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Ordinance 1994-01 ORDINANCE NO. t11- / AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DECLARING RESULTS OF ELECTION HELD JANUARY 15, 1994 FOR IMPOSITION OF ONE-HALF CENT SALES TAX FOR ECONOMIC DEVELOPMENT AND IMPOSING SUCH SALES TAX AS OF JULY 1, 1994, 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 4B of V.T.C.A.; and, WHEREAS, the results of said election were in favor of imposition of said sales tax, with 107 voting in favor thereof and 60 voting against; and, WHEREAS, it is now necessary to adopt an Ordinance actually levying the tax, as contemplated by Section 321.405 of the Texas Tax Code so that the same may be forwarded to the State Comptroller's Office to effect collection of such sales tax; 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 15th day of January, 1994, at which the following proposition was considered: "The levy and collection of an additional one-half (112) of one cent sales and use tax be imposed for the purpose of promoting economic development by funding parks, park facilities, recreational programs and other park and recreation related expenses in accordance with the Development Corporation Act of 1979, Article 5190.6 Section 4B, Vernon's Texas Civil Statutes" wherein 167 total votes were cast for and against the proposition, with 107 voting FOR said proposition and 60 voting AGAINST said proposition, thereby creating a margin of 47 votes by which the proposition was approved, are hereby stated and declared to be the official results of the election. 1 SECTION II There is hereby imposed a sales tax for promoting economic development by funding parks, park facilities, recreational programs and other park and recreation related expenses in accordance with the Development Corporation Act of 1979, Article 5190.6 Section 4B, Vernon's Texas Civil Statutes, 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 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. SECTION IV 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 V 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 VI 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. 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this ~Rday of January, 1994. /~ a~/ - ATTEST: t1:(~ 1{~ Mary Nichols City Secretary 3