HomeMy WebLinkAboutColleyville Crime Control and Prevention District (CCCPD )-Agenda Packets-2/2/2010;_:~ _,,,
City of Colleyville 100 Main Street
r Colleyville, Texas 76034
~"~~' ~~~~~ ~~ A e n d a 817. 503.1000
~~ g www.colleyville.com
Colleyville Crime Control and Prevention
District Board
Tuesday, February 2, 2010 5:00 PM City Council Chambers
1. CALL TO ORDER
2. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-0047
2a Approval of the minutes of the Crime Control and Prevention District
Board of Directors meeting of June 16, 2009
3. RESOLUTION(S):
READING AND PUBLIC HEARING
3a R-10-0048 Authorization of the imposition of the local sales tax on residential
electric and gas services
3b R-10-0049 Authorization of the imposition of the local sales tax on
telecommunication services
4. ADJOURNMENT
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
January 29, 2010, by ~ .m.
Cynthia Singleton, TRMC, CMC
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be opened for public
comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1 Printed on 1/28/2010
RESOLUTION R-10-0047
A RESOLUTION APPROVING COLLEYVILLE CRIME CONTROL AND
PREVENTION DISTRICT BOARD OF DIRECTORS ACTION UNDER CONSENT
ITEMS AT THE MEETING OF FEBRUARY 2, 2010
WHEREAS, Colleyville Crime Control and Prevention District Board of Directors has
taken action on certain items on the agenda under Consent Items.
NOW, THEREFORE, BE IT RESOLVED BY THE COLLEYVILLE CRIME CONTROL
AND PREVENTION DISTRICT BOARD OF DIRECTORS OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the agenda decisions approved by the Colleyville Crime Control and
Prevention District Board of Directors action under Consent Items as
follows are hereby adopted:
a. THAT the minutes of the Colleyville Crime Control and Prevention District
Board of Directors meeting held June 16, 2009, are hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF
ABSTENTIONS, THIS THE
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
AYES, NAYS AND _
DAY OF 2010.
COLLEYVILLE CRIME CONTROL
AND PREVENTION DISTRICT
Tom Hart
President
~~
`i'~'`° City of Colleyville
~~ Minutes -Draft
T<rl<~+
Colleyville Crime Control and
Prevention District Board
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, June 16, 2009
6:30 PM
City Council Chambers
The meeting of the Colleyville Crime Control and Prevention District
(CCCPD) Board of Directors was called to order by President Tom Hart
on June 16, 2009, at 6:30 p.m.
ROLL CALL: Directors David Kelly, Jon Ayers, Stan Hall, Carol
Wollin and Vice President Mike Taylor were present. President Tom
Hart, City Manager Jennifer Fadden, Assistant City Manager Kelly
Cooper, Treasurer Terry Leake, Police Chief Tommy Ingram and
City Secretary Cynthia Singleton were also present.
2. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-0044
2a Approval of the minutes of the Crime Control and Prevention District
Board of Directors meeting of June 17, 2008
President Hart read Resolution R-09-0044 in its entirety.
President Hart opened the public hearing.
There was no one present wishing to speak concerning this item and
President Hart closed the public hearing.
Director Ayers moved to approve Resolution R-09-0044.
Director Taylor seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
3. READING AND PUBLIC HEARING
3a R-09-0045 Adopting the annual budget for Fiscal Year 2010 (FY 2010) of the
Colleyville Crime Control and Prevention District (CCCPD)
President Hart read Resolution R-09-0045 in its entirety.
President Hart opened the public hearing.
City of Colleyville Page 1 Printed on 1/28/2010
Colleyville Crime Control and Minutes -Draft June 16, 2009
Prevention District Board
There was no one present wishing to speak concerning this item and
President Hart closed the public hearing.
Police Chief Tommy Ingram provided an overview of the proposed
expenditures and answered questions of the City Council.
Director Kelly moved to approve Resolution R-09-0045.
Director Ayers seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
3b R-09-0046 Election of a President and Vice President of the Colleyville Crime
Control and Prevention District Board of Directors
President Hart read Resolution R-09-0046 in its entirety.
President Hart opened the public hearing.
There was no one present wishing to speak concerning this item and
President Hart closed the public hearing.
Director Ayers moved to approve Resolution R-09-0046, appointing
Director Hart as President and Director Taylor as Vice President.
Director Kelly seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
4. ADJOURNMENT
There being no further business before the Colleyville Crime Control and
Prevention District Board, Director Kelly moved to adjourn.
President Hart seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
City of Colleyville Page 2 Printed on 1/28/2010
Colleyville Crime Control and Minutes -Draft June 16, 2009
Prevention District Board
President Hart adjourned the meeting at 6:41 p.m.
APPROVED BY A VOTE OF AYES, NAYS AND
ABSTENTIONS ON THIS THE DAY OF 2010.
Minutes taken and prepared by:
Cynthia Singleton, TRMC, CMC
City Secretary
City of Colleyville Page 3 Printed on 1/28/2010
.;~ ' ~.,
` ~ City of Colleyville 100 Main Street
ii
~ Colleyville, Texas 76034
~~~~~- Agenda Briefing 817.503.1000
www.colleyville.com
File Number: R-10-0048
File Number: R-10-0048
Version: 1
Requester: Office of the City
Manager
File Type: Resolution
Agenda Date: 02/02/2010
Agenda No.: 3a
Status: Resolution
Controlling Body: Colleyville Crime
Control and
Prevention District
Board
Final Action:
File Name: Authorization of the imposition of the local sales tax on residential electric and gas services
Attachments: Resolution R-10-0048.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 02/02/2010 Colleyville Crime Control
and Prevention District
Board
Title
Authorization of the imposition of the local sales tax on residential electric and gas services
Explanation
Reading and Public Hearing
Currently, sales tax is not charged on residential gas and electric sales on behalf of the
Colleyville Crime Control and Prevention District (CCCPD) as it was prohibited by state law.
At the most recent 81st Legislative Session, Senate Bill (SB 575) was approved, which now
authorizes a crime control and prevention district organized under Chapter 363, Local
Government Code that imposes sales tax under Tax Code 321.108, and is located in all or
part of a municipality that imposes a tax on the residential use of gas and electricity, will be
allowed to impose tax throughout the special purpose district on residential use of gas and
electricity effective January 1, 2010 for tax collection purposes. The CCCPD meets this
criteria.
For the sales tax to take effect, the CCCPD must meet and adopt a resolution imposing the
tax on residential use of gas and electricity on or after January 1, 2010, the effective date of
Tax Code Section 321.1055. After adoption, a full calendar quarter must elapse before the
resolution becomes effective. For example, a resolution adopted on February 2, 2010,
becomes effective on July 1, 2010. Resolution R-10-0048 is attached for the Board's
consideration.
The adoption of this option in conjunction with the option on telecommunications sales
would add significant revenue to the CCCPD budget. Due to sales tax confidentiality laws,
City of Colleyville Page 1 Printed on 1/29/2010
Agenda Briefing Continued (R-10-0048)
the additional sales tax on each individual option cannot be determined. However, the
difference for both options can. In Fiscal Year 2009, the adoption of both options would
have added $242,493 to the CCCPD's sales tax revenue.
Financial Impact
The adoption of residential gas and electric sales tax in conjunction with the sales tax on
telecommunications is estimated to generate over $200,000 in revenue annually for the
CCCPD.
Recommendation
Approval
City of Colleyville Page 2 Printed on 1/29/2010
RESOLUTION R-10-0048
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COLLEYVILLE CRIME
CONTROL AND PREVENTION DISTRICT, AUTHORIZING THE IMPOSITION OF THE
CRIME CONTROL AND PREVENTION DISTRICT SALES AND USE TAX AT THE
RATE OF ONE-HALF OF ONE PERCENT ON GAS AND ELECTRICITY FOR
RESIDENTIAL USE; PROVIDING FOR THE NOTIFICATION OF THE STATE
COMPTROLLER'S OFFICE; PROVIDING FOR THE NOTIFICATION OF THE GAS
AND ELECTRIC COMPANIES WITHIN THE BOUNDARIES OF THE CITY OF
COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT; PROVIDING FOR
THE PUBLICATION OF SAID RESOLUTION; PROVIDING A SEVERABILITY
CLAUSE; AND DECLARING AN EFFECTIVE DATE
WHEREAS, on January 16, 1999, the eligible voters of the City of Colleyville Crime
Control and Prevention District whose boundaries are consistent with the
boundaries of the City of Colleyville's corporate boundaries approved, and
on September 13, 2003, reapproved the Crime Control and Prevention
District sales and use tax, at the rate of one-half of one percent as
provided by Chapter 363 of the Texas Local Government Code and
Section 321.108 of the Texas Tax Code; and
WHEREAS, the City of Colleyville imposes a tax on the residential use of gas and
electricity pursuant to section 321.105 of the Texas Tax Code; and
WHEREAS, Section 321.1055 of the Texas Tax Code, as added to the Texas Tax
Code by Senate Bill 575 of the 81St Legislature, which takes effect January
1, 2010, provides the authority for the Board of Directors of the Colleyville
Crime Control and Prevention District to approve by a majority vote of the
membership of the Board of Directors, an Order or Resolution adopted in
a public hearing and recorded in the District's minutes, to impose a tax
adopted under Section 321.108 of the Texas Tax Code, on receipts from
the sale, production, distribution, lease, or rental of, and the use, storage,
or other consumption of, within the Crime Control and Prevention District,
gas and electricity for residential use; and
WHEREAS, consistent with Section 321. 1055(b) of the Texas Tax Code, the Board of
Directors of the Colleyville Crime Control and Prevention District held a
public hearing on February 2, 2010, and considered any and all public
comments offered at the public hearing in regard to the imposition of the
Crime Control and Prevention District sales and use tax authorized by
Section 321.108 of the Texas Tax Code, at the rate of one-half of one
percent on receipts from the sale, production, distribution, lease, or rental
of, and the use, storage, or other consumption of, within the Crime Control
and Prevention District, gas and electricity for residential use, as
authorized by Section 321.1055 of the Texas Tax Code, as amended.
Resolution R-10-0048
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT:
Sec. 1. THAT all the above premises are found to be true and correct and are
hereby incorporated into this Resolution as if copied in their entirety.
Sec. 2. THAT the Colleyville Crime Control and Prevention District hereby
imposes a sales and use tax on gas and electricity for residential use, at
the rate of one-half of one percent, that said tax is hereby authorized and
imposed on receipts from the sale, production, distribution, lease, or rental
of, and the use, storage, or other consumption of, within the Colleyville
Crime Control and Prevention district, gas and electricity for residential
use, as authorized by Section 321.1055 of the Texas Tax Code, as
amended.
Sec. 3. THAT the City Secretary is hereby directed to forward to the State
Comptroller's office by certified mail, return receipt requested, a copy of
this Resolution.
Sec. 4. THAT the City Secretary is hereby directed to send a copy of this
Resolution and a copy of the Colleyville Crime Control and Prevention
District's boundaries by certified mail, return receipt requested, to each
gas and electric company whose customers are subject to the tax
imposed by this Resolution.
Sec. 5. THAT the City Secretary is hereby directed to cause this Resolution to be
published in a newspaper of general circulation within the Colleyville
Crime Control and Prevention District.
Sec. 6. THAT it is hereby declared to be the intention of the Colleyville Crime
Control and Prevention District that the phrases, clauses, sentences,
paragraphs, and sections of this Resolution are severable, and if any
phrase, clause, sentence, paragraph, or section of this Resolution shall be
declared unconstitutional by any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, and sections of this Resolution, since same would
have been enacted by the Colleyville Crime Control and Prevention
District without the incorporation in this Resolution of any such
unconstitutional phrase, clause, sentence, paragraph, or section, and said
remaining portions shall remain in full force and effect.
Sec. 7. THAT this Resolution shall take effect and be in full force from the date of
passage and be in full force and effect thereafter.
Resolution R-10-0048
Page 3 of 3
AND IT IS SO RESOLVED.
APPROVED THIS DAY OF
AYES, NAYS, AND
ABSTENTIONS.
2010 BY A VOTE OF
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
COLLEYVILLE CRIME CONTROL
AND PREVENTION DISTRICT
Tom Hart
President
;.~,,,
~~' ~~ ~; ~ City of Colleyville 100 Mlain Street
~ Colleyville, Texas 76034
r,,.,. Agenda Briefing 817.503.1000
www.colleyville.com
File Number: R-10-0049
File Number: R-10-0049
Version: 1
Requester: Office of the City
Manager
File Type: Resolution
Agenda Date: 02/02/2010
Agenda No.: 3b
Status: Resolution
Controlling Body: Colleyville Crime
Control and
Prevention District
Board
Final Action:
File Name: Authorization of the imposition of the local sales tax on telecommunication services
Attachments: Resolution R-10-0049.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 02/02/2010 Colleyville Crime Control
and Prevention District
Board
Title
Authorization of the imposition of the local sales tax on telecommunication services
Explanation
Reading and Public Hearing
Currently, sales tax is not charged on telecommunications services on behalf of the
Colleyville Crime Control Prevention District (CCCPD). State law authorizes the imposition
of this tax by a special purpose district such as the CCCPD, if the governing body of the
special purpose district votes to impose sales tax on these services. Resolution R-10-0049
is attached for the Board's consideration.
The local sales tax is collected based on where the call originates. If the origin of the call
cannot be determined, then the local sales tax collected is based on where the call is billed.
Local sales tax on mobile telecommunications services is determined differently. For mobile
telecommunications services, the local sales tax rate is determined by the customer's place
of primary use, generally the residential or primary business street address.
The adoption of this option in conjunction with the option on residential gas and electric
sales would add significant revenue to the CCCPD budget. Due to sales tax confidentiality
laws, the additional sales tax on each individual option cannot be determined, however, the
difference for both options can. In Fiscal Year 2009, the adoption of both options would
have added $242,493 to the CCCPD's sales tax revenue.
Financial Impact
The adoption of telecommunications sales tax in conjunction with the sales tax on
City of Colleyville Page 1 Printed on 1/29/2010
Agenda Briefing Continued (R-10-0049)
residential gas and electric sales is estimated to generate over $200,000 in revenue
annually for the CCCPD.
Recommendation
Approval
City of Colleyville Page 2 Printed on 1/29/2010
RESOLUTION R-10-0049
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COLLEYVILLE CRIME
CONTROL AND PREVENTION DISTRICT, ORDERING THE REPEAL OF THE
EXEMPTION OF THE SALES AND USE TAX ON TELECOMMUNICATIONS
SERVICES AND ORDERING THE IMPOSITION OF THE CRIME CONTROL AND
PREVENTION DISTRICT SALES AND USE TAX AT THE RATE OF ONE-HALF OF
ONE PERCENT ON TELECOMMUNICATIONS SERVICES; PROVIDING FOR THE
NOTIFICATION OF THE STATE COMPTROLLER'S OFFICE; PROVIDING FOR THE
NOTIFICATION OF THE TELECOMMUNICATIONS COMPANIES WITHIN THE
BOUNDARIES OF THE CITY OF COLLEYVILLE CRIME CONTROL AND
PREVENTION DISTRICT; PROVIDING FOR THE PUBLICATION OF SAID
RESOLUTION; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE
WHEREAS, on January 16, 1999, the eligible voters of the City of Colleyville Crime
Control and Prevention District whose boundaries are consistent with the
boundaries of the City of Colleyville's corporate boundaries approved, and
on September 13, 2003, reapproved the Crime Control and Prevention
District sales and use tax, at the rate of one-half of one percent as
provided by Chapter 363 of the Texas Local Government Code and
Section 321.108 of the Texas Tax Code; and
WHEREAS, the City of Colleyville imposes a tax on telecommunications services
pursuant to section 321.210 of the Texas Tax Code; and
WHEREAS, the Texas Tax Code provides authority for the Board of Directors of the
Colleyville Crime Control and Prevention District (hereinafter referred to as
the "District"), by a majority vote of the membership of the Board of
Directors to repeal the application of the telecommunications services
sales tax exemption for telecommunications services sold within the
District; and
WHEREAS, the Board of Directors of the District held a public hearing on February 2,
2010, and considered any and all public comments offered at the public
hearing in regard to ordering the repeal of the telecommunications sales
tax exemption by the District, as authorized by Section 321.210 of the
Texas Tax Code, as amended; and
WHEREAS, the Texas Tax Code requires a copy of this resolution be sent to the State
Comptroller's office by United States certified or registered mail. Further,
the repeal of the application of the exemption takes effect within the
District on the first day of the first calendar quarter after the expiration of
the first complete calendar quarter after the date on which the Comptroller
receives notification of the resolution; and
Resolution R-10-0049
Page 2 of 3
WHEREAS, all statutory and constitutional requirements for the passage of this
Resolution have been adhered to, including but not limited to the Open
Meetings Act; and
WHEREAS, the Board of Directors of the District determines that the passage of this
Resolution is in the best interests of the health, safety and welfare of the
public.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT:
Sec. 1. THAT all the above premises are found to be true and correct and are
hereby incorporated into this Resolution as if copied in their entirety.
Sec. 2. THAT the Board of the Colleyville Crime Control and Prevention District
hereby orders repeal of the exemption of a sales and use tax and orders
the imposition of a sales and use tax on telecommunications services, at
the rate of one-half of one percent, that said tax is hereby authorized
pursuant to Section 321.210 of the Texas Tax Code, as amended. For
purposes of this section, the sale of telecommunications services is
consummated at the location of the telephone or other
telecommunications device from which the call or other communication
originates. If the point of origin cannot be determined, the sale is
consummated at the address to which the call or other communication is
billed.
Sec. 3. THAT the City Secretary is hereby directed to forward to the State
Comptroller's office by certified mail, return receipt requested, a copy of
this Resolution.
Sec. 4. THAT the City Secretary is hereby directed to send a copy of this
Resolution and a copy of the Colleyville Crime Control and Prevention
District's boundaries by certified mail, return receipt requested, to each
telecommunications company whose customers are subject to the tax
imposed by this Resolution.
Sec. 5. THAT the City Secretary is hereby directed to cause this Resolution to be
published in a newspaper of general circulation within the Colleyville
Crime Control and Prevention District.
Sec. 6. THAT it is hereby declared to be the intention of the Colleyville Crime
Control and Prevention District that the phrases, clauses, sentences,
paragraphs, and sections of this Resolution are severable, and if any
phrase, clause, sentence, paragraph, or section of this Resolution shall be
declared unconstitutional by any court of competent jurisdiction, such
Resolution R-10-0049
Page3of3
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, and sections of this Resolution, since same would
have been enacted by the Colleyville Crime Control and Prevention
District without the incorporation in this Resolution of any such
unconstitutional phrase, clause, sentence, paragraph, or section, and said
remaining portions shall remain in full force and effect.
Sec. 7. THAT this Resolution shall take effect and be in full force from the date of
passage and be in full force and effect thereafter.
AND IT IS SO RESOLVED.
APPROVED THIS DAY OF 2010 BY A VOTE OF
AYES, NAYS, AND ABSTENTIONS.
ATTEST:
COLLEYVILLE CRIME CONTROL
AND PREVENTION DISTRICT
Cynthia Singleton, TRMC, CMC Tom Hart
City Secretary President