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2008-207r^ S:\Our Documents\Ordinances\08\ad valorem tax.doc ORDINANCE NO. 2 DM- 2, 0.7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, LEVYING THE AD VALOREM PROPERTY TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 2008, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2008, AND ADOPTING A TAX RATE FOR 2008; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL MAINTENANCE AND OPERATION EXPENSES AND FOR PAYMENT OF INTEREST AND PRINCIPAL ON OUTSTANDING CITY OF DENTON DEBT; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after notice of two public hearings on a tax increase was published in the Denton Record-Chronicle, and posted on the City's Internet website and its public access television channel as required by law, on September 9, 2008 and September 16, 2008, the City Council of the City of Denton, Texas (City) held two public hearings on a proposal to adopt a tax rate of $0.66652 for each $100 of taxable value which would increase total tax revenues from property on the tax roll by 3.3% and the notice showing the effect of the proposed tax revenue increase was posted on the City's Internet website and the City's public access television channel and any additional notices and actions were completed, as required by law; and WHEREAS, at the end of the September 9, 2008 and September 16, 2008 public hearings, the City Council passed resolutions setting the meeting on which it would vote on the tax rate and at the hearings it announced that it would vote on the tax rate at its September 23, 2008 meeting, which resolutions and announcements specified the date, time and place of this meeting in accordance with the law; and WHEREAS, after the public hearings and before the September 23, 2008 meeting, the City Council recorded its vote and published a Notice of Tax Revenue Increase in accordance with the law; and WHEREAS, this Ordinance sets a tax rate that, if applied to the total taxable value, will impose an amount of taxes to fund maintenance and operation expenditures of the City that exceeds the amount of taxes imposed for that purpose in 2007; and WHEREAS, the City Council deems it in the public interest to adopt a tax rate for the 2008 tax year that will exceed the effective tax rate; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. By authority of the Charter of the City of Denton, Texas, and the Laws of the State of Texas, there is hereby levied and adopted for the tax year 2008, on all taxable property situated within the corporate limits of the City of Denton, Texas on January 1, 2008, a tax rate of S:\Our Documents\Ordinances\08\ad valorem tax.doc $0.66652 for each $100 of taxable value. This tax rate is expected to increase total revenue from properties on the tax roll by 3.3% over 2007 tax revenues. SECTION 3. Of the total tax rate, $0.44765 for each $100 of taxable value is hereby included, adopted and shall be distributed to the General Fund of the City to fund maintenance and operation expenditures of the City in accordance with Section 26.05(a)(2) of the Texas Property Tax Code and any other applicable laws. SECTION 4. Of the total tax rate, $0.21887 for each $100 of taxable value is hereby included, adopted and shall be distributed to pay the City's debt service as provided by Sections 26.04(e)(3)(C) and 26.05(a)(1) of the Texas Property Tax Code and any other applicable laws. SECTION 5. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. SECTION 6. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $0.00. SECTION 7. The City Manager, or his designee, is directed to include the following statement on the home page of the City's Internet website: THE CITY OF DENTON, TEXAS ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $0.00. SECTION 8. Pursuant to Article 8, Section 1-b of the Texas Constitution, and pursuant to the provisions of Section 11.13(n) of the Texas Property Tax Code, one-half percent of the assessed value of residential homesteads, or $5,000 of the assessed value of residential homesteads, whichever amount shall be greater, shall be exempt from City ad valorem taxes. SECTION 9. Pursuant to Article 8, Section 1-b of the Texas Constitution, $25,000 of the assessed value of residential homesteads of persons 65 years of age or older shall be exempt from City ad valorem taxes. SECTION 10. Pursuant to Article 8, Section 1-b of the Texas Constitution, $10,000 of the assessed value of residential homesteads of disabled persons shall be exempt from City ad valorem taxes. SECTION 11. For enforcement of the collection of taxes hereby levied, the City of Denton shall have available all rights and remedies provided by law. SECTION 12. If any section, subsection, paragraph, sentence, clause, phrase or word in this Ordinance, or the application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this PAGE 2 S:\Our Documents\Ordinances\08\ad valorem tax.doc Ordinance and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 13. THE MOTION APPROVING THIS ORDINANCE WAS MADE AND SECONDED AS FOLLOWS: "I MOVE THAT PROPERTY TAXES BE INCREASED BY THE ADOPTION OF A TAX RATE OF $0.66652 FOR EACH $100 OF TAXABLE VALUE." SECTION 14. This Ordinance shall become effective immediately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas on this the 23`d day of September 2008, at which meeting a quorum was present and the meeting was held in accordance with the provisions of the Tex. Gov't Code, Section 551.001 et seq. The City Secretary is hereby directed to record this Ordinance and the vote to adopt the tax rate. PASSED AND APPROVED this the 43 day of , 2008. n A. BURROUGHS, MAYOR ATTEST: JENNIFER WAL BY: , CITY SECRETARY APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: Council Member Mark A. Burroughs, Mayor Charlye Heggins Rudy Moreno Jack Thomson Chris Watts Pete Kamp, Mayor Pro Tern Joe Mulroy, Voted For Voted Against PAGE 3