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