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Home My WebLink AboutORD 2001-38 - Cent Sales TaxI, the undersigned City Secretary of the City of Georgetown, Texas (the "City"), hereby certify as follows: 1 < The City Council of said City convened in REGULAR MEETING ON THE IZO DAY OF � 2001, at the City Hall, and the roll was called of the duly constituted officers and mem , rs of said City Council, to wit: Mary Ellen Kersch, Mayor Clark Lyda - Mayor Pro Tem and Councilmember District 2 Llorente Navarette - Councilmember District 1 Doug Smith - Councilmember District 3 Jack Nobles - Councilmember District 4 Sam Pfiester - Councilmember District 5 Charles "Hoss" Burson - Councilmember District 6 Ken Evans - Councilmember District 7 Sandra Lee - City Secretary Marianne Landers Banks - City Attorney and all of the persons were present, except the following absentees: r , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written i' i' • . 1 1 i . II . � � • i � I:�i� I/ xi�YCi�►iC11/IZi�r;ilt/ : ! 1 was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Ordinance be passed on first reading; and, after due discussion, said motion carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: NOES: 2. The City Council of the City convened in REGULAR MEETING ON THE / '1� DAY OF tL , 2001, at the City Hall (the "Meeting"), and the roll was called of the duly constituted officers and members of the City, to -wit: GTOWN4B: SalesTaxOrdinanceCert Mary Ellen Kersch, Mayor Clark Lyda - Mayor Pro Tem and Councilmember District 2 Llorente Navarette - Councilmember District 1 Doug Smith - Councilmember District 3 Jack Nobles - Councilmember District 4 Sam Pfiester - Councilmember District 5 Charles "Hoss" Burson - Councilmember District 6 Ken Evans - Councilmember District 7 Sandra Lee - City Secretary Marianne Landers Banks - City Attorney and all of the persons were present, except the following absentees: 19 , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written ELECTIONORDINANCE RELATING TO LEVYING THE SALES AND USE TAX APPROVED AT AN r ON MAY 59 2001 was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Ordinance be passed on second and final reading; and, after due discussion, said motion carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: NOES: 0 3. A true, full and correct copy of the Ordinance passed at the Meetings described in the above and foregoing paragraphs is attached to and follows this Certificate; that the Ordinance has been duly recorded in the City Council's minutes of the Meetings; that the above and foregoing paragraphs are a true, full and correct excerpt from the City Council's minutes of the Meeting pertaining to the passage of the Ordinance; that the persons named in the above and foregoing paragraphs are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the Meetings, and that the Ordinance would be introduced and considered for passage at the Meetings, and each of the officers and members consented, in advance, to the holding of the Meetings for such purpose, and that the Meetings were open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code. 4. The Mayor of the City has approved and hereby approves the Ordinance; that the Mayor and the City Secretary of the City have duly signed the Ordinance; and that the Mayor and the City Secretary of the City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of the Ordinance for all purposes. GTOWN4B: SalesTaxOrdinanceCert SIGNED AND SEALED the City Secretary [CITY SEAL] GTOWN4B: SalesTaxOrdinanceCert Mayor AN ELECTION HELD ON MAY 512001 STATE OF TEXAS §e °' COUNTY OF WILLIAMSON § lZe � fY� CITY OF GEORGETOWN WHEREAS, Section 413 of the Development Corporation of 1979, 1 V.A.T.C.S. (the "Act") authorizes cities such as the City of Georgetown, Texas (the Lrry--) to can an election for the purpose of authorizing the levy of a sales and use tax at a rate approved by the voters (but in no event to exceed 1/2 of 1%) and to create a corporation under the provisions of section 4B with such powers as are provided in the Act and to levy a sales and use tax for the benefit of such corporation; and WHEREAS, at an election held on May 5, 2001, a majority of the citizens of the City voting at said election authorized the City to levy a sales and use tax on the receipts at retail of taxable items within the City at a rate of of 1% (the "Sales Tax"); and WHEREAS, as required by Section 4B(2)(d) of the Act, the election at which such Sales Tax was approved by the voters was called and held for that purpose in accordance with the Municipal Sales and Use Tax Act (Chapter 321, Tax Code) and the Texas Election Code; and WHEREAS, Section 321.102, Texas Tax Code, declares the effective date of the Sales Tax is the first day of the first calendar quarter occurring after the expiration of the first complete calendar quarter on which the Comptroller of Public Accounts receives the required notice from the City of the official results of such election; and WHEREAS, it is deemed necessary and advisable and in the best interests of the City, its citizens and the Corporation that this Ordinance be adopted; and WHEREAS, it is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT. SECTION 1. CENTURY PLAN. The City Council hereby finds that the levy of the Sales Tax implements the following policy of the Century Plan - Policy Plan Element: Finance Policy End 14.00 which states; "All municipal operations are conducted in an efficient, business -like manner and sufficient financial resources for both current and future needs are provided.", GTOWN4B: Sale Ta Ordinance and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. ADOPTION, AUTHORIZATION, APPROVAL, AND RATIFICATION OF SALES AND USE TAX. There shall be and is hereby adopted and levied a sales and use tax within the City for the benefit of Georgetown's 4B Corporation (the "Corporation") at a rate of one- half of one percent on the sales of items at retail and a use 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 such tax is effective within the City. Such tax shall be imposed, computed, administered, collected and remitted in accordance with V.T.C.A., Tax Code, Chapter 321, except as inconsistent with Section 4B of the Act. The effective date of the tax adopted and levied by this Ordinance and imposed by Section 4B of the Act is October 1, 2001, which is the first day the tax may be imposed after complying with the requirements of the Act and Section 321.102 of the Tax Code. SECTION 3. COMPTROLLER. In accordance with V.T.C.A., Tax Code, Section 321.405, the City Secretary has previously furnished the Comptroller of Public Accounts with the official results of the election held May 5, 2001 and the Comptroller has notified the City Secretary that such office is prepared for the administration of the tax. SECTION 4. INCORPORATION OF RECITALS. The City hereby finds that the statements set forth in the recitals of this Ordinance are true and correct, and the City hereby incorporates such recitals as a part of this Ordinance. SECTION 5. SEVERABILITY. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 6. CONFLICTS. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. GTOWMB: SalesTa%Ordlnanc PASSED AND APPROVED on First Reading on the 4dlSl day of Mk V 12001, PASSED AND APPROVED on Second Reading on the /2.A( day of .mound .2001. ATTEST. Sandra Lee City Secretary CA I ►►.�•�Tj Acting City Attorney THE CITY OF GEORGETOWN: By: Maryhllen xerscn, Mayor City of Georgetown, Texas [SIGNATURE PAGE TO CITY ORDINANCE] THE STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN § I, the undersigned City Secretary of the City of Georgetown, Texas (the "City"), hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 1Z "DAY OF .fit o& , 2001, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to wit: MaryEllen Kersch, Mayor Clark Lyda - Mayor Pro Tem and Councilmember District 2 Llorente Navarette - Councilmember District 1 Doug Smith - Councilmember District 3 Jack Noble - Councilmember District 4 Sam Pfiester - Councilmember District 5 Charles "Ross" Burson - Councilmember District 6 Ken Evans - Councilmember District 7 Sandra Lee - City Secretary Cathleen Riedel - Acting City Attorney and all of the persons were present, except the following absentees: D , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written ORDINANCE RELATING TO LEVYING THE SALES AND USE TAX APPROVED AT AN ELECTION HELD ON MAY 59 2001 was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Ordinance be passed on first reading; and, after due discussion, said motion carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: I NOES: 0 2, The City Council of the City convened in REGULAR MEETING ON THE /ZA DAY OF �j,ctjg , 2001, at the City Hall (the "Meeting"), and the roll was called of the duly constituted officers and members of the City, to -wit: GTOWN4B: SatesTax&dinanceCert MaryEllen Kersch, Mayor Clark Lyda - Mayor Pro Tem and Councilmember District 2 Llorente Navarette - Councilmember District 1 Doug Smith - Councilmember District 3 Jack Noble - Councilmember District 4 Sam Hester - Councilmember District 5 Charles "Ross" Burson - Councilmember District 6 Ken Evans - Councilmember District 7 Sandra Lee - City Secretary Cathleen Riedel - Acting City Attorney and all of the persons were present, except the following absentees: 0 , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written was duly introduced for the consideration of the City Council. it was then duly moved and seconded that the Ordinance be passed on second and final reading; and, after due discussion, said motion carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: 7 NOES: 3. A true, full and correct copy of the Ordinance passed at the Meetings described in the above and foregoing paragraphs is attached to and follows this Certificate; that the Ordinance has been duly recorded in the City Council's minutes of the Meetings; that the above and foregoing paragraphs are a true, full and correct excerpt from the City Council's minutes of the Meeting pertaining to the passage of the Ordinance; that the persons named in the above and foregoing paragraphs are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the Meetings, and that the Ordinance would be introduced and considered for passage at the Meetings, and each of the officers and members consented, in advance, to the holding of the Meetings for such purpose, and that the Meetings were open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code. 4, The Mayor of the City has approved and hereby approves the Ordinance; that the Mayor and the City Secretary of the City have duly signed the Ordinance; and that the Mayor and the City Secretary of the City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of the Ordinance for all purposes. GTOWN4B: SatesTaxOrdinanceCert SIGNED AND SEALED the GTOWN4B: SalesTaxOrdinanceCert Mayor ' JCITY SEAL] 1, 4 y GTOWN4B: SalesTaxOrdinanceCert Mayor