HomeMy WebLinkAboutColleyville Crime Control and Prevention District (CCCPD) Resolutions (R-10-0048)-02/16/2010DENIED FEBRUARY 16, 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 February 16, 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
DENIED FEBRUARY 16, 2010
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
COLLEYVILLE CRIME CONTROL
AND PREVENTION DISTRICT
Tom Hart
President