12-14-15 Regular Meeting of La Porte City Council

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ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 66 "TAXATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ESTABLISHING AN AD VALOREM TAX FREEZE FOR RESIDENTIAL HOMESTEAD PROPERTY OWNERS IN THE CITY OF LA PORTE, TEXAS WHO ARE DISABLED OR 65 YEARS OF AGE OR OLDER; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE 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 resident homesteads of disabled individuals or individuals age sixty-five or 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 of the City of La Porte, Texas does hereby that it would be beneficial to the community to provide for a tax freeze on the amount of property taxes on the homesteads of disabled individuals or individuals age sixty-five or older, beginning with tax year 2015, as outlined below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 66, "Taxation", Article ll. "Ad Valorem Tax", Division 2. "Homestead Exemption", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Section 66-58 "Tax Freeze for Disabled and 65 and Older Homestead Property Owners", and shall hereinafter read as follows: "Sec. 66-58.- Tax Freeze for Disabled and 65 and older Homestead Property Owners. (1) Definitions: Disabled has the same meaning as set forth in the Texas Tax Code Section 11.13(m)(1), as it currently exists or may be amended. Residence homestead has the same meaning as set forth in the Texas Tax Code Section 11.130)(1), as it currently exists or may be amended. Tax Code means the Texas Tax Code, as it currently exists or may be amended. (2) Residence Homestead Tax Freeze for Elderly or Disabled. There is hereby created and established a tax freeze on the amount of property taxes imposed by the City of La Porte, Texas on the residence homesteads of disabled individuals or individuals age sixty-five or older, which shall be governed by §11.261 of the Tax Code, as follows: (a) The tax freeze shall become effective beginning with the 2015 tax year and shall remain effective for each successive tax year. (b) The total amount of ad valorem taxes imposed on the residence homesteads of a person who qualified a residence homestead for the exemption in accordance with the Tax Code as that 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 this person or that person's spouse who is disabled or fifty-five years of age or older.