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HomeMy WebLinkAbout1930 10-11-2011 ORDINANCE NO. 1930 AN ORDINANCE AMENDING SECTION 78-2, "TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT" OF THE EULESS CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 82"d Texas Legislature during its Special Session enacted Senate Bill 1 (hereinafter referred to as "SB1"), which amended Texas Tax Code Section 11.253, under which personal property consisting of goods-in-transit, as newly defined, are exempt from taxation; and WHEREAS, a new subsection (j-1) was added to Section 11.253 by SB1, which provides for a local option under which a taxing unit may tax such goods-in-transit, otherwise exempt, if the governing body of such taxing unit, after a public hearing, takes official action to tax such personal property; and WHEREAS, on the 11th day of October, 2011 the City Council of the City of Euless, Texas, held a public hearing at which members of the public were permitted to speak for or against the taxation of certain goods-in-transit personal property; and WHEREAS, following the public hearing, the City Council of the City of Euless has determined that such goods-in-transit personal property, as exempted by Texas Tax Code Section 11.253, should be subject to taxation by the City of Euless for tax year 2012 and all subsequent years; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 THAT the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 THAT Chapter 78, "Taxation", Article I, "In General", Section 78-2, "Taxation of tangible personal property in transit" of the Code of Ordinances of the City of Euless, Texas, be amended to hereafter be and read in its entirety as follows: Sec 78-2. Taxation of tangible personal property in transit. Goods-in-transit personal property as defined by Section 11.253 of the Texas Tax Code, shall be, and are hereby declared to be taxable by the City of Euless for tax year 2012 and for every year thereafter, as provided for and in accordance with Texas Tax Code Section 11.253. SECTION 3 SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND APPROVED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 11th day of October, 2011, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: / 1AILL Mary Lib aleh, Mayor ATTEST: Ki , Sutter, RMC, City Secretary APPROVED AS TO FORM: (A-4 Wayne K. Olson, City Attorney Ordinance No. 1930,Page 2 of 2 INVOICE 1/f) / 3/0 Star-Telegram Customer ID: CITO9 400 W. 7TH STREET Invoice Number: 318149981 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 10/5/2011 Federal Tax ID 26-2674582 Terms: Net due in 21 days Bill To: Due Date: 10/31/2011 CITY OF EULESS ACCOUNTS PAYABL PO Number: 201 N ECTOR DR Order Number: 31814998 EULESS, TX 76039-3543 Sales Rep: 073 Description: City of Euless Notice Attn: ACCOUNTS .PAYABLE Publication Date: 10/5/2011 .727,77 ;7,7 7:2774:VT-757 .17:7174171 City of Et given th that tn.' I3580 1 16 16 LINE $3.34 $53.48 CRY Council will l hold•It on Tuesday, October 11. Sales Disc 2011 at 7:00 p.m. in the C ncil Chamber of.Euless City Hail, 201 ($55.68) N. Ector Drive, Euless, Texas, at Misc Fee which time interested parties and citizens shall have an opportunity $10.00 to be head concerning the Ad Ad NPersonal yry pars or Cor� of Tax RECEIVED Net Amount: oottunuovi,10 OCT 13 2011 �:'' PUei;••. CITY OF EULESS =U:z 1 co FINANCE DEPT. _ r e qTE b O ce • E7(p1F�•� THE STATE OF TEXAS ///1/ 1113 t�````�� County of Tarrant Before me,a Notary Public In and for said County and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was publish-• • the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)215-2323 Signed ,�Q� jc\OLOZIZZ - SUBSCRIBED AND SWORN TO BEFORE ME,THIS Thursday,O•obi' 0, 011. Notary Public _ J. ./../ Thank You For Your Payment Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 318149981 Invoice Amount: $7.80 PO Number: Amount Enclosed: 7� 70 INVOICE Star-Telegram Customer ID: CITO9 400 W.7TH STREET Invoice Number: 318298611 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 10/15/2011 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 10/31/2011 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 31829861 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn: ACCOUNTS .PAYABLE Publication Dates:10/14/2011 '10/15/201 Q CITY 0 •'' � I. 1 I3580 1 26 26 LINE $6.16 $320.12 4 'T8 ir, r* Sales Di 2 ,,""f ,�.. ($311.52) Misc Fed 4}, ' ''.2'-:-/-'''' $10.00 is . • 3 . pas o, umvidsd byi fees Charter and the laws of ,"of T Ft .,'1" Net Amount: 0IUUUtp438.60 regular meeting me .ct I- H044% - . r �1, I- ` , , gib ,.: RECEIVED _*. v. �‘ . ,s'rya , d �q I .1� OCT 24 2011 •.• •• waypttK,ft"C)tY A `1y'' �'�i,,�o-!.31 -12��`� THE STATE OF TEXAS CITY OF EULESS ��nomttllll���� County of Tarrant FINANCE DEPT. Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)215-2323 [`�� r Signed , ` ♦ ��i\ `.�: SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,Octo er 1`, /1. / / ` Notary Public X11 ._Al__ _,/ /II/ - �/ �'�`1 Thank You For Your Payment Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 318298611 Invoice Amount: $18.60 PO Number: Amount Enclosed: $ 'g . u l J I