Item 6JM E M O R A N D U M
September 10, 2008
TO: Shana Yelverton, City Manager
FROM: Sharen Jackson, Director of Finance
nd
SUBJECT:Ordinance No. 944, 2Reading, Approve an ordinance of the City of
Southlake, Texas, providing for a residential homestead property tax
exemption; providing that this ordinance shall be cumulative of all
ordinances; providing a severability clause; providing a publication
clause; and providing an effective date.
_______________________________________________________________________
_
nd
Action Requested:
Approval of Ordinance No. 944, on 2 reading, providing for a
residential homestead property tax exemption.
Background
Information:
The proposed FY 2009 proposes to implement a new homestead
exemption of $15,000 to compliment the current over-65
exemption ($75,000) and disabled exemption ($75,000), as well
as the over-65 tax freeze.
Approval of the ordinance would provide a homestead exemption
of $15,000 to Southlake residents for tax year 2008.
Financial
Considerations:
Approval of homestead exemption reduces property tax revenue
by $511,573 (reduction is reflected in the proposed budget).
Citizen Input/
Board Review:
A Public Hearing is scheduled for September 16, 2008.
Legal Review:
The city attorney prepared Ordinance 944
Alternatives:
Deny or modify
Supporting
Documents:
Ordinance No. 944
Staff
Recommendation:
Approval of Ordinance No. 944.
ORDINANCE NO. 944
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS,
PROVIDING FOR A RESIDENTIAL HOMESTEAD PROPERTY
TAX EXEMPTION; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PUBLICATION
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of Southlake, Texas is a home rule city acting under
its charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS
, Section 11.13(n) of the Texas Property Tax Code provides
that the City Council may adopt an exemption from taxation of a portion of the
appraised value of the residence homestead; and
WHEREAS
, the City Council desires to adopt a residential homestead
exemption pursuant to Section 11.13(n) of the Texas Property Tax Code for the
2008 tax year.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
In addition to any other exemptions provided by state law or city
ordinance, the owner of a residence homestead who makes application
therefore, shall be entitled to an exemption for the 2008 tax year from City ad
valorem taxation of an amount equal to the lesser of fifteen thousand dollars
($15,000) or twenty percent (20%) of the appraised value.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of Southlake, Texas, as amended, except
where the provisions of this ordinance are in direct conflict with the provisions of
such ordinances and such Code, in which event the conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 3.
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 in this ordinance of any such unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 4.
The City Secretary of the City of Southlake is hereby authorized to publish
this ordinance in book or pamphlet form for general distribution among the public,
and the operative provisions of this ordinance as so published shall be
admissible in evidence in all courts without further proof than the production
thereof.
SECTION 5.
This Ordinance shall be in full force and effect form and after its passage
and publication as provided by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS _____ DAY
OF _______________________, 2008
.
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS _____
DAY OF _______________________, 2008
.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
EFFECTIVE: ____________________
APPROVED AS TO FORM AND
LEGALITY:
________________________________
CITY ATTORNEY