02.06.17 Town Council Special Meeting Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Consider and act upon a resolution calling upon the 85th Texas Legislature to enact
legislation that would authorize additional Town economic development purposes and
incentives pursuant to Subchapter B of Chapter 351 of the Texas Tax Code. (HJ)
3. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall,
located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to
the general public at all times, and said Notice was posted by 5:00 p.m. on February 3, 2017, and remained
so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-
1011 at least 48 hours prior to the meeting time.
AGENDA
Special Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Monday, February 6, 2017
6:15 p.m.
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To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 6, 2017
Agenda Item:
Consider and act upon a resolution calling upon the 85th Texas Legislature to enact legislation
that would authorize additional Town economic development purposes and incentives pursuant
to Subchapter B of Chapter 351 of the Texas Tax Code.
Description of Agenda Item:
The 85th Texas Legislature was convened on January 10, 2017. Proposed legislation related to
economic development, local control of municipal affairs, and transportation has already been
introduced, and could have significant effects on municipalities across the state. Due to the
potential effect of this legislation on local government, it is in the Town’s best interest to stay
involved in the legislative process and to support legislation that will benefit the residents of the
Town of Prosper.
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council approve a resolution calling upon the 85th Texas
Legislature to enact legislation that would authorize additional Town economic development
purposes and incentives pursuant to Subchapter B of Chapter 351 of the Texas Tax Code.
Proposed Motion:
I make a motion to approve a resolution calling upon the 85th Texas Legislature to enact legislation
that would authorize additional Town economic development purposes and incentives pursuant
to Subchapter B of Chapter 351 of the Texas Tax Code.
Prosper is a place where everyone matters.
TOWN SECRETARY’S
OFFICE
TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, CALLING UPON THE 85TH TEXAS LEGISLATURE TO ENACT
LEGISLATION THAT WOULD PERMIT THE TOWN OF PROSPER TO UTILIZE
THE FUTURE COLLECTION OF HOTEL OCCUPANCY TAXES AND OTHER
RELATED TAXES FOR THOSE ECONOMIC DEVELOPMENT PURPOSES
AUTHORIZED BY SUBCHAPTER B OF CHAPTER 351 OF THE TEXAS TAX
CODE; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper is a thriving community located in two of the fastest
growing counties in the nation; and
WHEREAS, tourism and hospitality have been central to the economic prosperity of the
North Texas region; and
WHEREAS, Subchapter B of Chapter 351 of the Texas Tax Code provides, in part, that
certain authorized municipalities may utilize hotel occupancy taxes for specific purposes to
promote tourism and the convention and hotel industry, including a wide array of tourist, cultural,
artistic, and special exhibitions and projects specifically enumerated in Section 351.101 of the
Texas Tax Code; and
WHEREAS, in order to avail itself of the economic development options related to the use
of hotel occupancy taxes contained in Subchapter B of Chapter 351 of the Texas Tax Code, the
Town of Prosper must specifically be included as an “eligible central municipality,” as that term is
defined in Section 351.102 of the Texas Tax Code; and
WHEREAS, it is the desire of the Town to have the option of considering the economic
development alternatives provided for in Subchapter B of Chapter 351 of the Texas Tax Code
and to do so, it must specifically be included in legislation authorizing such alternatives.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct and are incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town of Prosper hereby fully endorses the introduction of legislation in the 85th Texas
Legislature amending Section 351.102 of the Texas Tax Code to include the Town as an eligible
central municipality relative to the uses of hotel occupancy tax proceeds as authorized by Chapter
351 of the Texas Tax Code.
SECTION 3
Any and all resolutions, rules, regulations, policies, or provisions in conflict with the
provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict
herewith.
Resolution No. 17-__, Page 2
SECTION 6
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 6TH DAY OF FEBRUARY, 2017.
___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney