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HomeMy Public PortalAboutOrdinance No. 860-99 05-11-1999 ORDINANCE NO. 8 6 0- 9 9 AN ORDINANCE REPEALING ORDINANCE NO. 609, ORIGINALLY ENACTED ON DECEMBER 11, 1989; GRANTING AN EXEMPTION FROM CITY AD VALOREM TAXES FOR "FREEPORT GOODS" AS DEFINED BY LAW; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the voters of the State of Texas on November 7, 1989, adopted an amendment to the Texas Constitution to add Section 1 j to Article VIII of the Texas Constitution; and WHEREAS, said Section 1 j exempted from ad valorem taxation certain personal property defined in said section and also known as "freeport goods"; and WHEREAS, said Section 1 j further provided that a city, county, or school district which did not wish to grant such exemption could take specified, official action to continue to tax such property within its jurisdiction; and WHEREAS, the City of Richland Hills, Texas, by Ordinance No. 609, adopted on December 11, 1989, took such official action to continue to tax such property; and WHEREAS, the City Council of the City of Richland Hills, Texas, after study, has found . and determined that economic development within the City would be promoted if the City hereafter exempted from taxation "freeport goods" as defined in Article VIII, Section 1 j of the Texas Constitution; and WHEREAS, in order to exempt such property from City ad valorem taxation, it is necessary to repeal, in its entirety, Ordinance No. 609 heretofore adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Ordinance No. 609, adopted by the Richland Hills City Council on December 11, 1989, be hereby repealed in its entirety. II. That the property defined in Section 1 j of Article VIII of the Texas Constitution, also known as "freeport goods", shall be exempt from City ad valorem taxation beginning with tax year 2000. III. • 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 ORDINANCE NO. PAGE 1 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. IV. 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 ~-~Mlay of Mai , 1999, by a vote of 5 ayes, 0 nays, and ~ abstentions. \\\\ll~,,,,,,,1~~~~ ,,,~~~G~~.ANQ " l~~ ; APPROVED: p ! r. ~ ~ a ~~T.__._~ ~ y - C. F. Kelley, Mayor ATTEST: ~~~ii~~lnnnul~`~~~ • Willis, City Secr ary AP V AS TO F AND LEGALITY: Jame A. Cribbs, City Attorney G:\Do R\RHills\ord-freeport goods.wpd • ORDINANCE NO. 8 6 0- 9 9 PAGE 2