Ordinance 1993-01
ORDINANCE NO. tlJ -/
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DECLARING RESULTS OF
ELECTION HELD JANUARY 20, 1990 FOR IMPOSITION OF ONE-HALF CENT
SALES TAX FOR ECONOMIC DEVELOPMENT AND IMPOSING SUCH SALES TAX
AS OF JULY 1, 1990, REPEALING ALL CONFLICTING ORDINANCES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City has heretofore called, held and canvassed a special election for the
imposition of a one-half cent sales tax for economic development as authorized by Article
5190.6, Section 4A of V.T.C.A.; and,
WHEREAS, the results of said election were in favor of imposition of said sales tax, with
155 voting in favor thereof and 85 voting against; and,
WHEREAS, the City Council adopted Resolution 90-2-13-90-2, declaring the results of such
election and forwarded said Resolution, the results of the election, and the canvass thereof to the
State Comptroller's Office, who upon receipt of such documents authorized the collection of the
said one-half cent sales tax; and,
WHEREAS, pursuant to such authorization the City has been collecting the one-half cent
sales tax, for the benefit of the Development Corporation formed pursuant to Art. 5190.6,
Section 4A, of V.T.C.A., from and after the 1st day of July, 1990; and,
WHEREAS, no Ordinance actually levying the tax, as contemplated by Section 321.405 of
the Texas Tax Code was ever adopted by the City Council, as the City reasonably assumed that
such Ordinance was not necessary since approval from the Comptroller's Office had been
received; and,
WHEREAS, the City has been advised by legal counsel that such an ordinance should be
passed and adopted by the City at this time to resolve any technical inconsistencies which may
exist as a result of an ordinance not having been heretofore adopted; and,
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ORDINANCE NO.
WHEREAS, the City Council has determined that enactment of such an ordinance at this
time would further the best interests of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
The results of the Special Election in and for the City of Wylie, Texas, held on the 20th day
of January, 1990, at which the following proposition was considered:
"The adoption of an additional one-half of 1 % sales and use tax within the
City to be used for improving and promoting economic development. "
wherein 240 total votes were cast for and against the proposition, with 155 voting in for thereof
and 85 voting against, are hereby stated and declared to be the official results of the election.
SECTION II
There is hereby imposed a sales tax for economic development, as authorized by Article
5190.6, Section 4A, of V.T.C.A., at the rate of one-half of one percent, to be imposed,
computed, administered, governed, and used in accordance with Municipal Sales and Use Tax
Act, as set out in Chapter 321 of the Texas Tax Code, and in accordance with the
aforementioned Article 5190.6.
SECTION III
The provisions of this ordinance and the collection of the tax herein imposed shall relate back
to the 1st day of July, 1990.
SECTION IV
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
ORDINANCE NO.
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SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
day of January, 1993.
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W. Akin /
iMayor
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