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pFF~CI(~L CITY
SECR~~i ARY"S COPY
CITY OF KENNEDALE
ORDINANCE NO. 110
AN ORDINANCE LEVYING SALES AND VSE TAX AT THE RATE OF ONE-
HALF OF ONE PERCENT FOA THE BENEFIT OF THE ECONOMIC
DEVELOPMENT CORPORATION; PROVIDING THAT THE TAX SHALL BE
ADMINISTERED IN ACCORDANCE WITH CHAPTER 321 OF THE TEXAS TAX
CODE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale Texas is a Type A general-lamp
municipality located in Tarrant County, created in accordance with the
provisions of Chapter 6 of the Local Government Code and operatina_
pursuant to the enabling legislation of the State of Texas; and
WHEREAS, the Development Corporation Act of 1979, V.A.T.C.S., Art.
5190.6 as amended, provides that certain eligible cities may create an
Industri_a1 Development Corporation to be funded by a sales and use tax
to promote economic development in the city, if the tax is authorized by
a majority of the qualified voters; and
WHEREAS, the City of Kennedale is an eligible city as defined b
Section 4B(a)(1) of the Development Corporation Act, as amended; and
WHEREAS, in accordance with the Development Corporation Act, an
election was held in the City on August 10, 1996, in accordance with
Chapter 321 of the Texas Tax Code for the purpose of submitting to the
voters of the City a proposition containing an authorization to levy the
tax authorized by Section 4B of the Act; and
WHEREAS, the voters approved the imposition of that tax; and
WHEREAS, the City Council has adopted a resolution declaring the
results of the election as required by Sec. 321.405(B) and the city
secretary has been directed to send a copy of that resolution to the
comptroller as soon as possible but in any event before the end of the
current calendar quarter; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
the leer of a sales and use tax within the City for t_he benefit of 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 the Tax is
effective within the City.
That all action concerning the submission of the proposition to
t_he voters of the City having been taken and the tax authorized by
Section 4B of the Act having been approved by the voters of the City as
stated. in t_he foregoing recitals, the City Council does hereby authorize
SECTION 2.
That the Tax shall be computed, administered, collected and
remitted in accordance with the Act and, to the extent not inconsistent
i1
I
with the Act, in accordance with Chapter 321, Texas Tax Code, as amended
from time to time.
SECTION 3.
It is hereby declared to be the intention of the City Council t}iat
the phrases, clauses, sentences, paragraphs and sections of this
ordinance are severable, and if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, since the
same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4.
The effective date of the tax imposed by this ordinance shall be
January 1, 1997, which is the first day the tax may be imposed after
complying with the requirements of the Act and the Tax Code.
In the event that the Comptroller of Public Accounts notifies the
City, in accordance with the Act, that more time is needed to implement
the tax, the tax shall be effective in accordance with the instruction^
of the Comptroller.
SECTION 5.
The Mayor shall forward a copy of this ordinance, by certified
mail, to the Comptroller as soon as possible, but not later than ten
days follovaing the adoption of this Ordinance.
SECTION 6.
This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED TH23 THE 15TH DAY OF AUGUST, 1996.
APPROVED:
~j'~r~M~
Mayor, Ro e undy
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ATTEST:
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City ecr ary
CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF KENNEDALE §
We, the undersigned officers of the City of Kennedale, hereby certify as follows:
1. The city council convened in a SPECIAL MEETING ON THE 15TH DAY
OF AUGUST, 1996, at the Community Center, and the roll of the officers and members was
called as follows:
Robert P. Mundy, Mayor
Mark Wright, Mayor Pro-Tem
Sandy McCraw
George Barrett
Tom Boone
Ron Kovach
Kathy Turner, City Secretary
All were present, except the following absentees: none, thus constituting a quorum.
Among other business, the following was transacted at the meeting: a written
AN ORDINANCE LEVYING SALES AND USE TAX AT THE RATE OF
ONE-HALF OF ONE PERCENT FOR THE BENEFIT OF THE ECONOMIC
DEVELOPMENT CORPORATION; PROVIDING THAT THE TAX SHALL
BE ADMINISTERED IN ACCORDANCE WITH CHAPTER 321 OF THE
TEXAS TAX CODE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
was introduced as Ordinance No. 111 for the consideration of the city council. It was moved
and seconded that the ordinance be adopted; and, after discussion, the motion carrying with
it the passage of the ordinance, prevailed and carried by the following vote:
AYES: 5 (Five)
NOES: None
2. That a true, full, and correct copy of the ordinance adopted at the meeting
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described in the above paragraph is attached to and follows this certificate; that the
ordinance has been duly recorded in the city council's minutes of the meeting; that the above
paragraph is 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 paragraph
are the officers and members of the city council; that each of the officers and members of
the city council was notified officially and personally, in advance, of the time, place and
purpose of the meeting, and that the ordinance would be introduced and considered for
passage at the meeting, and each of the officers and members consented, in advance, to the
holding of the meeting for that purpose, and that the meeting was open to the public and
public notice of the time, place, and purpose of the meeting was given, all as required by the
Texas Open Meetings Act, Chapter SS1, Government Code.
3. That the Mayor has approved the ordinance; that the mayor and the city
secretary have signed the ordinance; and that the mayor and the city secretary declare that
their signing of this certificate shall constitute the signing of the attached and following copy
of the ordinance for all purposes.
SIGNED AND SEALED the ~~~ day of i~~ , 1996.
ATTEST:
~,cGth-~
CITY SE RETARY MAYOR
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