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24-341ORD[NANCE NO. 24-341 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A 100% PROPERTYTAX EXEMPTION FOR QUALIFYING CHILD-CARE FACILITIES AS AUTHORIZEDUNDER TEXAS TAX CODE SECTION 11.36 AND ARTICLE VIII, SECTION 1-R OF THETEXAS CONSTITUTION; PROVIDING A REPEAL[NG CLAUSE; PROVIDING ASEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Texas Legislature enacted Senate Bill 1 145, which amended the Tax Code to allow a property tax exemption for certain child-care facilities, as Codified in Texas Tax Code Section 1 1.36; and WHEREAS, the voters of the State of Texas approved Proposition 2 on November 7, 2023, amending Article VIII, Texas Constitution, by adding Section 1-r to authorize ad valorem tax exemptions for child-care facilities; and WHEREAS, the City Council of the City of Denton recognizes the importance of quality child-care services and the economic challenges faced by child-care providers in the City; and WHEREAS, an exemption of 100% of the appraised value of all or a portion of the realproperty used to operate a qualifying child-care facility is in the public interest; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations in the preamble of this ordinance are found to be true and are incorporated herein by reference. SECTION 2. For the purposes of this ordinance, the terms “child-care facility” and “qualifying child-care facility” shall have the meanings ascribed to them in Texas Tax CodeSection 1 1.36. SECTION 3. Pursuant to the authority granted by Texas Tax Code Section 11.36 and Article VIII, Section 1-r of the Texas Constitution, the City of Denton hereby adopts a property tax exemption for qualifying child-care facilities. Qualifying persons are entitled to an exemption from ad valorem taxation of 1 00 percent of the appraised value of: (A) The real property the person owns and operates as a qualifying child-care facility; or (B) The portion of the real property that the person owns and leases to a person who uses the property to operate a qualifying child-care facility. SECTION 4. The property tax exemption adopted by this ordinance is subject to the limitations and requirements of Texas Tax Code Section 1 1.36. SECTION 5. A person may not claim the child-care facility exemption for a property if the person also claims a Texas Tax Code Section 11.13 residence homestead exemption on the property or leases any part of the property to another for use as a principal residence. SECTION 6. The exemption adopted by this ordinance applies to the tax year beginning January 1, 2024. SECTION 7. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of the conflict. SECTION 8. If any provision of this ordinance or the application thereof to any person or circumstance is found to be invalid or unconstitutional, such invalidity shall not affect other provisions or applications of this ordinance. SECTION 9. This ordinance shall become effective immediately upon its passage and approval. Th, mai,„ t, ,ppr,„, thi, ,rdinan„ was made by &4..,.J4,- eu,,L he G+t and seconded by E_ \ Hit b,/ . Theved by the following vote n - A : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer, District 3:Z U/ ,/ ,/ Joe Holland. District 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6: PASSED AND APPROVED this the 20 K day of f&rub, y , 2024. GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY ,\\ \ \! I IIIIf N APPROVED AS TO LEGAL FORM: MACK RE[NWAND, CITY ATTORNEY Scott Bray2024.02.12 14:16:26 -06’00’