturdays, Sundays and legal state holidays during that period. On April 22, 2019 and April 23, 2019, the hours designated for early voting by personal appearance shall be from 8 a.m. to 8 p.m. On all other days of early voting, the hours designated for early voting by personal appearance shall be from 8 a.m. to 5 p.m. The Early Voting Clerk shall keep said early voting place open during such hours for early voting by personal appearance. The Early Voting Clerk for the election shall be Tricia Johnson. Section 8. In accordance with provisions of the Texas Election Code, this resolution calling the election (the "Resolution"), as it may be modified in a manner that is consistent with the election notice requirements applicable to the election, shall serve as proper notice of the election (the "Notice of Election"). The Council hereby directs the City Clerk to post and publish the Notice of Election and the Resolution as follows: (a) The Notice of Election shall be published in both English and Spanish on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the date of the first publication to be not more than thirty (3 0) or less than fourteen (14) days prior to the date set for the Election; (b) The Resolution shall be posted on the bulletin board used for posting notices of meetings of the City Council, and at three other places in the City, not later than the twenty-first (21 st) day prior to the date set for the Election; (c) The Resolution shall be posted on election day and during early voting by personal appearance, in a prominent location at each polling place; and (d) The Resolution shall be posted during the 21 days before the date of the election, on the City's Internet website. Section 9. Tricia Johnson is hereby appointed to serve on the date of the election as the presiding judge of a three (3) member Early Voting Ballot Board, the other two members of which are to be appointed by said judge in accordance with the provisions of Chapter 87 of the Texas Election Code, as amended. Section 10. The City Manager or the Mayor is hereby authorized and directed to execute an agreement with the Lamar County Elections Administrator, as approved by the City Attorney, to allow the Lamar County Elections Administrator to provide services in regards to the May 4, 2019 election. Section 11. In all respects, the election shall be conducted in accordance with the Code. Pursuant to the federal Help America Vote Act ("HAVA") and the Code, at each polling place there shall be at least one voting system that is equipped for disabled individuals, and each such voting system shall be a system that has been certified by the Texas Secretary of State as compliant with HAVA and the Code. Section 12. This Resolution shall be effective immediately from and after its passage. PASSED AND APPROVED this th day of February, 2019. Steven J. Clifford, M.D. Mayor ATTEST: Janice Ellis City Clerk APPROVED AS TO FORM: Stephanie Harris City Attorney