HomeMy WebLinkAbout701 04-27-1982ORDINANCE NO. 701
AN ORDINANCE IMPOSING A GROSS RECEIPTS
TAX ON THE CONDUCT OF BINGO GAMES WITHIN
THE CORPORATE LIMITS OF THE CITY OF
EULESS, TEXAS; PROVIDING FOR THE AD-
MINISTRATION, COLLECTION, ENFORCEMENT
AND OPERATION OF SUCH TAX; PROVIDING A
PENALTY FOR FAILURE TO PAY OR REPORT
SUCH TAX; PROVIDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 3rd day of April, 1982, a majority of the
qualified voters, at an election called for such purpose under
the provisions of the Texas Bingo Enabling Act, did vote to
legalize bingo within the corporate limits of the City of
Euless, Texas; and
WHEREAS, the provisions of such Act authorize the govern-
ing body of the City of Euless, Texas, upon the legalization of
bingo, to impose a two percent (2 %) gross receipts tax on the
conduct of bingo games within the corporate limits of the City
of Euless, Texas; and
WHEREAS, the responsibility for enforcement and compli-
ance with certain provisions of the Texas Bingo Enabling Act are
imposed upon the political subdivisions wherein the conduct of
bingo has been legalized; and
WHEREAS, it is the desire of the City Council, as the
governing body of the City of Euless, Texas, to impose such
gross receipts tax for the purpose, among other things, of
defraying the cost and expense of enforcement and complying
with such Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS:
I.
There is hereby imposed, under the authority of the Texas
Bingo Enabling Act (Article 179(d) , revised Civil Statutes of
the State of Texas) hereinafter referred to as the Act, a two
percent (2%) gross receipts tax on the conduct of bingo games
within the corporate limits of the City of Euless, Texas.
II.
The Act is incorporated herein by reference as though set
forth in full and all terms, authorizations, restrictions,
provisions for license, control, reporting, computation, ad-
ministration, collection, enforcement, operation and exemption
provided for therein are given the same meaning, force and
effect for purposes hereof are adopted by reference.
III.
The Comptroller of Public Accounts of the State of Texas,
pursuant to the provisions of the Act, is herewith specifically
established and authorized as the agent and representative of
the City of Euless, Texas, in the administration, collection,
enforcement and operation of the gross receipts tax herein
provided for.
IV.
Severability Clause. That it is hereby declared to be the
intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or sec-
tion.
V.
Penalty for Violation. Any person, firm or corporation
violating any of the terms and provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount not to exceed $200.00.
Each such violation shall be deemed a separate offense and shall
be punishable as such hereunder.
VI.
Emergency Clause. By the affirmative vote of four or more
of its members, the City Council declares that this is an
ordinance for the immediate preservation of the public peace,
property, health, and safety, and is an emergency measure
within the meaning of Article II, Section 11 of the City
Charter; and the requirement that it be read at two meetings,
as specified in Section 11, is hereby dispensed with.
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VII.
Effective Date. This ordinance shall be in full force and
effect from and after its passage and publication as provided
by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND PASSED on first and final reading on the
13th day of April , 1982, at a regular meeting of the
City Council of the City of Euless, Texas, by a vote of 4
ayes, 0 nayes and 0 abstentions.
ATTEST:
Kay PA4ney, City,,!�tcr -Mary
APPROVED AS TO FORM:
Bob McFarland, City Att ney
APPROVED:
Vt4,0,W4, -.e Harold Samuels, Mayor
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ORDINANCE NO. 701
FURTHER PRESENTED AND PASSED at second and final reading on the
27th day of April, 1982, at a regular meeting of the Euless City Council, by a
vote of 5 ayes, 0 nays, and 0 abstentions.
APPROVED:
Harold D. Samuels, Mayor
ATTEST: