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Ord. 1228 09-12-05ORDINANCE NO. 1228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TEMPORARILY SUSPENDING THE IMPOSITION OF THE CITY'S HOTEL OCCUPANCY TAX FOR THE RESIDENTS OF LOUISIANA, ALABAMA AND MISSISSIPPI THAT HAVE BEEN DISPLACED BY HURRICANE KATRINA. WHEREAS, Numerous families that previously resided in Louisiana, Alabama and Mississippi have been displaced and forced to take up residency in the City's various hotels; and WHEREAS, state law authorizes the City to collect a hotel occupancy tax, for purposes of promoting tourism and the hotel convention and hotel industry within the City; and WHEREAS, the City desires to temporarily suspend the imposition of the hotel occupancy tax for individuals that have fallen victim to hurricane Katrina; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That City Council hereby suspends, for sixty (60) days, the imposition of the City's hotel occupancy tax for the residents of Louisiana, Alabama and Mississippi that have been displaced by hurricane Katrina. Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. ORDINANCE NO. 1228 Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 6. Emergency. The City Council hereby declares that a public emergency exists for the temporary suspension of the hotel occupancy tax; therefore this Ordinance shall be passed finally on its first and only reading and shall take effect immediately upon its passage and approval by the City Council. Section 7. Effective Date. The Ordinance shall become effective immediately upon its passage and shall retroactively apply beginning September 2, 2005. PASSED and APPROVED ON FIRST AND ONLY READING this the 12th day of September , A. D., 2005. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ").„,,,)P. TOM REID MAYOR 2