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ORD 2012-12 - Amend Ch 42 TaxationORDINANCE NO. 2012-12 AN ORDINANCE AMENDING THE HUNTSVILLE CODE OF ORDINANCES, SPECIFICALLY CHAPTER 42 "TAXATION ", ARTICLE III, DIVISION 1 BY ADDING A NEW SECTION 42 -54; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 42 "Taxation ", Article III, Division 1 of the Huntsville Code of Ordinances provides for the levy of a Hotel Occupancy Tax; WHEREAS, the City now wishes to amend Chapter 42, Article III, Division I by adding a new section 42 -54; and WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same at the place reserved and designated for notices of public meetings and public activities and prior to the adoption of this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2: Huntsville Code of Ordinances Chapter 42 "Taxation" Article III, Division I is amended by adding a new section 42 -54 as provided below: "Sec. 42 -54.- Audits and collection. The City adopts all the enforcement provisions, including the auditing of records of the persons required to collect the tax, and the collection thereof contained in Chapter 351 of the Texas Tax Code, including, but not limited to, sections 351.004 and 351.008 of the Texas Tax Code, as amended." "Secs. 42- 55- 42 -60.- Reserved." SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5: This Ordinance shall take effect immediately from and after the date of its passage and the City Secretary is instructed to publish the ordinance as required by Article 4.14 of the City Charter. PASSED AND APPROVED on the Second Reading on this the 7th day of February 2012. ATTE dward, City Secretary THE CITY OF H M . c Woodwar - -, Mayor API" OVE' AS TO FORM: are eider, ity Attorney