HomeMy WebLinkAbout025083 ORD - 11/12/2002AN ORDINANCE
ADOPTING AND LEVYING A SALES AND USE TAX OF ONE-EIGHTH
OF ONE PERCENT FOR PURPOSES AUTHORIZED BY SECTION 4A OF
THE DEVELOPMENT CORPORATION ACT AS APPROVED BY THE
VOTERS OF CORPUS CHRISTI IN PROPOSITIONS 2, 2A, AND 2B AT
THE ELECTION ON NOVEMBER 5, 2002; PROVIDING AN EFFECTIVE
DATE; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Corpus Christi, by Ordinance No. 024952
ordered and called a Special election for the purpose of authorizing a sales and use tax pursuant to
Section 4A of Article 5190.6, Ve non s Texas C vil Statutes (The Development Corporation Act);
and
WHEREAS, in accordance with the Development Corporation Act (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 Proposition No. 2 authorizing a sales and use tax at a rate of one-
eighth of one percent for purposes authorized by Section 4A and Propositions No. 2A and No. 2B
authorizing said tax to be used for certain purposes authorized by Section 4B of the Act; and
WHEREAS, Propositions 2, 2A, and 2B passed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. All actions concerning the submission of the Proposition Nos. 2, 2A, and 2B
to the voters of the City having been taken and the tax authorized by Section 4A of the Development
Corporation Act having been approved by the voters of the City as stated in the Ordinance, 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 the purposes and for the length of time reflected in Proposition
Nos. 2, 2A, and 2B and in Ordinance No 024952. The Tax shall be administered, collected and
remitted in accordance with Section 4A of the Development Corporation Act and, to the extent not
inconsistent with the Act, in accordance with Chapter 321, Texas Tax Code, as amended. The
effective date of the Tax within the City shall be April 1, 2003, unless the Comptroller of Public
Accounts notifies the City in accordance with the Act that more time is needed to implement the Tax,
in which event the Tax shall be effective in accordance with the instructions of the Comptroller. The
one-eighth of one percent sales and use tax authorized by Proposition Nos. 2, 2A, and 2B shall be
in addition to, and shall be administered by the existing Section 4A board of directors separately from
the existing one-eighth percent sales and use tax for an arena and the existing one-eighth percent sales
and use tax for the seawall approved by the voters of the City of Corpus Christi on November 7,
2000.
025083
SECTION 5. The City Secretary 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 321, Tax Code.
SECTION 6. This ordinance shall be in full force and effect from and after its passage and
publication as required by laxv, and it is so ordained.
SECTION 7. That 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
massed and shall take effect upon first reading as an emergency measure this the ~ ~4~x day of
~ ~'q,"~ [3%~,g. XSQ. , 2002.
ATTEST:
City Secretary
MAYOR {~
THE CITY OF CORPUS CHRISTI
APPROVED THIS THE ~ DAY OF /~,]0vea.,,~-e~- ,2002.
JAMES R. BRAY JR., CITY ATTORNEY
Corpus Christi, Texas 1,/37-~day of !
,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: l/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 CORPUS CHRISTI
Council Members
The above ordinance w~ passed by the following vote:
//
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Hemy Garrett
Bill Kelly
Rex Kinnison '~L' ~,
John Longoria
Jesse Noyola
Mark Scott