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HomeMy WebLinkAboutORD 2004-38 - Sunsetted ExemptionsMo 4 Ordinance • AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS REPEALING ORDINANCE NO 2004-25 IN ITS ENTIRETY RELATING TO SECTION 4.16.070 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN REGARDING THE REINSTATEMENT OF SUNSETTED HOMESTEAD TAX EXEMPTION PROVISIONS IF AN ELECTION ON A "TAX FREEZE" FAILS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 27, 2004, the City Council of the City of Georgetown approved ordinance No. 2004-25 amending the "sunset" provision of Section 4.16.070 as adopted by Ordinance No. 2004-16 to add a sentence at the end of that section providing that if an election on a "tax freeze" was called as required by Tex. Const. Art. 8, § 1-b(h), and if the measure failed, then the homestead tax exemptions would be automatically reinstated for the next tax year (i.e., on January 1 of the year following the election) to the pre- election amounts, rather than the statutory minimums; and WHEREAS, the City Council subsequently repealed the provisions of Section 4.16.070 relating to the effect of a tax freeze or tax limitation on the amount of the homestead tax exemptions; and WHEREAS, in light of the repeal of Section 4.16.070, the City Council also desires to repeal the provisions of Ordinance No. 2004-25 amending the repealed Section 4.16.070; and WHEREAS, the City Council of the City of Georgetown has followed the reconsideration procedures set forth in Chapter 2.24 of the City Code and finds and determines that it is in the public interest to amend in part and repeal in part the provisions of Ordinance No. 2004-25 as set forth herein. 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for both SECTION 2: Ordinance No. 2004-25, pertaining to an amendment to Section 4.15.070 of the City Code, is hereby repealed in its entirety. SECTION 3: 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 4. 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 5. 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. PASSED and APPROVED 520040 PASSED- and ADOPTED on p , 2004. ATTEST• ,%' Sandra D. Lee, City Secretary TO FORM: on First Reading on the Y day of Pairicia E. Carls, Brown & Carls, LLP City Attorney ..�- • . til. Second Reading on the Ze day of CITY OF GEORGETOWN, TEXAS am