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Item 6MCITY OF SOUTH LAKE MEMORANDUM August 29, 2012 To: Shana Yelverton, City Manager From: Sharen Jackson, Director of Finance Subject: Ordinance No. 1048, 1 St Reading, Approve an ordinance of the City of Southlake, Texas, providing for a residential homestead property tax exemption. Action Requested: Approval of Ordinance No. 1048, on 1 St reading, providing for a residential homestead property tax exemption. Background Information: The FY 2013 budget 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 2012. Financial Considerations: Approval of homestead exemption reduces property tax revenue by $560,000 (reduction is reflected in the proposed budget). Strategic Link: F1 Adhere to financial management principles and budget Citizen Input/ Board Review: Public hearing is scheduled for September 18 Legal Review: City attorneys prepared Ordinance 1048 Alternatives: Deny or modify Supporting Documents: Ordinance No. 1048 Staff Recommendation: Approval of Ordinance No. 1048, on 1 St reading, providing for a residential homestead property tax exemption. ORDINANCE NO. 1048 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 2012 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 2012 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 2012. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2012. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY