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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 Page2of3 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 Page 3 of 3 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