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ORD 1987-09 - Taxation - Local Sales and Use Taxes. 04-28-1987ORDINANCE NO. 87- 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 15B TAXATION, BY THE ADOPTION OF A NEW ARTICLE II1. LOCAL SALES AND USE TAXES; TAXING CERTAIN TELECOMMUNICATION SERVICES; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS on November 21, 1967, the City had an election imposing the local sales and use tax; and WHEREAS the City has previously elected to apply that tax to certain utility services; and WHEREAS the City Council now desires to authorize a local sales tax on certain telecommunication services as provided by recent amendments to Tex.Rev.Civ.Stat. art. 1066c. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. Chapter 15B, Taxation of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the adoption of a new Article III. Local Sales and Use Taxes, which shall read as follows: ARTICLE III. LOCAL SALES AND USE TAX Section 15B -30. Local sales and use use tax - levy. (a) The City sales and use tax having been adopted at an election, there is hereby levied a one percent (1%) local sales and use tax within the City. (b) The City Secretary is directed to forward to the Comptroller of Public Accounts of the State of Texas a certified copy of every ordinance adding or detaching territory from the City and a map clearly showing the territory added thereto or detached therefrom. Section 15B -31. Residential gas and electricity. (a) A tax is hereby authorized on all receipts from the sale, production, distribution, lease or rental of, and the use, storage, or consumption within the City of gas and electricity for residential use within the City. (b) The rate of the tax imposed by this section shall be the same as the rate imposed by the City of Huntsville, Texas, for all other local Sales and Use Taxes as authorized by the legislature of the State of Texas. (c) The City Secretary shall forward to the Comptroller of the State of Texas by United States Registered Mail a copy of this ordinance with a copy of the minutes of the City Council's vote and discussion of this ordinance. (d) This section shall become effective as of October 1, 1978. Section 15-32. Taxation of Telecommunication Services. /./ (a) A tax is hereby authorized on all telecommunications services sold within the City of Huntsville, Texas. For purposes of this section, 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 rate of the tax imposed by this section shall be the same as the rate imposed by the City of Huntsville, Texas, for all other local Sales and Use Taxes as authorized by the legislature of the State of Texas. (c) The City Secretary shall forward to the Comptroller of the State of Texas by United States Registered Mail a copy of this ordinance with a copy of the minutes of the City Council's vote and discussion of this ordinance. (d) This section shall become effective as of October 1, 1987. Section 2. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Huntsville, Texas, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance is to be liberally construed to achieve its remedial purposes. Section 5. This ordinance shall become effective from and after its passage as provided by law. PASSED AND APPROVED this the ATTES T, E CITY CO CIL 9F THE CITY OF HUNTSVILLE, TEXAS, day of , 1987. h DeShaw, City Secretary APPROVED AS TO FORM: Scott Bounds, City Attorney THE CITY OF HUNTSVILLE, TEXAS By ne Mond y, Mayor