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HomeMy Public PortalAboutOrdinance No. 609-89 12-11-1989 • ORDINANCE NO. 6 0 9 AN ORDINANCE PROVIDING FOR THE CONTINUED TAXATION OF GOODS, WARES, MERCHANDISE, OTHER TANGIBLE PERSONAL PROPERTY AND ORES TEMPORARILY WITHIN THE CORPORATE LIlI~IITS OF THE CITY OF RICHLAND HILLS FOR CERTAIN PURPOSES; EXERCISING THE CITY'S OPTION TO TAX THAT PROPERTY OTHERWISE EXEMPTED UNDER SECTION 11.251, TEXAS PROPERTY TAX CODE AND ARTICLE VIII, SECTION 1 j, OF THE TEXAS CONSTITUTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 1-j, Subsection (a) of the Texas Constitution and Section 11.251 of the Texas Property Tax Code exempt from taxation certain tangible personal property referred to as "freeport goods" unless the governing body of the taxing authority elects to tax said property; and WHEREAS, the exemption of said "freeport goods" from taxation by the City of Richland Hills could result in the loss of needed revenues to the city and an unfair shift of the tax burden to the homeowner and local businessman; and WHEREAS, Article VIII, Section 1-j, Subsection (b) of the Texas Constitution authorizes the City Council of the City of Richland Hills to exercise its option to tax • said "freeport goods". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. Continuing the Ad Valorem Property Taxation of Certain Personal Property Temporarily Within the City of Richland Hills, Texas Pursuant to the provisions and authority of Section 1-j of Article VIII of the Texas Constitution the City of Richland Hills, Texas, by the adoption of this ordinance, does herewith and hereby take the official action authorized to it under and pursuant to such constitutional provision to continue the ad valorem property taxation of those certain goods, wares, merchandise, other tangible personal property, and ores which would otherwise be eligible for exemption from ad valorem taxation under and pursuant to the such provisions of Section 1-j of Article VIII of the Texas Constitution, which official action, having been taken prior to January 1, 1990, shall continue personal property ad valorem taxation of such otherwise exempt property for the tax year 1990 and all subsequent tax years. • ORDINANCE NO. 6 0 9 Page 1 • II. Severability Clause That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Effective Date This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 11th day of Dec . 1989; by a vote of 4 ayes, 1 nays and 0 abstentions. • APPROVED: r ~ W. H. (Bill) Vincent, Jr., Mayor ATTEST: ;l ~ Pauline Kempe, City Secr ary APPROVED AS TO FORM: 1 aul F. ieneskie, City Attorney • ORDINANCE NO. 6 0 9 Page 2