HomeMy WebLinkAboutCCPD 1996-05-13 AgendasCITY OF NORTH RICHLAND HILLS
CRIME CONTROL AND PREVENTION DISTRICT BOARD
MAY 13, 1996
For the Meeting conducted at the North Richland Hills Community Center, 6720 Northeast Loop
820, at 6:00 p.m in the Municipal Court Room. The below listed items are placed on the Agenda
for discussion and/or action.
NUMBER ITEM
1. Call to Order
2. Approval of the Minutes of the
February 26, 1996 Meeting
3. CCD 96-05 Terms of Office for Board of Directors
4. CCD 96-06 Election and Designation of Officers
5. CCD 96-07 Establishment of Fiscal Year
6. CCD 96-08 Crime Control District -Rules and
Procedures
7. CCD 96-09 Resolution Repealing Exemption of
Certain Telecommunications
Services from Sales and Use Tax -
Resolution No. 96-D
ACTION TAKEN
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Page 2
NUMBER ITEM ACTION TAKEN
7. Adjournment
POST1rD
Date
~~ ~ m
Time
City Secretary
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MINUTES
TEMPORARY BOARD
NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT
FEBRUARY 26, 1996
1.
CALL TO ORDER
On the 26th day of February, 1996 at 6:00 p.m., the Temporary Board for the
North Richland Hills Crime Control and Prevention District convened in the Municipal
Court Room at the North Richland Hills Community Center, 6720 Northeast Loop 820,
North Richland Hills, Texas, with the following members present:
Tommy Brown Chairman
Lyle E. Welch Vice Chairman
Mack Garvin
Mark Wood
JoAnn Johnson
Byron Sibbet
Linda Spurlock Sansoucie
Staff Members present:
C.A. Sanford City Manager
Larry Cunningham Assistant City Manager
Randy Shiflet Assistant City Manager
Patricia Hutson Assistant Secretary
Rex McEntire Attorney for the District
Jerry McGlasson Chief of Police
Charles Harris Finance Director
The following business was transacted:
2.
APPROVAL OF THE MINUTES OF THE
JANUARY 3, 1996 MEETING
APPROVED
Board Member Wood moved, seconded by Board Member Sibbet, to approve the
minutes of the January 3, 1996 meeting.
Motion prevailed by the following vote:
Aye: 7 votes
No: 0 votes
r
3.
CCD 96-04 CANVASSING THE CRIME CONTROL
AND PREVENTION DISTRICT LOCAL SALES AND
USE TAX ELECTION -
RESOLUTION NO. 96-C
APPROVED
Mayor Brown presented the following resolution:
WHEREAS, on the 20th day of November, 1995, the City Council, by Resolution
No. 95-59 created a proposed Crime Control and Prevention District and appointed
temporary directors of such proposed district; and
WHEREAS, the members of the Temporary Board duly elected a chairman from
their membership on December 5, 1995; and
WHEREAS, the Temporary Board duly held a public hearing on a proposed two
year crime control and prevention plan and a two year budget on January 3, 1996; and
WHEREAS, the Temporary Board approved such two year plan and two year
budget following the public hearing on January 3, 1996; and
WHEREAS, on January 3, 1996, by Resolution 96-B, the Temporary Board
called an election pursuant to the terms of Article 2370c-4, Texas Revised Civil
Statutes, to allow the qualified voters of the District to vote for or against creation of the
North Richland Hills Crime Control and Prevention District and the adoption of a sales
and use tax at a rate of one-half of one percent; and
WHEREAS, pursuant to the laws of the State of Texas such election was duly
advertised and was duly held on February 20, 1996; and
WHEREAS, at a duly called meeting of the District Board held on this 26th day of
February, 1996, the results of said election were canvassed and showed the following
results:
"Proposition: The creation of the North Richland Hills Crime Control and
Prevention District dedicated to crime reduction programs, and adoption of a
proposed local sales and use tax at the rate of one-half of one percent.
FOR the proposition: 651 votes
AGAINST the proposition: 562 votes
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT, that:
North Richland Hills Crime Control and Prevention District
February 26, 1996 Minutes
Page 2
1.
The above and foregoing canvass be, and is hereby, adopted and approved.
2.
Pursuant to the laws of this state the Board declares that the voters have created
the North Richland Hills Crime Control and Prevention District which has same identical
boundaries as the City of North Richland Hills, Texas.
3.
The Board further declares that the voters have duly and lawfully approved and
adopted a local sales and use tax at the rate of one-half of one percent which tax will be
collected pursuant to the laws of this State.
4.
The Temporary Board members and officers of the District shall serve until their
successors are duly appointed and qualified pursuant to Article 2370c-4."
Board Member Wood moved, seconded by Board Member Johnson, to approve
Resolution No. 96-C.
Motion carried by the following vote:
Aye: 7 votes
No: 0 votes
4.
ADJOURNMENT
There being no further business, the meeting was adjourned.
APPROVED:
Tommy Brown, Chairman
ATTEST:
Patricia Hutson, Assistant Secretary
North Richland Hills Crime Control and Prevention District
February 26, 1996 Minutes
Page 3
CITY OF
NORTH R/CHLAND H/LLS
CRIME CONTROL DISTRICT BOARD
Department: Administration
Subject:
Terms of Office for Board of Directors
Meeting Date: 5l1 ~~~~
Agenda Number: CCD 96-05
On February 26, 1996 the City Council approved Resolution No. 96-17 appointing the initial Board of
Directors as follows:
Place 1 Tommy Brown
Place 2 Lyle E. Welch
Place 3 Mack Garvin
Place 4 Mark Wood
Place 5 JoAnn Johnson
Place 6 Byron Sibbet
Place 7 Linda Spurlock Sansoucie.
State law provides that the Board of Directors will serve staggered two-year terms that expire September 1.
The initial Directors will draw lots to determine:
1. the three directors to serve terms that expire on September 1 of the first year following creation
of the District (September 1, 1997); and
2. three four directors to serve terms that expire September 1 of the second year following the
creation of the District (September 1, 1998).
Recommendation:
It is recommended that Board of Directors draw lots to determine the three directors whose terms will
expire September 1, 1997 and the four directors whose terms will expire September 1, 1998.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Department Head Signature
Acct. Number
Sufficient Funds Available
~ flnanw oh.c+«
City Manager
ACTION ITEM
Page 1 of
CITY OF
NORTH RICHLAND HILLS
CRIME CONTROL DISTRICT BOARD
Department: C;it~pQ~ager'~ office • Meeting Date: 5/13/96
subject: Election and Designation of Officers Agenda Number: CCD 96-06
Pursuant to the Crime Control and Prevention District Act, a president and vice-president need to be
elected from the District's Board of Directors. The president shall preside at all board meetings. The
vice-president shall preside in the president's absence. Both officers are elected by the Board for
one year terms, and can be re-elected to the same offices.
Other non-elected officers, as designated by the District's Rules and Procedures, include a chief
operating officer, who is the City Manager of North Richland Hills, a secretary, who is the City
Secretary of North Richland Hills, and a treasurer, who is the Finance Director of the City of North
Richland Hills.
Recommendation:
Staff recommends that the Board elect a president and vice-president.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
'ther
Department Head Signature
Acct. Number
Sufficient Funds Available
Fnano D..Qa~
L
Cit Manager
ACTION ITEM
Page 1 cf
CITY OF
NORTH RICHLAND HILLS
CRIME CONTROL DISTRICT BOARD
Department: _(-it7 Mana~Pr'~ nfFic:P • Meeting Date: x/13/96
Subject: FStahliShmPnt of Fig al Y _ar Agenda Number: CCD 96-07
It is recommended that the fiscal year coincide with that of the City of North Richland Hills, and that it
begin on October 1 and end on September 30.
Recommendation:
Staff recommends that the fiscal year begin on October 1 and end on September 30.
Finance Review
Source of Funds:
Bonds (GO/Aev.)
Operating Budget
tether
Department Head Signature
Acct. Number
Sufficient Funds Av ilable
Finano D~.aa
LPL
` City Hager
ACTION ITEM
Page 1 of
CITY OF
NORTH RICHLAND HILLS
CRIME CONTROL DISTRICT BOARD
Depar',ment: ('its Mana~nPr's ~fflne • Meeting Date: 5/13/96
Subject: (;rime Cnntrnl District -Rules and Procedures Agenda Number: CCD 96-08
Attached are the Rules and Procedures (Bylaws) for the Crime Control and Prevention District,
pursuant to section 5.05 of the Crime Control and Prevention District Act. These Rules and
Procedures provide an operational framework for the District. They specify that the administration of
the district, subject to the paramount authority of the Board of Directors, will be in the same manner
and control as the other municipal operations of the City. The Rules and Procedures specifically
address the following:
1. Purpose and Powers of the District
2. District Board of Directors
3. Officers of the District
4. District Finances
These Rules and Procedures become effective upon ratification by the City Council and the Crime
Control and Prevention District Board of Directors.
Recommendation:
Staff recommends approval.
Finance Review
Source of Funds:
Bonds (GO/Aev.)
Operating 9udget
Other
,?
Department Head Signature `~-
Acct. Number
Su'ficient Funds Available
Fnr+a D..no~
J ~ ~~
ity anager
ACTION ITEM
Page 1 of
RULES AND PROCEDURES OF
CITY OF NORTH RICHLAND HILLS
CRIME CONTROL AND PREVENTION DISTRICT
ARTICLE I
PURPOSE, POWERS
Section 1. Purpose. The Crime Control and Prevention District (the "District") of
the City of North Richland Hills (the "City") is established for the purposes set forth in the
Crime Control and Prevention District Act (the "Act"), Article 2370c-4, Vernon's Ann. Civ.
St., as amended, and other applicable laws.
Section 2. Powers. In the fulfillment of its purpose, the District shall be
governed by the Act, and shall have all the powers set forth and conferred in the Act, and
in other applicable law, subject to the limitations prescribed therein and herein and to the
provisions thereof and hereof, pursuant to section 5.05 of the Act.
ARTICLE II
BOARD OF DIRECTORS
Section 1. Powers. Number and Term of Office. (a) A Board of Directors (the
"Board"), shall exercise oversight and establish the policies of the District, subject to the
restrictions imposed by the Act and by these Rules and Procedures.
(b) The Board shall consist of seven (7) directors, each of whom shall be appointed
by the City Council of the City of North Richland Hills (the "City Council"), as specified in
the Act. Each director shall occupy a place (individually, the "Place" and collectively, the
"Places") as designated herein.
(c) The directors shall serve staggered two-year terms that expire September
1. The initial appointees shall draw lots to determine:
(1) the three directors to serve terms that expire on September 1 of the
first year following creation of the District (September 1, 1997); and
(2) the four directors to serve terms that expire on September 1 of the
second year following the creation of the District (September 1,
1998).
(d) Before assuming the duties of the office, each director or officer, including a
person designated under section 4.02 of the Act, must execute a bond for $5,000
payable to the District, conditioned on the faithful performance of the person's duties as
director or officer.
(1) The bond shall be kept in the permanent records of the District.
(2) The board may pay for the bonds of the directors or officers with
District funds.
(e) The directors constituting the first Board shall be those directors named as
the temporary board under section 2.01 of the Act. Successor directors shall have the
qualifications and shall be appointed to the terms set forth in the Act and these Rules
and Procedures.
(f) A vacancy in the office of director shall be filled for the unexpired term in
the same manner that the vacant position was originally filled.
(g) Any director may be removed from office by the City Council at will
Section 2. Administration. All activities and operations of the District, subject to
the paramount authority and policy direction of the Board, including but not limited to
staffing, facilities, equipment, programs and services shall be administered and managed
solely by the City and be subject to all Rules and Procedures and procedures of the City
under the general supervision and management of the City Manager of the City of North
Richland Hills (the "City Manager").
Section 3. Notice of Meetings. (a) Regular meetings shall be held at such
times and places as shall be designated by the Board. Special meetings of the Board
shall be held whenever called by the president or by a majority of the directors.
(b) The secretary shall give notice to each director of each special meeting in
person or by mail, telephone or electronic facsimile, at least two (2) hours before the
meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining
to the purposes of the District may be considered and acted upon at a special meeting.
At any meeting at which every director shall be present, even though without any notice,
any matter pertaining to the purpose of the District may be considered and acted upon
consistent with applicable law.
(c) Whenever any notice is required to be given to the Board, said notice shall
be deemed to be sufficient if given by depositing the same in a post office box in a
sealed postpaid wrapper addressed to the person entitled thereto at his or her post office
address as it appears on the books of the District, and such notice shall be deemed to
have been given on the day of such mailing. Attendance of a director at a meeting shall
constitute a waiver of notice of such meeting, except where a director attends a meeting
for the express purpose of objecting to the transaction of any business on the grounds
that the meeting is not lawfully called or convened. Neither the business to be
transacted at nor the purpose of any regular or special meeting, unless required by the
Board. A waiver of notice in writing, signed by the person or persons entitled to said
notice, whether before or after the time stated therein, shall be deemed equivalent to the
giving of such notice.
Section 4. Open Meetings Act. All meetings and deliberations of the Board
shall be called, convened, held, and conducted, and notice shall be given to the public, in
accordance with the Texas Open Meetings Act. Article 6252-17, Vernon's Ann. Civil
Statutes, as amended.
Section 5. uor m. A majority of the directors shall constitute a quorum for the
conduct of the official business of the District.
Section 6. Voting Rea_uirement. A concurrence of a majority of the members of
the Board is necessary in matters relating to the business of the District. Atwo-thirds
majority vote of the Board is required to reject any application for funding available under
the Act.
Section 7. Conduct of Business. (a) At the meetings of the Board, matters
pertaining to the business of the District shall be considered in accordance with Rules
and Procedures of procedure as from time to time prescribed by the Board.
(b) At all meetings of the Board, the president of the board shall preside.
(c) The secretary of the District shall act as secretary of all meetings of the
Board, but in the absence of the secretary, the presiding officer may appoint any person
to act as secretary of the meeting.
Section 8. Committees of the Board. The Board may designate two (2) or more
directors to constitute an official committee of the Board to exercise such authority of the
Board. It is provided, however, that all final, official actions of the District may be
exercised only by the Board. Each committee so designated shall keep regular minutes
of the transactions of its meeting and shall cause such minutes to be recorded in books
kept for that purpose in the principal office of the District.
Section 9. Compensation of Directors. Directors shall not receive any salary or
compensation for their services as directors. However, they shall be reimbursed for their
actual expenses incurred in the performance of their official duties as directors.
Section 10. City Liaison. The City Manager shall be the primary representative
of the City in all Board meetings. All Board directives to the City, whether at an official
meeting of the Board or in some other forum, shall be made to the City Manager.
ARTICLE III
OFFICERS
Section 1. Titles and Term of office. (a) The officers of the District shall be a
president and a vice president, who shall be elected from the Board. The president of
the Board shall preside at all Board meetings. The vice-president shall preside in the
president's absence. The president and vice-president shall serve terms of office of (1)
year with the right to be reelected. Other officers shall include a chief operating officer, a
secretary, a treasurer, and such other officers as the Board may from time to time elect
or appoint.
(b) The president and vice-president shall be subject to removal from office at
any time by a vote of a majority of the Board and the City Council.
(c) A vacancy in the office of any officer shall be filled by a vote of a majority of
the Board and the City Council.
Section 2 . Powers and Duties of the Chief Operating Officer. The chief
operating officer of the District, subject to the paramount authority of the Board, shall be
in general charge of the properties and affairs of the District, and execute all service
contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and
other instruments in the name of the District and subject to the Rules and Procedures
and procedures of the City. The City Manager shall be the chief operating officer of the
District.
Section 3. Treasurer. The treasurer shall have the responsibility to see to the
handling, custody, and security of all funds and securities of the District in accordance
with the Act, these Rules and Procedures, and the general Rules and Procedures and
procedures of the City. When necessary or proper, the treasurer may endorse and sign,
on behalf of the District, for collection or issuance, checks, notes and other obligations in
or drawn upon such bank, banks or depositories as consistent with the Act and these
Rules and Procedures. The treasurer shall see to the entry in the books of the District
full and accurate accounts of all moneys received and paid out on account of the District.
The treasurer shall, at the expense of the District, give such bond for the faithful
discharge of his duties in such form and amount as the Board or the City Council may
require. The Director of Finance of the City shall be the treasurer.
Section 4. Secretary[. The secretary shall keep the minutes of all meetings of
the Board in books provided for that purpose, shall give and serve all notices, may sign
with the chief operating officer in the name of the District, and/or attest the signature
thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages,
notes and other instruments of the District, shall have charge of the corporate books,
records, documents and instruments, except the books of account and financial records
and securities, and such other books and papers as the Board may direct, all of which
shall at all reasonable times be open to public inspection upon application at the office of
the District during business hours, and shall in general perform all duties incident to the
office of secretary subject to the control of the Board. The City Secretary shall be the
secretary.
Section 5. Any assistant treasurer and any assistant secretaries may, at the
option of the Board, be employees of the City and the legal counsel shall be the attorney
for the City.
Section 6. Compensation. Officers who are members of the Board shall not
receive any salary or compensation for their services, except that they shall be
reimbursed for their actual expenses incurred in the performance of their official duties as
officers.
ARTICLE IV
DISTRICT FINANCES
Section 1. Fiscal Year. The District shall operate on an annual fiscal year
beginning October 1 and ending September 30.
Section 2. Annual District Budget. Prior to the commencement of each fiscal
year of the District, the Board shall adopt a proposed budget of expected revenues and
proposed expenditures for the next ensuing fiscal year. The budget shall contain such
classifications and shall be in such form as may be prescribed from time to time by the
City Council. The budget shall not be effective until the same has been approved by the
City Council. The City Manager shall manage, administer, and present the proposed
budget in the same manner and control as the other budgets of the City and in
accordance with the Act.
Section 3. Books. Records. Audits. (a) The District shall keep and properly
maintain, in accordance with generally accepted accounting principles, complete books,
records, accounts, and financial statements pertaining to its corporate funds, activities,
and affairs.
(b) The books, records, accounts, and financial statements of the District will
be maintained for the District by the accountants, staff and personnel of the Department
of Finance of the City.
(c) The City shall cause its books, records, accounts, and financial
statements to be audited at least once each fiscal year by an outside, independent,
auditing and accounting firm selected by the City and approved by the City Council.
Such audit shall be at the expense of the District.
Section 4. Management and Investment of District Funds. All District funds,
subject to the paramount authority of the Board, shall be deposited, secured, and/or
invested in the manner provided for the deposit, security, and/or investment of the
public funds of the City. The accounts, reconciliation, and investment of such funds
and accounts shall be performed by the Department of Finance of the City.
Section 5. District Expenditures. All District expenditures shall be subject to
the Rules and Procedures and regulations of the City, and the City Purchasing Agent
shall serve as purchasing agent in all District matters.
Section 6. Annual Strategic Plan and Evaluation Study. The City shall
produce and submit an annual strategic plan to the Board. The City shall also conduct
an annual evaluation study for the Board to assess the impact, efficiency and
effectiveness of new or expanded programs.
ARTICLE V
MISCELLANEOUS PROVISIONS
Section 1. Resignations. Any director or officer may resign at any time. Such
resignation shall be made in writing and shall take effect at the time specified therein,
or, if no time be specified, at the time of its receipt by the president or secretary. The
acceptance of resignation shall not be necessary to make it effective, unless expressly
so provided in the resignation.
Section 2. Approval or Advice and Consent of the City Council. To the extent
that these Rules and Procedures refer to any approval by the City or refer to advice and
consent by the Council, such advice and consent shall be evidenced by a certified copy
of a resolution, order or motion duly adopted by the City Council.
ARTICLE VI
EFFECTIVE DATE, AMENDMENTS
Section 1. Effective Date. These Rules and Procedures shall become
effective upon the occurrence of the following events:
(1) the approval of these Rules and Procedures by the City Council; and
(2) the adoption of these Rules and Procedures by the Board.
Section 2. Amendments to the Rules and Procedures. The Rules and
Procedures may only be amended by a majority vote of the City Council and a majority
vote of the Board.
CITY OF
NORTH RICHLAND HILLS
CRIME CONTROL DISTRICT BOARD
Department: Finance
Resolution Repealing Exemption of ertain
sub~e~t: Telecommunications Services from Sales and Use Tax
Meeting Date: 5/13/96
Agenda NumbeCCD 96-09
In 1985, the 69th Legislature passed a bill that gave cities the option of repealing the
exemption from sales and use tax for telecommunications services. The services subject to
sales taxation include intrastate long distance telephone and telegraph services, consumer
convenience services such as call forwarding or call waiting, information services, pay
telephone services not provided by the telephone company, and paging and mobile telephone
services. Interstate long distance services and basic local exchange telephone services
remained exempt from sales tax.
Crime Control and Prevention Districts have the same option of repealing the exemption given
to cities in the 1985 legislation, provided the city in which the district is located has also
repealed the exemption. The City of North Richland Hills passed such an ordinance (#1462)
in June 1987. As such, the option is legally available to the North Richland Hills Crime
Control and Prevention District.
Recommendation:
It is recommended that Resolution No. 96-D repealing the exemption of sales and use tax on
certain telecommunications services be approved by the Board.
Finance Review
Source of Funds:
Bonds (GO/Rev.) _
Operating Budget _
Other _
\~
Department Head Signature
Acct. Number
Sufficient Funds AFVailable l
.~l Fn.~w o..~,d
City Manager
ACTION ITEM
Page 1 of
RESOLUTION NO. 96-D
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORTH
RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT
REPEALING THE APPLICATION OF THE EXEMPTION FROM LOCAL
SALES AND USE TAXES ON RECEIPTS FROM THE SALE OF
TELECOMMUNICATIONS SERVICES WITHIN THE NORTH RICHLAND
HILLS CRIME CONTROL AND PREVENTION DISTRICT AS PROVIDED IN
SECTION 4B OF ARTICLE 1066c V.A.T.C.S.; IMPOSING A LOCAL SALES
AND USE TAX ON THE RECEIPTS FROM THE SALE OF
TELECOMMUNICATIONS SERVICES WITHIN THE NORTH RICHLAND
HILLS CRIME CONTROL AND PREVENTION DISTRICT; PROVIDING FOR
NOTIFICATION TO THE COMPTROLLER OF THE STATE OF TEXAS;
MAKING THIS RESOLUTION CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 20, 1996 the majority of the qualified voters of the North
Richland Hills Crime Control and Prevention District (the "District") voted to adopt a local
sales and use tax for the benefit of the District in accordance with Article 1066c,
V.A.T.C.S., the Local Sales and Use Tax Act shown by declaration in Section 3 of
Resolution 96-C, dated February 25, 1996; and
WHEREAS, State law has historically exempted from the local sales and use tax
the taxation of receipts from the sale of telecommunications within the District; and
WHEREAS, Section 4B of the Local Sales and Use Tax Act now allows the District
to repeal the application of the exemption from local sales and use taxes on receipts from
the sale of telecommunications services within the District; and
WHEREAS, the repeal of the application of the exemption would allow the District
to impose a sales and use tax on the receipts from the sale of telecommunications services
within the District; and
WHEREAS, the Board of Directors finds that the repeal of the application of the
exemption, and the imposition of a sales and use tax on the receipts from the sale of
telecommunications within the District is in the best interests of the citizens of the District.
Ordinance No. 96-D
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT, that:
Section 1. All of the above premises are found to be true and correct and are
incorporated into the body of this resolution as if copied in their entirety.
Section 2. (a) A tax is hereby authorized and imposed on all receipts from the
sale of telecommunications services within the North Richland Hills Crime Control and
Prevention District, as is provided for by State law. For purposes of this Section 2, 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.
(b) The application of the exemption provided for in Article 1066c,
Section 4B(a), V.A.T.C.S., is hereby repealed by the District as authorized by Section
4B(b) thereof.
(c) The rate of tax imposed by this Section 2 shall be the same as the
rate imposed by the District for all other local sales and use taxes as authorized by the
Legislature of the State of Texas.
(d) The Secretary shall forward to the Comptroller of the State of
Texas by United States Registered or Certified Mail a copy of this resolution.
(e) This Section 2 shall become effective as of July 1, 1996.
Section 3. This resolution shall be and is hereby declared to be cumulative of all
other resolutions of the District and this resolution shall not operate to repeal or affect any
of such other resolutions.
Section 4. This resolution is to be liberally construed to achieve its remedial
purposes.
Section 5. If any section, article, paragraph, sentence, clause, phrase or word
in this resolution, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this resolution, and the Board of Directors hereby
declares it would have passed such remaining portions of this resolution despite such
invalidity, which remaining portions shall remain in full force and effect.
Page 2
Ordinance No. 96-D
Section 6. This resolution shall become effective from and after its passage as
provided by law, and it is accordingly so ordained.
PASSED AND APPROVED this 13th day of May, 1996.
President
ATTEST:
Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the Board
Page 3