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HomeMy Public PortalAboutOrdinance No. 584-88 09-12-1988 • ORDINANCE NO. 5 8 4 AN ORDINANCE RELATING TO TAXATION OF TELECOMMUNICATIONS SERVICES; AMENDING THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY THE ADDITION OF A NEW SUBSECTION "C" TO SECTION 3, "LOCAL SALES AND USE TAX" OF CHAPTER 1, "GENERAL PROVISIONS" OF SUCH CODE OF ORDINANCES REPEALING THE APPLICATION OF THE EXEMPTION PROVIDED FOR IN SECTION 321.210 OF THE TEXAS TAX CODE; PROVIDING FOR NOTIFICATION TO THE COMPTROLLER OF THE STATE OF TEXAS; PROVIDING THAT NO SUCH TAX PROVIDED FOR HEREUNDER SHALL SERVaE AS AN OFFSET TO OR TO REDUCE ANY AMOUNT PAYABLE BY ANY PROVIDER OF TELECOMMUNICATIONS SERVICE PURSUANT TO ANY FRANCHISE, STREET USE ORDINANCE, CHARTER PROVISION, STATUTE OR ANY OTHER IMPOSITION OF THE CITY OF RICHLAND HILLS; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Legislature through appropriate enactment has extended the state's Limited Sales and Use Tax to telecommunication services and has exempted same from application of the local Limited Sales and Use Tax, but has authorized cities through ordinance enactment to repeal such exemption from local taxation; and WHEREAS, it is the desire of the City Council of the City of Richland Hills, Texas, by appropriate ordinance, to repeal the exemption of telecommunications services from the City of Richland Hills Limited Sales and Use Tax and effect the collection thereof from and after January 1, 1989. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: L That Section 3, "Local Sales and Use Tax" of Chapter 1, "GENERAL PROVISIONS" of the Code of Ordinances, City of Richland Hills, Texas, as amended, is hereby amended by the addition of a new Subsection "C", "LOCAL SALES AND USE TAX ON TELECOMMUNICATIONS SERVICES" thereto, which Subsection shall read as follows: C. LOCAL SALES AND USE TAX ON TELECOM LIUNICATIONS SERVICES (1) A tax is hereby authorized on all telec ~mmunications services sold within the City of Richland Hills, Texas. For purl oses of this section, the sale of telecommunications services is consummated at ':he location of the telephone ORDINANCE NO. 5 8 4 Page 1 • or other communication device from which the call or other communication originates. If the point of origin cannot be determi-1ed, the sale is consummated at the address to which the call or other communication is billed. (2) The application of the exemption provided for in Section 321.210 of the Texas Tax Code is hereby repealed by the Cite of Richland Hills, Texas, as authorized by Subsection (b) thereof. (3) The rate of tax imposed by this section s:aall be the same as the rate imposed by the City of Richland Hills, Texas, for all other local Sales and Use Taxes as authorized by the Legislature of the State of Texas. (4) The City Secretary shall forward to the Comptroller of the State of Texas by United States Registered or Certified Mail a copy of this ordinance along with a copy of the minutes of the City Council's vote and discussion on this ordinance. (5) This Section shall become effective as of January 1, 1989. II. This ordinance shall be and it is hereby declared t ~ be cumulative of all other ordinances of the City of Richland Hills, Texas, and thi; ordinance shall not operate to repeal or affect any of such other ordinances. The tax provided for hereunder shall not serve as an offset to, be in lieu of or in any wa: reduce any amount payable to the City pursuant to any franchise, street use c :~dinance, charter provision, statute or, without limitation by the foregoing enumeL ation, otherwise payable by any provider of telecommunications service; it being the express intent hereof that all such obligations, impositions and agreements of every kind and nature shall remain in full force and effect without reduction or limitation hereby. III. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, causes and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such ine alidity or unconstitutionality shall not affect any of the remaining phrases, clause sentences, paragraphs and sections of this ordinance, since the same would ha4 4 been enacted by the City Council without the incorporation in this ordinan; a of any such invalid or unconstitutional phrase, clause, sentence, paragraph or ; ection. IV. This ordinance is to be liberally construed to achiev ~ its remedial purposes. ORDINANCE NO. 5 8 4 Page 2 V. Saving Clause. That Chapter 1 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. VI. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 12 day of Sept . 1988; by a vote of 5 ayes, 0 nays and 0 abstentions. APPROVED: / r-- W. H. (Bill) Vincent, Jr., Mayor ATTE~T: Pauline Kempe, City Secretary AP OVED S TO FORM: ~ - ~l~~~ , aul F. Wieneskie, City Attorney OlOSa/dd/91288 ORDIlVANCE NO. 5 8 4 Page 3