O-2015-3613 establish Ad Valorem tax freeze for residential homestead property owners; who are disabled or 65 years of age or older

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(c) If the person who is disabled or sixty-five years of age or older dies in a year in which the person received a residence homestead exemption, the total amount of ad valorem taxes imposed on the residence homestead shall not be increased while it remains the residence homestead of that person's surviving spouse if(i) the surviving spouse is fifty- five years of age or older at the time of the person's death; (ii) the residence homestead of the deceased person is also the residence homestead of the surviving spouse on the date of the person's death; and (iii) the residence homestead remains the residence homestead of the surviving spouse. (d) Notwithstanding anything contained herein,taxes on the residence homestead may be increased to the extent the value of the homestead is increased by improvements other than repairs and other than improvements made to comply with governmental requirements. (e) A person may not receive the tax freeze for more than one residence homestead, no matter where located, in the same year. A person may .designate a new residence homestead within the City in accordance with the Tax Code. (f) The limitation on taxes provided by this Ordinance may expire in accordance with §11.261(d) of the Tax Code, if (i) none of the owners of the structure who qualify for the exemption provided by Tax Code § 11.13(c) for a disabled individual or an individual 65 years of age or older and who owned the structure when the limitation provided by this ordinance first took effect is using the structure as a residence homestead; or(ii) none of the owners of the structure qualifies for the exemption provided by Tax Code § 11.13(c) for a disabled individual or an individual 65 years of age or older. If a tax limitation is erroneously allowed, back taxes may be assessed in accordance with §11.261(e) of the Tax Code." Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 3. The City Council officially finds,determines, recites,and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law,Chapter 551,Texas Government Code;and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this 14th day of DECEMBER, 2015.