HomeMy WebLinkAboutOrdinance No. 98-1015 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. U/aC-/D,/'.5-
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, LEVYING
A SALES AND USE TAX WITHIN THE CITY AT THE RATE OF
ONE-HALF OF ONE PERCENT (1/2%) PURSUANT TO SECTION 4B OF
ARTICLE 5190.6, V.T.C.S., THE DEVELOPMENT CORPORATION ACT
OF 1979; PROVIDING THAT THE SALES TAX COLLECTED SHALL BE
FOR THE PURPOSES SET FORTH IN SECTION 4B; DIRECTING THE
CITY SECRETARY TO NOTIFY THE STATE COMPTROLLER OF
PUBLIC ACCOUNTS OF THE RESULTS OF THE SALES AND USE TAX
ELECTION HELD WITHIN THE CITY ON JANUARY 17, 1998;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 17, 1998, there was submitted to the duly qualified
voters of the City of The Colony, Texas (the "City") a proposition pertaining to the levy,
collection and use ora one-half of one percent sales and use tax for the purposes set forth in the
proposition and in Section 4B of Article 5190.6, V.T.C.S., the Development Corporation Act of
1979 (the "Act"); and
WHEREAS, on January 20, 1998, the City Council canvassed the returns of the sales
and use tax election and it was determined by the adoption of Ordinance No. c?~_ IOl2~ that a
majority of the qualified voters voting at the election voted for the sales and use tax; and
WHEREAS, Section 4B(d) of the Act provides that the City Council may, by ordinance,
levy a sales and use tax for the benefit of an economic development corporation created by the
City in accordance with the Act when the tax is authorized by a majority of the qualified voters
voting at the election; and
WHEREAS, the City Council, by the adoption of this ordinance, desires to levy the sales
and use tax at the rate of one-half of one percent (1/2%) to be used for the purposes set forth in
the Act and in the articles and bylaws of the corporation to be created pursuant to the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. Tax Levied. There is hereby levied and imposed a tax on the receipts from the
sale at retail of taxable items within the City at the rate of one-half of one percent (1/2%), and at
the same rate on the receipts from the sale at retail within the City of gas and electricity used for
residential use and on all other goods or services sold within the City as authorized by State law
(including Chapter 321, Tex. Tax Code) or any ordinance of the City. The tax levied and
imposed hereby is to be used in accordance with and for the purposes authorized by Section 4B
and other relevant provisions of article 5190.6, the Development Corporation Act of 1979.
Section 2. Notification to Comptroller. The City Secretary is hereby directed to take all
steps necessary to notify the Comptroller of Public Accounts of the State of Texas of the results
of the sales and use tax election described in the premises above to ensure collection of the tax.
Section 3. Savings. This Ordinance shall be cumulative of all other ordinances of the
City affecting City taxes and shall not repeal any of the provisions of those ordinances except in
those instances where the provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance.
Section 4. Severability. The sections, paragraphs, sentences, phrases, clauses and
words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this Ordinance, and the City Council hereby declares that it wouId
have passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain In full force and effect.
Section 5. Effective date. This Ordinance shall become effective from and a~er its date
of passage as provided by law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 2nd day of February, 1998.
Mary Blair~tts, Mayor
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM: