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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