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Home My WebLink AboutCP 281 F1CITY OF FORT WORTH, TEXAS COUNCIL PROPOSAL. Date: File Number: Subject:A Proposal to Adopt a Resolution Appointing the Governing Body's Membership as the Board 2/23/2010 281 of Directors of the Fort Worth Crime Control and Prevention District and Appointing Officers Proposed By: Franklin Moss City Manager's Review: Page: City Attorney's Review: PAGE 1 OF 1 It is proposed that the City Council adopt a resolution appointing the governing body's membership as the Board of Directors of the Fort Worth Crime Control and Prevention District and appointing officers thereto. DISCUSSION: Chapter 363 of the Texas Local Government Code provides for the formation and regulation of a Crime Control and Prevention District and provides that such a District is to be governed by a Board of Directors. Section 363.1015 of the Texas Local Government Code states that the governing body of the municipality by resolution may appoint the governing body's membership as the Board of Directors of the District. By adopting the resolution,the City Council will become the Board of Directors of the District,and will appoint Mayor Mike Moncrief as the President and Councilmember W.B."Zim" Zimmerman as the Vice President of the District. LEGALITY: The City Attorney finds that this proposal is legal and within the authority of the City Council. FISCAL NOTE: The Finance Director certifies that the approval of this Council Proposal will not require the appropriation of additional funds at this time. i CITY MANAGER'S COMMENT: i The appointment of the Crime Control and Prevention District Board of Directors is a policy decision for the City Council. PROPOSED BY: /1,x&� APPWVM Franklin Moss Carter Burdette MY COUNCIL Councilmember Councilmember -- - FEB 2 3 2010 LEGALITY I OFFICIAL RECORDI , J FISCAL NOTE ;ECtRETARY �'�dw L) CITY MANAGER'S C MW. J tTH. TX a QtJr4r gW0dkt>�s ❑ CITY POLICIES MAN IAL Aw Background material for CP 281 A Proposal to Adopt a Resolution Appointing the Governing Body's Membership as the Board of Directors of the Fort Worth Crime Control and Prevention District and Appointing Officers. ,r OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX i 1 CRI.N.E CONTROL AND PREVENTION DISTRICTS § 363.1015 1 Cb. 363 i Library References l Counties 0-40. C.J.S.Counties§ 63. Municipal Corporations 0280. C.J.S. .Municipal Corporations §§ 208 to 210, Westlaw Topic Nos. 104, 268. 113 to 218. Research References Treatises and Practice Aids Brooks, 36 Tex. Prac. Series § 20.73, Crime Control and Prevention Districts. f § 363.1015. Alternate Forms of Appointment: Board of Directors I (a) The governing body of a municipality or county by resolution may i appoint the governing body's membership as the board of directors of the district.. (b) In a district for which the board is not appointed under Subsection (a), the governing body of the municipality or county may create a board by having each member of the governing body appoint one director to the board, subject to confirmation by the governing body. (c) A director appointed under Subsection (b)serves: (1) at the pleasure of the governing body of the municipality or county; • and i (2) for a term concurrent with the term of the appointing member. i Added by Acts 1999, 76th Leg., ch. 1219, § 1, eff. Sept. 1, 1999. Historical and Statutory Notes This section was also added by Acts 1999, "To the extent of any conflict, this Act prevails 76th Leg., ch. 62, § 13.08(c). However, over another Act of the 76th Legislature, Regu- 11.02(6) of Acts 1999, 76th Leg., ch. 62 pro- lar Session, 1999, relating to nonsubstantive vides: additions to and corrections in enacted codes.' "If any provision of this Act conflicts with a Prior Laws: statute enacted by the 76th Legislature, Regular Acts 1997, 75th Leg.,ch. 1248,§ 3. Session, 1999,the statute controls." Vernon's Ann.Civ.St. art. 23700-4, § 4.01(0). (d). Section 7(c)of Acts 1999, 76th Leg., ch. 1219 Acts 1999, 76th Leg.,ch. 62,§ 13.03((). Provides: .acts 1999, 76th Leg., ch. 1219, § 7(b). Library References Counties d62. C.J.S.Counties§ 98. Municipal Corporations a 131. C.J.S. Municipal Corporations §§ 350, 353, Westlaw Topic Nos. 104, 268. 355, 367. Research References Trestlses and Practice Aids Brooks, 36 Ter. Prac. Series § 20.73, Crime Control and Prevention Districts. OFFICIAL RECORD 15 CITY SECRETARY FT.WORTH,TX i § 321.102 LOCAL TA.Y:ITION Title 3 1 :321.102. Effective Dates: New Tax,Tax Repeal, Boundary Change Cross References Applicability of tax code, see V.T.C.A., Local Maximum tax rate in authority area, see Government Code§3 ,41 Lab,505.256. V.T.C.A.,Transportation Code§ 152.303. i § :321.1025. Annexation to Certain Regional Transportation Authorities Cross References i i Maximum tax rate in authority area, see i V.T.CA,Transportation Code§ 152403. I I § 321.103. Sales Tax Research References Encyclopedias Treatises and Practice:lids Tx Jur. 3d Taxation§ 290, Rates; Computation Brooks, 22 Tex. Prac. Series § 9.25, Municipal of Tax. Sales and Use Tax Act. § :321.101. Use Tax Research References Encyclopedias Treatises and Practice Aida TX Jur. 3d Taxation § 290, Rates; Computation Brooks, 22 Tex. Prae. Series 1 9.25, Municipal of T:uL Sales and Use Tax Act. § :321.105. Residential Use of Gas and Electricity Research References Treatises and Practice,lids Brooks, 22 Tex. Prac. Series § 9.25, Municipal Sales and Use Tax Act. § :321.1055. Imposition of Fire Control or Crime Control District Tax on the Residential Use of Gas and Electricity Text of section effective January 1, 1010 (a) This section applies to a fire control, prevention, and emergency medical services district or crime control and prevention district located in all or part of a municipality that imposes a tax on the residential use of gas and electricity under Section:321.105. (b) The board of directors of a district to which this section applies may, by order or resolution adopted in a public hearing by a vote of a majority of the membership of the board and recorded in the district's minutes: (1) impose a tax adopted under Section :321.106 or 321.108, as applicable, on receipts from the sale, production, distribution, lease, or rental of, and the use, storage, or other consumption within the district of,gas and electricity for residential use; (2) exempt from taxation the items described by Subdivision(1); or (:3) reimpose the tax under Subdivision(1). (c) A district that adopts an order or,resolution under Subsection(b)shall: (1) send a copy of the order or resolution to the comptroller by United States certified or registered mail; (2) send a copy of the order or resolution and a copy of the district's boundaries to each gas and electric company whose customers are subject to the tax by United States certified or registered mail; and 71 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 7 i , i LOCAL TAXATION § 321.203 � Title 3 i (3) publish notice of the order or resolution in a newspaper of general circulation in the district. i (d) if the residential use of gas and electricity ceases to be taxable in the municipality in i which a district is located,then the residential use of gas and electricity is not taxable by the district_ (e) The provisions of Sections 321.201 and 321.204 that govern the computation of municipal taxes on gas and electricity for residential use apply to the computation of district taxes on gas and electricity for residential use under this section. Added by Acts 2001.1,81st Leg.,ch.1420,§ 2,efr.Jan. 1,'2010. § 321.106. Fire Control District Tax Cross References Sales and use tax, see V.T.CA, Local Govern- Use of revenue,see V.T.C.A., Local Government ment Code§ 344.655. Code§ 344.154. § 321.108. Municipal Crime Control and Prevention District Tax Cross References Dissolution of district, see V.T.CA, Local Gov- Use of revenue,see V.T.CA,Local Government ernment Code§ 363,302. Code§ 363.154. Sales tax: rate; limitation; municipal authority, see V.T.CA, Local Government Cade § 363.055. SUBCHAPTER C. COMPUTATION OF TAXES § 321.201. Computation of Sales Taxes Research References Encyclopedias Treatises and Practice Aids TX Jur.3d Taxation § 290, Rates; Computation Brooks, 22 Tex. Prac. Series § 9.25, Municipal of Tax. Sales and Use Tax Act. § 321.202. Method of Reporting: Retailers Having Sales Below Taxable Amount Research References Encyclopedias TX Jur. 3d Taxation § 290, Rates; Computation of Tax. § 321103. Consummation of Sale. (a) A sale of a taxable item occurs within the municipality in which the sale is consummat- ed. A sale is consummated as provided by this section regardless of the place where transfer of title or possession occurs. (b) If a retailer has only one place of business in this state, all of the retailer's retail sales of taxable items are consummated at that place of business except as protiided by Subsection (e). (c) If a retailer has more than one place of business in this state, each sale of each taxable item by the retailer is consummated at the place of business of the retailer in this state where the retailer first receives the order, provided that the order is placed in person by the purchaser or lessee of the taxable item at the place of business of the retailer in this state where ere er-11M rmeires-tlte order. (C-1 J6F t retailer has more than one place of business in this state and Subsection (c) does n t app y, the sale is consunithated at the place of business of the retailer in this state: F a 75 FT. WORTH, TX Apo- A Resolution NO. =oa-ab�o OF THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, APPOINTING THE GOVERNING BODY'S MEMBERSHIP AS THE BOARD OF DIRECTORS OF THE FORT WORTH CRIME CONTROL AND PREVENTION DISTRICT AND APPOINTING OFFICERS WHEREAS, Chapter 363 of the Texas Local Government Code provides for the formation and regulation of a Crime Control and Prevention District and provides that such a District is to be governed by a Board of Directors; and WHEREAS, state law provides more than one method for appointment of the Board of Directors of a Crime Control and Prevention District; and WHEREAS, under state law, the Fort Worth City Council as governing body of a municipality has authority to appoint by resolution the governing body's membership as the Board of Directors of the Fort Worth Crime Control and Prevention District; and WHEREAS, the governing body desires to designate Mayor Mike Moncrief as the President of the Crime Control and Prevention District and Council Member Zim Zimmerman as the Vice President of the Crime Control and Prevention District; and �. WHEREAS, the Fort Worth City Council has determined that it is in the best interest of the citizens of the City of Fort Worth for the membership of the Fort Worth City Council to be appointed as the Board of Directors of the Fort Worth Crime Control and Prevention District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That pursuant to Chapter 363 of the Texas Local Government Code, the Fort Worth City Council, as governing body of the City of Fort Worth, hereby appoints the governing body's membership to serve as the Board of Directors of the Fort Worth Crime Control and Prevention District and designate Mayor Mike Moncrief as President and Council Member Zim Zimmerman as Vice President of the Crime Control and Prevention District. Adopted this ______day of — 2010. ATTEST: By: Marty Hendrix, City Secretary ouWORT CITY SECRETARY FT.WORTH, TX