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HomeMy WebLinkAbout07-3489 ord13 ORDINANCE AMENDMENT ORDINANCE NO. 07- 3489 AN ORDINANCE AMENDING CHAPTER 23, TAXATION, OF THE CITY OF PLAINVIEW CODE OF ORDINANCES TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS, the 80th Texas Legislature in Regular Session has enacted House Bill 621 to take effect on January 1, 2008, which added Tex. Tax Code, §11.253 to exempt from taxation certain tangible personal property held temporarily at a location in this state for assembling, storing, manufacturing, processing or fabricating purposes (goods-in-transit) which property has been subject to taxation in the past; and WHEREAS, Tex. Tax Code, §11.253Q), as amended, allows the governing body of a taxing unit, after conducting a public hearing, to provide for the continued taxation of such goods-in-transit; and WHEREAS, the City Council of the City of Plainview, having conducted a public hearing as required by Texas Constitution, Article VIII, Section 1-n(d), is of the opinion that it is in the best interests of the City to continue to tax such goods-in-transit. NOW, THEREFORE, the City of Plainview hereby ordains that: SECTION I The City of Plainview Code of Ordinances, Chapter 23, Taxation, Article I, In General, is hereby amended as follows: Sec. 23-6. Freeport tax. All of that property described in the Texas Constitution, Article VIII, Section 1 j, shall be fully taxable in the City beginning January 1, 1990.-, and in conjunction with the goods-in-transit, as defined in Tex. Tax Code 11.253(a)(2), as amended, by House Bill 621, enacted by the 80th Texas Legislature in Regular Session, which shall remain subject to taxation by the City of Plainview, Texas until such time that official action rescinds, repeals, or otherwise determines the exemption prescribed by Subsection (b} will apply. 1 Ordinance No. 07-3489 Freeport Taxes Page 1 of 3 14 'SECTION II Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION III All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION IV Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub-section, sentence, provision, clause, phrase, or word severable there from and the same shall be deemed severable for this purpose. SECTION V This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED on first reading this 27th day of November, 2007. PASSED AND APPROVED on second reading this 11tH ATTEST: Belinda Hinojosa, City Secreta ~ of December, 2007. HN C. ANDE ON, MAYOR Ordinance No. 07-3489 Freeport Taxes Page 2 of 3 15 1 ',Leslie Spear Pearce, City Attorney 1 1 Ordinance No. 07-3489 Freeport Taxes Page 3 of 3 APPROVED AS TO FORM: