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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