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HomeMy WebLinkAboutOrdinances (O-04-1437)-01/20/2004 ORDINANCE 0-04-1437 AN ORDINANCE APPROVING AN AD VALOREM TAX FREEZE FOR RESIDENTIAL HOMESTEAD PROPERTY OWNERS WHO ARE DISABLED OR SIXTY-FIVE YEARS OF AGE OR OLDER AND PROVIDING FORAN EFFECTIVE DATE WHEREAS, the City of Colleyville is a home rule city acting under its charter and adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, as approved by the voters of the State of Texas at an election held on September 13, 2003, Article VIII, Section 1-b, subsection H, of the Texas Constitution allows municipalities and certain other taxing entities to establish an ad valorem tax freeze on residence homesteads of disabled individuals and individuals aged sixty-five and older; and WHEREAS, effective January 1, 2004, Section 11.261 of the Texas Tax Code governs the procedure under which a municipality or other taxing entity may adopt an ad valorem tax freeze; and WHEREAS, the City Council believes it would be in the best interest of the citizens of Colleyville to provide for a tax freeze on the amount of property taxes on the homesteads of disabled individuals and individuals aged sixty-five or older, beginning with tax year 2004. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS Sec.1. Sec. 2. Sec. 3. THAT effective with tax year 2004, the total amount of ad valorem taxes imposed on the residence homesteads of a person who is disabled or is sixty-five years of age or older shall not be increased while it remains the residence homestead of that person or that person's spouse who is disabled or sixty-five years of age or older. THAT if the person who is disabled or is sixty-five years of age or older dies in a year in which the person received a residence homestead exemption, the total amount of ad valorem taxes imposed upon the residence homestead shall not be increased while it remains the residence homestead of that person's surviving spouse if the spouse is fifty-five years of age or older at the time of the person's death. THAT notwithstanding Sec. 1. and Sec. 2., taxes on the residence Ordinance 0-04-1437 Page 2 of 2 homestead may be increased to the extent the value of the residence homestead is increased by improvements other than repairs and other than improvements made to comply with governmental requirements. Sec4. THAT the effective date for this ordinance shall be upon passage, and applies only to ad valorem taxes imposed on or after the date of passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the January 2004. t,.,.'" ...2t>Si day of The second reading and public hearing being conducted on the January 2004. day of A~YL~fk Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: ~~._~. .- u / ! ' Ross T. Foster City Attorney