HomeMy WebLinkAboutORD 2004-37 - Tax ExemptionsAN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS
AMENDING AND REPEALING THE PROVISIONS OF
ORDINANCE NO. 200446 RELATING TO SECTION 4.16.010 OF
THE CODE OF ORDINANCES OF THE CITY OF
GEORGETOWN REGARDING THE AMOUNT OF HOMESTEAD
TAX EXEMPTIONS FOR PERSONS AGE 65 AND OLDERAND
RELATING TO SECTION 4.17.060 OF THE CITY CODE OF THE
CITY OF GEORGETOWN REGARDING THE AMOUNT OF
HOMESTEAD TAX EXEMPTIONS FOR DISABLED PERSONS;
REPEALING IN ITS ENTIRETY THE PROVISIONS OF
ORDINANCE NO. 200446 RELATING TO SECTION 4.16.070 OF
THE CODE OF ORDINANCES OF THE CITY OF
GEORGETOWN REGARDING THE EFFECT ON THE
AMOUNTS OF THE HOMESTEAD TAX EXEMPTIONS OF AN
ELECTION ON OR PASSAGE OF A "TAX FREEZE;"
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on February 24, 2004, the City Council of the City of Georgetown approved
ordinance No. 2004-16 increasing the amount of the homestead property tax exemptions
from $12,000 to $42,000 for persons age 65 and older, and from $0 to $40,000 for
disabled persons; and
WHEREAS, Ordinance No. 2004-16 also included a "sunset" provision stating that the
new increased homestead tax exemptions would terminate automatically and revert to the
statutory minimums when an election is called on a "tax freeze" as allowed by Tex.
Const. Art. 8, § 1-b(h); and
WHEREAS, the City Council of the City of Georgetown finds and determines that it is in
the public interest of the citizens of Georgetown to reconsider the financial impact of
increasing the amount of the homestead tax exemption for persons age 65 and older in
light of the possibility of serious financial hardship that would follow if a "tax freeze"
was made effective and applied in addition to the higher exemption amount; and
WHEREAS, the City Council of the City of Georgetown finds that significant negative
financial consequences would not necessarily follow from the increase to $40,000 in the
amount of the homestead tax exemption for disabled persons inasmuch as the number of
persons claiming, and expected to claim, the disabled exemption is relatively small;
therefore, the City Council does not desire to amend or repeal the amount of the tax
exemption for disabled persons; and
Ordinance No.
Amending Ordinance No. 2004-16 Pertaining to Tax Exemption Amounts for Persons Age 65 or Older and Disabled
Persons
Page 1 of 4
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN THAT:
SECTION 1: The recitals set forth in the preamble hereof are incorporated by reference
herein and shall have the same force and effect as if set forth in this Section. The City
Council hereby finds that the adoption of this Ordinance implements the following policy
of the Century Plan - Policy Plan Element:
Finance Policy End 14.00 which states;
in an efficient, business -like manner ar
current and future needs are provided."
"All municipal operations are conducted
I sufficient financial resources for both
SECTION
2: Section
4.16.010
of the City of
Georgetown Code
of Ordinances, as
amended by Ordinance
2004-16,
is hereby further
amended to provide
as follows:
Sec. 4.16.010. Residence homestead exemption - Persons age 65 and
older--Granted--Qualifications.
From and after January 1, 2004, $12,000 of the market value of residence
homesteads, as defined by law, of married or unmarried persons who have
attained the age of 65 years on or before January lst of the year for which
the exemption is claimed, including those living alone, is exempt from
City ad valorem taxes; provided, that an eligible adult is entitled to receive
any other applicable exemptions provided by law; provided, further, that
where the ad valorem tax has theretofore been pledged for the payment of
any debt, the taxing officer of the political subdivisions shall have
authority to continue to levy and collect the tax against the homestead
property at the same rate as the tax so pledged, until the debt is discharged,
if the cessation of the levy would impair the obligation of the contract by
which the debt was created.
SECTION 3. Section 4.16.060 of the Code of Ordinances, shall continue to read as set
forth in Ordinance No. 2004-16 follows:
Section 4.16.060 "Residence homestead exemption — Disabled -
Granted — Qualifications
From and after January 1, 2004, $40,000 of the market value of residence
homesteads, as defined by law, of persons who are under a disability on or
before January lst for purposes of payment of disability insurance benefits
under Federal Old -Age, Survivors, and Disability Insurance, or its
successors, of the year for which the exemption is claimed, including
those living alone, is exempt from City ad valorem taxes; provided that, an
eligible disabled person who is sixty-five (65) years of age or older may
not receive both the residence homestead exemption allowed by Section
4.16.010 of this Code and the residence homestead exemption allowed by
Ordinance No. A0011 m 37
Amending Ordinance No. 2004-16 Pertaining to Tax Exemption Amounts for Persons Age 65 or Older and Disabled
Persons
Page 2 of 4
this Section in the same year but may choose either; and provided further
that where the ad valorem tax has theretofore been pledged for the
payment of any debt, the taxing officer of the political subdivisions shall
have authority to continue to levy and collect the tax against the
homestead property at the same rate as the tax so pledged, until the debt is
discharged, if the cessation of the levy would impair the obligation of the
contract by which the debt was created.
SECTION 4: Section 4.16.070 "Effect of Tax Limitation" of the City of Georgetown Code
of Ordinances, as adopted by Ordinance No. 2004-16, is hereby repealed in its entirety.
SECTION 5: This ordinance shall be and is hereby declared to be cumulative of all other
ordinances of the City of Georgetown, and this ordinance shall not operate to repeal or
affect any of such other ordinances, except insofar as the provisions thereof might be
inconsistent or in conflict with the provisions of this ordinance, in which event such
conflicting provisions, if any in such other ordinance or ordinances are hereby
superseded.
SECTION 6. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
SECTION 7. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect
in accordance with the provisions of the Charter of the City of Georgetown.
PASSE and APPROVED on First Reading on the day of
2004.
and ADOPTED on Second Reading on the 22 day of
. e. , 2004.
CITY OF GEORGETOWN, TEXAS
Q
ATTEST/---)
,t
Sandra D. Lee, City Secretary
Ordinance No.
Amending Ordinance No. 2004-16 Pertaining to Tax Exemption Amounts for Persons Age 65 or Older and Disabled
Persons
Page 3 of 4
APPR7 AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Ordinance No. A004
O 37
Amending Ordinance No. 2004-16 Pertaining to Tax Exemption Amounts for Persons Age 65 or Older and Disabled
Persons
Page 4 of 4