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HomeMy WebLinkAbout19792 ORD - 06/09/1987TEXAS: AN ORDINANCE RELATING TO TAXATION OF TELECOMMUNICATIONS SERVICES; REPEALING THE APPLICATION OF THE EXEMPTION PROVIDED FOR IN SECTION 4B(a) OF ARTICLE 1066C V.A.T.C.S.; PROVIDING FOR NOTIFICATION TO THE COMPTROLLER OF THE STATE OF TEXAS; PROVIDING THAT NO SUCH TAX PROVIDED FOR HEREUNDER SHALL SERVE 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 CORPUS CHRISTI; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. A tax is hereby authorized on all telecommunications services sold within the City of Corpus Christi, Texas. For purposes of this section, the sale of telecommunications services is consummated at the location of the telephone or other telecommunications device from which the call or other communication originates. If the point of origin cannot be determined, the sale is consummated at the address to which the call or other communication is billed. The application of the exemption provided for in Article 1066c, Section 4B(a), V.A.T.C.S., is hereby repealed by the City of Corpus Christi, Texas, as authorized by Section 4B(b) thereof. The rate of tax imposed by this section shall be the same as the rate imposed by the City of Corpus Christi, Texas, for all other local Sales and Use Taxes as authorized by the legislature of the State of Texas. 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. This section shall become effective as of October 1, 1987. SECTION 2. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Corpus Christi, Texas, and this 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 way reduce any amount payable to the City pursuant to any franchise, street use ordinance, charter provision, statute or, without limitation by the foregoing enumeration, 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. 05P.078.01 1: s2 MICROFILMED SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance is to be liberally construed to achieve its remedial purposes. SECTION 5. This ordinance shall become effective from and after its passage as provided by law. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passe and shall take effect upon first reading as an emergency measure this the Mday of , 19 9 '%. ATTEST: CiP)/}0—S1 ty Secretary MMYOR THE CI OF CORPUS CHRISTI, TEXAS APPROVED: DAY OFc4.,..R , 19?7 HAL GEORGE, CITY ATTORNEY 05P.078.01 ity Attorney Corpus_ Christi, Texas J�q dd.; of — [ !i ,1P , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, 99.045.01 Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez ' Clif Moss Bill Pruet Mary Rhodes .Mary Pat Slavik Linda Strong