Loading...
HomeMy Public PortalAboutOrdinance No. 795-96 05-28-1996 • ORDINANCE NO. 7 9 5- 9 6 AN ORDINANCE ADOPTING AND LEVYING THE SALES AND USE TAX AUTHORIZED BY SECTION 4B OF ARTICLE 5190.6, TEXAS REVISED CIVIL STATUTES AS AMENDED, FIXING AN EFFECTIVE DATE OF JULY 1, 1996 FOR THE TAX; MAKING FINDINGS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Section 4B of Article 5190.6 Texas Revised Civil Statutes, as amended, (the Act), authorizes each eligible city (i) to create a corporation for the purpose of providing and financing the costs of "projects" as defined in Section 4B, and (ii) to adopt and levy within the city a sales and use tax for the benefit of the corporation if approved at an election that is or has been held in accordance with Section 4B of the Act; and WHEREAS, the City of Richland Hills (the "City") is located in Tarrant county, being a county having a population greater than 1,100,000, and in which there are more than 40 incorporated municipalities, according to the most recent federal decennial census and the combined rate of all sales and use taxes imposed by the City, the State of Texas and other political subdivisions of the State having territory in the City did not exceed 7.75 percent on January 20, 1996, and the City is, • therefore, an "eligible city" under Section 4B of the Act; and WHEREAS, pursuant to Ordinance No. 768-95 (the "Election Ordinance") adopted by the City Council (the "City Council") of the City on October 24, 1995, an election (the "Election") was called for and the Election was duly held on January 20, 1996, within the City for the purpose of permitting the qualified voters of the City to vote on the proposition whether or not to levy and collect an additional one-half cent sales and use tax for the purpose of providing projects of the types added to the definition of that term in Section 4B of the Act; and WHEREAS, the City Council canvassed the results of the Election and found that a total of 238 votes were cast at the Election and that 174 votes were cast for the proposition and 64 votes were cast against the proposition, and the City Council found and declared, therefore, that the proposition submitted at the Election had passed and was approved and adopted by the voters of the City; and WHEREAS, the City Council having determined and found that all prerequisites to its implementation of the authority granted to eligible cites under Section 4B of the Act have been met, satisfied, and accomplished, intends by this ordinance to adopt and levy the sales and use tax permitted by Section 4B of the Act; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. All of the findings, declarations and recitations contained in • the recitals of this Ordinance are hereby incorporated herein and are made and adopted as the official findings and determinations of the City Council. ORDINANCE NO. 7 9 5- 9 6 PAGE 1 SECTION 2. (a) The City Council hereby adopts the sales and use tax authorized and imposed by Section 4B of the Act, and accordingly, there is hereby levied and there shall be collected within the City (i) a tax on the receipts from the sale at retail of taxable items within the City at a rate equal to one-half of one percent, and (ii) an excise tax on the use, storage, or other consumption within the City of tangible personal property purchased, leased or rented from a retailer during the period that the tax is effective within the City, such excise tax to be at the same rate of the sales tax described in clause (i) above, and to be applied to the sale price of the tangible personal property; with the imposition, computation, administration, collection, and remittance of the tax to be governed by Chapter 321, Texas Tax Code, except as inconsistent with Section 4B of the Act. (b) The City Council hereby declares and orders that the effective date for the commencement of collection of the tax adopted and levied by this Ordinance and imposed by Section 4B of the Act is July, 1, 1996, said date being the first day of the first calendar quarter after the expiration of the first complete calendar quarter occurring after the date upon which the Comptroller of Public Accounts received notice of the results of said Election. SECTION 3. The City Secretary is directed to certify a copy of this Ordinance immediately, and the Mayor is authorized and directed to send such copy to the Comptroller of Public Accounts of the State of Texas by certified mail no later than 10 days after the date of final adoption of this Ordinance by the City Council, with the request that the Comptroller take all steps necessary to commence the collection of the tax adopted and levied herein and imposed by Section 4B of the Act on and as of the effective date stated in Section 2(b) of this Ordinance. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the28th day of MaY 1996, by a vote of 5 ayes, 0 nays, and ~ abstentions. APPROVED: C. F. Kelley, Mayor ATTEST: tt Terri Wi isl~l' ,City Secretary APPROVED AS TO FORM AND LEGALITY: • James A. Cribbs, City Attorney rhlib 121 /bh/051696 ORDINANCE NO. 7 9 5- 9 6 PAGE 2