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HomeMy WebLinkAboutORD 87-44 AGENDA ORDINANCE NO. 87- 'q ENTITLED AN ORDINANCE RELATING TO TAXATION OF TELECOMMUNICATION SERVICES; REPEALING THE APPLICATION OF THE EXEMPTION PROVIDED IN SECTION 4B(A) I OF ARTICLE 1066C OF THE STATE STATUTES; PROVIDING FOR NOTIFICATION TO THE COMPTROLLER OF THE STATE OF TEXAS; PROVIDING THAT NO SUCH TAX PROVIDED FOR HEREUNDER SHALL SERVE AS AN OFFSET TO OR TO REDUCE ANY AMOUNT PAYABLE BY A-NY PROVIDER OF TELECOMMUNICATIONS SERVICES PURSUANT TO ANY FRANCHISE, STREET USE ORDINANCE, LICENSE TO ENCROACH, CHARTER PROVISION, STATUTE OR ANY OTHER IMPOSITION OF A FEE OR CHARGE BY THE CITY OF BEAUMONT; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . A tax is hereby authorized on all telecommunication services sold to the City of Beaumont, Texas. For purposes of this section, the sale of telecommunication 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. The application of the exemption provided for in Article 1066c, Section 4B(a) , the Texas Statutes, is hereby repealed by the City of Beaumont, Texas, as authorized by Section 4B(b) thereof. The rate of tax imposed by this section shall be the same as the rate imposed by the City of Beaumont, Texas, for all other local sales and use taxes, as authorized by the Legislature of the State of Texas. —P7— The City Clerk shall forward to the Comptroller of the state of Texas, by United States Registered or Certified Mail, a certified copy of this ordinance along with a copy of the Minutes of the City Council ' s vote and discussion on this ordinance. Section 2. This ordinance shall be and become effective as of October 1 , 1987. Section 3. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Beaumont, Texas, and this ordinance shall not operate to repeal or affect any of such other ordinances. Tax provided for hereunder shall not serve as an offset to, be in lieu of, or in any way reduce any amount payable to the city pursuant to any franchise, street use ordinance, charter provision, license to encroach; statute or, without limitation by the foregoing enumeration, any amount otherwise payable by any provider of telecommunication services; it being the express intent hereof that all such obligations, impositions and agreements of every kind and nature shall remain in full force and effect without reduction or limitation hereby. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are delcared to be severable. 2 Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of ` , 1987. Iwlayor PRe-M14 - 3 -