HomeMy WebLinkAboutColleyville Crime Control and Prevention District (CCCPD) Resolutions (R-10-0049)-02/16/2010DENIED FEBRUARY 16, 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 February 16, 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
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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
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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
AYES, NAYS, AND
2010, BY A VOTE OF
ABSTENTIONS.
DENIED FEBRUARY 16, 2010
ATTEST:
COLLEYVILLE CRIME CONTROL
AND PREVENTION DISTRICT
Cynthia Singleton, TRMC, CMC
City Secretary
Tom Hart
President