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HomeMy WebLinkAboutColleyville Crime Control and Prevention District (CCCPD) Resolutions (Resolution R-19-0083)-07/02/2019RESOLUTION R-19-0083 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, AUTHORIZING THE IMPOSITION OF THE LOCAL SALES TAX ON RESIDENTIAL USE OF GAS AND ELECTRICITY; AUTHORIZING THE CITY SECRETARY TO PROVIDE A COPY OF THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT'S MINUTES AND RESOLUTION TO THE STATE COMPTROLLER'S OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE 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 to impose a on receipt from the sale, production, distribution, lease, or rental of, and the use, storage, or other consumption within the district of, gas and electricity for residential use; 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, AS FOLLOWS: Sec. 1. THAT the foregoing recitals are hereby found to be true and correct findings of the Board of Directors, and are fully incorporated in to the body of this resolution. Sec. 2. Taxation on Residential Use of Gas and Electricity. (a) A tax is hereby authorized and imposed on all receipts from the sale, production, distribution, lease, or rental of, and the use of, storage, or other consumption within the district of, gas and electricity for residential use. (b) The rate of the tax imposed by this section shall be the same as the rate imposed by the District for all other Resolution R-19-0083 Page 2of2 local Sales and Use Taxes as authorized by the legislature of the State of Texas. (c) The City Secretary shall forward to the Comptroller of the State of Texas by certified mail return receipt requested a copy of this resolution along with a copy of the minutes of the Board of Directors' vote and discussion regarding this order. Sec. 3. It is hereby declared to be the intention of the Board of Directors that the phrases, clauses, sentences, paragraphs and sections of this resolution are severable, and if any phrase, clause, sentence, paragraph or section of this order shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this order, since the same would have been enacted by the Board of Directors without the incorporation of this order of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec.4. This Resolution shall become effective from and after its passage as provided by law. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF -5- AYES, _L NAYS, AND 0 ABSTENTIONS, THIS THE 2ND DAY OF JULY 2019. President Bobby LindamoodAbnent-Vice President Richard Newton AYE. Director Tammy Nakamura NA Director Kathy Wheat Vi- Director George Dodson AYj. Director Chuck Kelley AYL Director Callie Rigney AYE ATTEST: Christine Loven, TRMC City Secretary COLLEYVILLE CRIME CONTROL AND-REVENTION DISTRICT ­--1: , Ldam President