Loading...
2011-190s:Uegallour documents\ordinances1111freeport taxation.doc ORDINANCE NO. 2011-190 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE AD VALOREM TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT OR "SUPER FREEPORT" GOODS PURSUANT TO SECTION 11.253 OF THE TEXAS TAX CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AUTHORIZING THE CITY MANAGER TO FORWARD SAID ORDINANCE TO THE DENTON CENTR.AL APPRAISAL DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 80�' Texas Legislature enacted Tex. Tax Code, Section 11.253 (Tangible Personal Property in Transit) which reads, in pertinent part, as follows: Section 11.253(j): The governing body of a taxing unit, in the manner required for official action by the governing body, may provide for taxation of goods-in- transit exempt under Subsection (b) and not exempt under any other law. The official action to tax the goods-in-transit must be talcen before January 1 of the first tax year in which the governing body proposes to tax goods-in-transit. Before acting to tax the exempt property, the governing body of the taxing unit must conduct a public hearing as required by Section 1-n (d), Article VIII, Texas Constitution; and WHEREAS, the 82�' Texas Legislature enacted Senate Bill 1 to take effect on January 1, 2012, whicb amended Tex. Tax. Code, Section 11.253 so as to add Subsection (j-1) which reads as follows: Subsection (j-1): Notwithstanding Subsection (j) or official action that was talcen under that Subsection before October 1, 2011, to tax goods-in-transit exempt under Subsection (b) and not exempt under other law, a taxing unit may not tax such goods-in-transit in a tax year that begins on or after January 1, 2012, unless the governing body of the taxing unit takes action on or after October 1, 2011, in the manner required for official action by the governing body, to provide for the taxation of the goods-in-transit. The official action to tax the goods-in-transit must be taken before January 1 of the first tax year in which the governing body proposes to tax goods-in-transit. Before acting to tax the exempt property, the governing body of the taxing unit must conduct a public hearing as required by Section 1-n(d), Article VIII, Texas Constitution. If the governing body of a taxing unit provides for taxation of the goods-in-transit as provided by this Subsection, the exemption prescribed by Subsection (b) does not apply to that unit. The goods-in-transit remain subject to taxation by the t�ing unit until the governing body of the taxing unit, in the manner required for official action, rescinds or repeals its previous action to taa� goods-in-transit or otherwise determines that the exemption prescribed by Subsection (b) will apply to that taxing unit; and WHEREAS, the City Council of the City of Denton, having conducted a public hearing as required by Section 1-n(d), Article VIII, Texas Constitution, is of the opinion that it is in the best interests of the City to continue to tax such goods-in-transit; NOW, THEREFORE; s:llegal\our documentslordinances1111freeport t�ation.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The goods-in-transit, as defined by Tex. Tax Code, Section 11.253(a)(2) (Tangible Personal Properly in Transit) enacted by the 80th Texas Legislature in 2007 and as amended by Senate Bill 1 by the 82�' Texas Legislature in 2011, shall remain subject to taxation by the City of Denton, Texas. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the provision of this Ordinance are hereby repealed, and a11 other provisions of the ordinances of the City or Denton, not in conflict with the provision of this Ordinance, shall remain in full force and effect. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of , 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: - APPRO ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ./ � Page 2