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ORD 1996-07TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. Q h _ n 7 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS LEVYING A SALES AND USE TAX WITHIN THE TOWN AT THE RATE OF ONE-HALF OF ONE PERCENT (1/2%) PURSUANT TO SECTION 4B OF ARTICLE 5190.6, V.T.C.S., THE DEVELOPMENT CORPORATION ACT OF 1979; PROVIDING THAT THE SALES TAX COLLECTED SMALL BE FOR THE PURPOSES SET FORTH IN SECTION 4B; DIRECTING THE CITY SECRETARY TO NOTIFY THE STATE COMPTROLLER OF PUBLIC ACCOUNTS OF THE RESULTS OF THE SALES AND USE TAX ELECTION HELD WITHIN THE TOWN ON MAY 4,1996; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 4, 1996 there was submitted to the duly qualified voters of the Town of Trophy Club, Texas (the "Town") a proposition pertaining to the levy, collection and use of a one-half of one percent sales and use tax for the purposes set forth in the proposition and in Section 413 of article 5190.6, V.T.C.S., the Development Corporation Act of 1979 (the "Act"); and WHEREAS, on May 7-, 1996 the Town Council canvassed the returns of the sales and use tax election and it was determined by the adoption of Ordinance No. 9 h _o F -that a majority of the qualified voters voting at the election voted for the sales and use tax; and WHEREAS, Section 4B(d) of the Act provides that the Town Council may, by ordinance, levy a sales and use tax for the benefit of an economic development corporation created by the Town in accordance with the Act when the tax is authorized by a majority of the qualified voters voting at the election; and WHEREAS, the Town Council, by the adoption of this Ordinance, desires to levy the sales and use tax at the rate of one-half of one percent (1/2 %) to be used for the purposes set forth in the Act and in the articles and bylaws of the corporation to be created pursuant to the Act. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Tax Levied. There is hereby levied and imposed a tax on the receipts from the sale at retail of taxable items within the Town at the rate of one-half of one percent (1/2 %), and at the same rate on the receipts from the sale at retail within the Town of gas and electricity used for residential use and on all other goods or services sold within the Town as authorized by State law (including Chapter 321, Tex. Tax Code) or any ordinance of the Town. DOC #: 373627 The tax levied and imposed hereby is to be used in accordance with and for the purposes set forth in Section 4B of article S 190.6, the Development Corporation Act of 1979. Section 2. Notification to Comptroller. The Town Secretary is hereby directed to take all steps necessary to notify the Comptroller of Public Accounts of the State of Texas of the results of the sales and use tax election described in the premises above to ensure collection of the tax. Section 3. Savings. This Ordinance shall be cumulative of all other ordinances of the City affecting Town taxes and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 4. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section S. Effective date. This Ordinance shall become effective from and after its date of passage as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 2 1. st day of May , 1996. Town of Trophy Club, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: To homey, Town d Trophy Club, Texas DOC #: 373627