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HomeMy WebLinkAbout025082 ORD - 11/12/2002AN ORDINANCE ADOPTING AND LEVYING A SALES AND USE TAX FOR THE PURPOSE OF CONTINUING TO FINANCE THE OPERATION OF THE CORPUS CHRISTI CRIME CONTROL AND PREVENTION DISTRICT AS APPROVED BY THE VOTERS OF CORPUS CHRISTI IN PROPOSITION I AT THE ELECTION ON NOVEMBER 5, 2002; DECLARING THE RESULTS OF THE ELECTION CONTINUING SAID DISTRICT; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, at an election held on November 4, 1997, the Corpus Christi Crime Control and Prevention District was lawfully created and a sales and use tax of one-eighth of one percent was authorized; and WHEREAS, Subchapter F, Chapter 363, Texas Local Government Code, the Crime Control and Prevention District Act ("the Act"), provides for the continuation of a crime control and prevention district in a city; and WHEREAS, in accordance with the Act, an election was held in the City of Corpus Christi on November 5, 2002, for the purpose of submitting to the voters of the City of Corpus Christi a proposition authorizing the continuation of the Corpus Christi Crime Control and Prevention District and the continuation of the sales and use tax at a rate of one-eighth of one percent; and WHEREAS, the results of the election were favorable to the continuation of the Corpus Christi Crime Control and Prevention District ("the District") and the continuation of said sales and use tax, and on November 11, 2002 said results were canvassed and declared by order of the Board of Directors of the Corpus Christi Crime Control and Prevention District pursuant to the Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CORPUS CHRISTI, TEXAS: SECTION 1. That all actions concerning the submission ofthe proposition to the voters of the City having been taken and the tax authorized by the Act having been approved by the voters of the City as stated herein, the City Council does hereby adopt and levy a sales and use tax at a rate of one-eighth of one percent on the sale of items at retail within the City and an excise tax at the same rate on the use, storage, or other consumption within the City of tangible personal property purchased, leased, or rented from a retailer during such time as the Tax is effective within the City (hereinafter collectively referred to as the "Tax") The Tax shall be used for financing the operation of the Corpus Christi Crime Control and Prevention District. SECTION 2. The Tax shall be administered, collected, and remitted in accordance with the Act and, to the extent not inconsistent with the Act, in accordance with Chapter 323, Texas Tax Code, as amended. SECTION 3. The Tax shall continue within the City for an additional five years beyond its 025082 original term in accordance with Chapter 363, Texas Local Government Code. SECTION 4. The results of the election on November 5, 2002, on "Whether the Corpus Christi Crime Control and Prevention District should be continued for five years and the crime control and prevention district sales tax should be continued for five years" were 46,186 in favor and 13,238 against, so that the proposition was approved by 32,948 votes. SECTION 5. The City Manager shall provide a copy of this Ordinance levying the Tax to the Comptroller of Public Accounts as soon as possible, such copy to be sent to the Comptroller by certified mail in accordance with Chapter 323, Tax Code. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. SECTION 7. Upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary to notify the Comptroller of the approval of the Tax and for the 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 at two regular meetings so that this ordinance is Pats~ed and shall take ~ffect upon first reading as an emergency measure this the lt.-q~h day of 1~, b~,W_ .~k_~50'~ 2002. ATTEST: City Secretary THE CITY OF CORPUS CHRISTI APPROVED THIS THE % DAY OF ~Jn o,:..~]o--ew' , 2002. JAMES R. BRAY JR., CITY ATTORNEY Corpus Christi, Texas ,2002. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, THE CITY OF CORP~CHRISTI Council Members The above ordinance wa~ passed by the following vote; Samuel L. Neal, Jr. ~[~-~ Brent Chesney ~ Javier D. Colmenero Henry Garrett Bill Kelly Rex Kinnison John Longoria Jesse Noyola Mark Scott 025082