Loading...
HomeMy WebLinkAboutR84-680RESOI33TION NO. R84-680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PIAI~RK/EW, TEX~, ACCEPTING THE AGgF~D PERC[~ SET~T.F~'~'Tf FOR THE PAYMENT OF AD VALO~ TAXqES ON BANK STOCK FOR CALENDAR (AND/OR TAX) YEARS 1981 & 1982 A~D ACCEPTING THE PERCENTAGE OF BOOK VALUE AS ESTABLISHED BY THE APPRAISAL REVIEW BOARD AT THEIR MEETING OF JANUARY 17, 1984 FOR THE CITY ~UUTIONAL BANK, HALE CEI~fY STATE BANK, AND THE FIRST NATIONAL BANK. WHEREAS, through the opinion of the United States.Supreme Court the method used in the State of Texas of assessing ad valorem taxes on United States obligations owned bybanksas part of their capital stock has been declared to be unconstitutioD~l; and WHEREAS, no formula or cleartydefinedmethodof calculating ad valorem taxes on bank capital stocks have beendevisedby the courts or the legislative bodies; and WHEREAS., on the 28th day of December 1981, the City of Plainview entered into a Stipulation and Agreement with the three local banks being the City National Bank, Hale County State Bank, and the First National Bank addressing this issue and the bauRs paying the assessed amount of taxes to the City with the City agreeing to refund monies paid for tax year 1981 upon determ/nation that capital stock or United States obligations are not .to be taxable; and WHEREAS, for the tax year of 1982, the local banks took legal action against the Hale County Tax Appraisal-District contending the same position but makingpayment to the City in the amount of Taxes assessed; and WHEREAS, for all practical purposes, the ruling by the United States Supreme Court has thrown out the tax law as it pertains to the calculation of ad valorem taxes assessed on capital bank stock in the State of Te3ms; and ~%%H~JEAS, there is a need to settle and put aside this matter so thatthe banks and the City canclos~ tax years 1981 & 1982-: O0 NOW, THEREFORE, BE IT RESOLVED by the City COuncil of the City of Plainview that the following be done: a) That the City accepts the agreement as proposed by the three (3) local banks being City National B-~mk, Hale COunty State Bank, and First National Bank and that ad valorem taxes be calculated on 70% of book value for 1981, and tax monies held by the City in excess of the amount owed for taxes be retained by the City and applied as a credit against assessed taxes in future years. b) That the Chief Appraiser of the Hale COunty Appraisal. District, Linda Jaynes, be made aware of and instructed to notify the Board of Directors of the Appraisal District of 'the desire of the Plainview City COuncil to accept the agreement as proposed by the three local banks as a settlement of taxes for tax year 1982, said agreement being the same as agreed to by the City and banks for tax year 1981. c) That the Plainview City Council accepts the decision made by the Appraisal Review Board during their meeting of January 17, 1984, that being the establishment of the three local bank's stock value to be at 35% of book value for the tax year of 1983. PASSED AND APPROVED this the 24th day of January, V. RIDLEHUBER, Mayor 1984. WALTER S. DODSON, City Clerk