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146 ORDINANCE 1983-54 AN ORDINANCE OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ARTICLE II OF CHAPTER 26 OF THE CODE OF ORDINANCES OF SAID CITY TO DEFINE TERMS; TO INCREASE FROM FOUR PERCENT (4%) TO SEVEN PERCENT (7%) THE TAX UPON THE COST OF OCCUPANCY OF ANY SLEEPING ROOM FURNISHED BY ANY HOTEL IN SAID CITY WHERE THE COST OF OCCUPANCY IS AT THE RATE OF TWO DOLLARS ($2) OR MORE PER DAY; TO PROVIDE THAT ANY REVENUES FROM A TAX IN EXCESS OF FOUR PERCENT (4 %) OF THE CONSIDERATION PAID BY AN OCCUPANT OF THE SLEEPING ROOM TO THE HOTEL MAY ONLY BE USED FOR CONVENTION CENTER IMPROVEMENTS, FACILITIES AND PERSONNEL FOR THE REGISTRATION OF CONVENTIONEERS AND ADVERTISING AND PROMOTING THE CITY; TO PROVIDE THAT NO MORE THAN ONE PERCENT (l%) OF THE CONSIDERATION PAID BY SUCH AN OCCUPANT MAY BE USED FOR THE ENCOURAGEMENT, PROMOTION, IMPROVEMENTS AND APPLICATION OF THE ARTS; TO AUTHORIZE ENFORCEMENT ACTIONS BY SAID CITY TO CLOSE DOWN HOTELS DELINQUENT IN THE PAYMENT OF SAID TAX AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Article I I, entitled "Hotel Occupancy Tax", of Chapter 26 of the Code of Ordinances, City of San Marcos, Texas, is hereby amended to read as follows: Article II. Hotel Occupancy Tax Sec. 26-16. Definitions. The following words, terms and phrases are, for the purpose of this article, defined as follows: (a) "Hotel" shall mean any building or buildings in which the public may, for a consideration, obtain sleeping accomodations. The term shall include hotels, motels, tourist homes, houses, or courts, lodging houses, inns, rooming houses, or other buildings where rooms are furnished for a consideration, but "hotel" shall not be defined so as to include hospitals, sanitariums, or nursing homes. (b) "Consideration" shall mean the cost of the room in such hotel only if the room is one ordinarily used for sleeping, and