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HomeMy WebLinkAboutO-2004-2763 e . ORDINANCE NO. 04- j. '7 &;3 AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. That there is hereby levied for the fiscal year beginning October 1, 2004, and ending September 30, 2005, on all real property situated and all personal property owned within the taxable limits of the said City of La Porte, on the first day of January, 2004, except so much as may be exempt under the constitution and laws of the United States, this State, and the City of La Porte, the following taxes: (1) An Ad Valorem Tax of and at the rate of sixty-one and two-tenths cents ($.612) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States for the current expenses for the support, maintenance, and improvement of the City Government of said City of La Porte; and (2) An Ad Valorem Tax of and at the rate of nine and eight-tenths cents ($.098) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the Principal and Interest accruing on all outstanding general obligation bonds and certificates of obligation lawfully issued by the City of La Porte. That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States. Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of one hundred percent (100%) of the estimated market value thereof. Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that all notices required by law have been published, and that a public hearing as required by law was duly called and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte. Section 5. 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 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. e e Section 7. 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. Section 8. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 23rd day of August, 2004. CI~~XAS Alton Porter, Mayor ~: , 'tilti.a bJ Marth Gillett, cit:'1:fretary )(' nox Askins, City Attorney ~~ 4.rr:l. L":4,. ~. e2004 Planning Calen.r City of La Porte Mailing of notices of appraised value by chief appraiser. Deadline for submitting appraisal records to ARB. Deadline for ARB to approve appraisal records. Deadline for chief appraiser to certify rolls to taxing units. Certification of anticipated collection rate by collector. Calculation of effective and rollback tax rates. Publication of effective and rollback tax rates, statement and schedules; submission to governing body. 72-hour notice for meeting (Open Meetings Notice). Meeting of governing body to discuss tax rate; if proposed tax rate will exceed the rollback rate or 103 percent of the effective tax rate (whichever is lower), take,record vote and schedule public hearing. Notice of Public Hearing on Tax Increase is the 1st quarter-page notice in newspaper and on TV and Web site, if available, published at least seven (7) days before public hearing. 72-hour notice for public hearing (Open Meetings Notice). Public hearing; schedule and announce meeting to adopt tax rate 3 - 14 days from this date. Notice of Vote on Tax Rate published before meeting to adopt tax rate is the second quarter-page notice in newspaper before meeting and published on TV and Web site (if available, at least seven (7) days before meeting). 72-hour notice for meeting at which governing body will adopt tax rate. Meeting to adopt tax rate. Meeting is 3 to 14 days after public hearing. Taxing unit must adopt tax rate by September 30 or within 60 days of receiving certified appraisal roll, whichever is later. 2004 Property Tax Rates in City of La Porta This n_oncems 2004 property tax rates for City of La PIW It presents infonnation about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tu rate: Last year's operating taxes Last year's debt taxes Last year's total taxes Last year's tax base Last year's total tax rate ThIs year's effective tu rate: Last year's adjusted taxes (after subtracting taxes on lost property) + This year's adjusted tax base (after subtracting value of new property) = This year's effective tax rate x 1.03 = maximum rate unless unit publishes notices and holds hearing ThIs year's rollback tu rate: Last year's adjusted operating taxes (after subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, and/or enhanced indigent health care expenditures) + This year's adjusted tax base = This year's effective operating rate x 1.08 = this year's maximum operating rate + This year's debt rate = This year's rollback rate $ 9,287,826 $ 1,984,578 $ 11 ,272,404 $ 1,587,662,535 0.110/$100 $ 11,213,768 $ 1,564,108,785 0.716/$100 0.737/$100 $ 9,237,940 $ 1,564,108,785 0.591/$100 0.638/$100 0.098/$100 0.736/$100 Statement of IncreaselDecrease If City .. Porte adopts a 2004tax rate equal to the effective tax rat" $0.716 per $100 o.e, taxes would increase compared to 2003 taxes by $1 tWi. Schedule A . Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund General Fund Debt Service Fund Balance $7,308,467 $1,581,505 Schedule B - 2004 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Principal or Interest to be Contract Payment Paid from Description to be Paid from Property of Debt Property Taxes Taxes Other Amounts to be Paid Total Payment 1994 General $905,000 $23,077 $0 $928,077 Obligation Bonds 1998 General $125,000 $84,219 $0 $209,219 Obligation Bonds 2000 General 5150,000 5144,344 $0 $294,344 Obligation Bonds 2000 Certificate $150,000 $130,050 $0 $280,050 of Obligation Bonds 2002 General $239,895 $0 $0 $239,895 Obligation Bonds Total Required for 2004 Debt Service $1,951,585 . Amount (if any) paid from funds listed in Schedule A $100,000 - Amount (if any) paid from other resources $280,050 - Excess collections last year $0 = Total to be paid from taxes in 2004 $1,571,535 + Amount added in anticipation that the unit will $0 collect only 100.00'10 of its taxes in 2004 = Total Debt Levy $1,571,535 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at604 W. Fainnont Parkway, La Porte, TX 77571. Name of person preparing this notice: Katherine R Powell Title: Tax Manager Date Prepared: August 18, 2004 i04 Effective Tax Rate wor'heet Entity Name: City of La Porte Date: 08/18/2004 See pages 17 to 20 of the Texas Comptroller's 2004 Truth-in- Taxation Manual for an explanation of the effective tax rate. Note: School districts are not required to publish an effective tax rate. School districts may complete this worksheet, at their option, or may skip to the Rollback Tax Rate Worksheet 1 . 2003 total taxable value. Enter the amount of2003 taxable value on the 2003 tax $1,560,569,980 roll today. Include any adjustments since last year's certification; exclude Section 25.25(d) one-third over-appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings (will deduct in line 2) and the captured value for tax increment financing (will deduct taxes in line 14). . SCHOOL DISTRICTS. Enter 2003 total taxable value of homesteads with tax $0 ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other units enter "0" (Note: Beginning with the 2005 tax rate, taxing units that adopted in 2004 the tax ceiling provision for homeowners age 65 or older or disabled will use this step.) . Preliminary 2003 adjusted taxable value. Subtract line 2 from line 1. $1,560,569,980 2003 total adopted tax rate. (/$100) 0.710 2003 taxable value lost because court appeals of ARB decisions reduced 2003 appraised value. A. Original 2003 ARB values: $1,162,620 B. 2003 values resulting from final court decisions: $146,080 c. 2003 value loss. Subtract B from A. $1,016,540 2003 taxable value, adjusted for court-ordered reductions. Add line 3 and line $1,561,586,520 5C. 2003 taxable value of property in territory the unit deannexed after January I, $0 2003. Enter the 2003 value of property in deannexed territory. 2003 taxable value lost because property first qualified for an exemption in 2004. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount Do not include value lost due to freeport exemptions or tax abatements. A. Absolute exemptions. Use 2003 market value: $1,490,830 B. Partial exemptions. 2004 exemption amount or 2004 percentage $6,016,970 exemption times 2003 value: c. Value loss. Add A and B. $7,507,800 2003 taxable value lost because property first qualified for agricultural appraisal (I-d or I-d-I), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 2004. Use only those properties that first qualified in 2004; do not use properties that qualified in 2003. A. 2003 market value: $92,070 B. 2004 productivity or special appraised value: $15,730 c. Value loss. Subtract B from A. $76,340 Total adjustments for lost value. Add lines 7, 8C and 9C. $7,584,140 2003 adjusted taxable value. Subtract line 10 from line 6. $1,554,002,380 2 3 4. 5. 6. 7. 8. 9. 10. 11. Truth In Taxation - July 2004 Page: I i04 Effective Tax Rate Worlheet Entity Name: City of La Porte 12 13. 14. . Adjusted 2003 taxes. Multiply line 4 by line 11 and divide by $100. $11,033,416 Taxes refunded for years preceding tax year 2003. Enter the amount of taxes $185,140 refunded during the last budget year for tax years preceding tax year 2003. Types of refunds include court decisions, Section 25.25(b) and (c) corrections and Section 31.11 payment errors. Do not include refunds for tax year 2003. This line applies only to tax years preceding tax year 2003. Taxes in tax increment financing (TIF) for tax year 2003. Enter the amount of $4,788 taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the unit has no 2004 captured appraised value in Line 160, enter "0." This does not apply to school disiricts. Adjusted 2003 taxes with refunds. Add lines 12 and 13, subtract line 14. $11,213,768 Total 2004 taxable value on the 2004 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with school tax ceilings (will deduct in line 18). These homesteads includes homeowners age 65 or older or disabled. A. Certified values only: $1,406,141,500 B. Counties: Include railroad rolling stock values certified by the $0 Comptroller's office: C. Pollution control exemption: Deduct the value of property exempted $0 for the current tax year for the first time as pollution control property (use this line based on attorney's advice): D. Tax increment fmancing: Deduct the 2004 captured appraised value $798,406 of property taxable by a taxing unit in a tax increment financing zone for which the 2004 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in line 21 below. Step D does not apply to school districts. E. Total 2004 value. Add A and B, then subtract C and D. $1,405,343,094 Total value of properties under protest or not included on certified appraisal roll. A. 2004 taxable value of properties under protest. The chief appraiser $96,286,961 certifies a list of properties still under ARB protest. The list shows the district's value and the taxpayer's claimed value, if any or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value. '. B. 2004 value of properties not under protest or included on certified $88,985,700 appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about but are not included at appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value. c. Total value under protest or not certified. Add A and B. $185,272,661 Date: 08/18/2004 15. 16. 17. Truth In Taxation - July 2004 Page: 2 104 Effective Tax Rate wor,heet Entity Name: City of La Porte 18. 19. 20. SCHOOL DISTRICTS. Enter 2004 total taxable value of homesteads with tax $0 ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other units enter "0" (Note: Beginning with the 2005 tax rate, taxing units that adopted in 2004 the tax ceiling provision for homeowners age 65 or older or disabled will use this step.) 2004 total taxable value. Add lines l6E and l7C. Subtract line 18. $1,590,615,755 Total 2004 taxable value of properties in territory annexed after January 1,2003. $0 Include both real and personal property. Enter the 2004 value of property in territory annexed, including any territory annexed bv the school district. Total 2004 taxable value of new improvements and new personal property $26,506,970 located in new improvements. "New" means the item was not on the appraisal roll in 2003. An improvement is a building, structure, fixture or fence erected on or affixed to land. A transportable structure erected on its owner's land is also included unless it is held for sale or is there only temporarily. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the unit after January 1, 2003 and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2004. New improvements do not include mineral interests produced for the first time, omitted property that is back assessed and increased appraisals on existing property. Total adjustments to the 2004 taxable value. Add lines 20 and 21. $26,506,970 2004 adjusted taxable value. Subtract line 22 from line 19. $1,564,108,785 2004 effective tax rate. Divide line 15 by line 23 and multiply by $100. (/$100) 0.716 COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2004 county effective tax rate. (/$100) Date: 08/18/2004 21. 22. 23. 24. 25. A county, city or hospital district that adopted the additional sales tax in August or November2003 or in January or May 2004 must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet on page 54 of the Texas Comptroller's2004 Truth-in- Taxation " ' Manual sets out this adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. Truth In Taxation - July 2004 Page: 3 '04 Rollback Tax Rate wor,heet Entity Name: City of La Porte 2 2 2 29. 6. 2003 maintenance and operations (M&O) tax rate. (/$100) 0.585 7. 2003 adjusted taxable value. Enter the amount from line II. $1,554,002,380 8. 2003 M&O taxes. A. Multiply line 26 by line 27 and divide by $100. $9,090,913 B. Cities, counties and hospital districts with additional sales tax: $0 Amount of additional sales tax collected and spent on M&O expenses in 2003. Enter amount from full year's sales tax revenue spent for M&O in 2003 fiscal year, if any. Other units, enter "0". Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent. C. Counties: Enter the amount for the state criminal justice mandate. If $0 second or later year, the amount is for increased cost above last year's amount. Other units, enter "0." D. Transferring function: If discontinuing all of a department, function $0 or activity and transferring it to another unit by written contract, enter the amount spent by the unit discontinuing the function in the 12 months preceding the month of this calculation. If the unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the unit operated the function. The unit discontinuing the function will subtract this amount in H below. The unit receiving the function will add this amount in H below. Other units, enter "0." E. Taxes refunded for years preceding tax year 2003: Enter the amount $151,815 ofM&O taxes refunded during the last budget year for tax years preceding tax year 2003. Types of refunds include court decisions, Section 25.25(b) and (c) corrections and Section 31.11 payment errors. Do not include refunds for tax yeai:' 2003. This line applies only to tax years preceding tax year 2003. F. Enhanced indigent health care expenditures: Enter the increased $0 , amount for the current year's enhanced indigent health care , expenditures above the preceding tax year's enhanced indigent health care expenditures, less any state assistance. G. Taxes in tax increment financing (TIF): Enter the amount of taxes $4,788 .' paid into the tax increment fund for a reinvestment zone as agreed by " the taxing unit If the unit has no 2004 captured appraised value in Line 160, enter "0." This does not apply to school districts. H. Adjusted M&O Taxes. Add A, B, C, E and F. For unit with D, $9,237,940 subtract if discontinuing function and add ifreceiving function. Subtract G. SCHOOL DISTRICfS ONLY: Complete the Texas Education Agency's $0 worksheet entitled Worksheet to Assist Districts in Calculating Rollback Rate. , . Enter amount on line 49 of the TEA worksheet for the 2004.05 M&O component. Date: 08/18/2004 Truth In Taxation - July 2004 Page: 1 ;04 Rollback Tax Rate wor'heet Entity Name: City of La Porte 30. 2004 adjusted taxable value. A. Enter line 23 from the Effective Tax Rate Worksheet. School districts: Enter line 19.. Ifa school district did not complete the Effective Tax Rate Worksheet, the school district does the following steps (1) to (5) below. AI. Total 2004 taxable value on the 2004 certified appraisal roll today. This value includes only certified values and includes the taxable value of homesteads with school tax ceilings for homeowners age 65 or older or disabled. Include also the taxable value in reinvestment zone, but remember that the unit will deposit a portion of the taxes to a special tax increment fund. Al. Total 2004 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The . list shows the district's value and the taxpayer's claimed value, if any or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value. AJ. Total 2004 value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about but are not included at the time of appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value. A4. 2004 taxable value of homesteads with tax ceilings. This includes homeowners age 65 or older or disabled. AS. 2004 taxable value. Add lines (1), (2) and (3) and subtract (4) and enter above at A. Date: 08/18/2004 $1,564,108,785 $0 $0 $0 $0 B. School districts: Subtract the 2004 captured appraised value of real $0 property taxable by the school district in a tax increment f"mancing zone. for which the 2004 taxes will be deposited into the tax increment fund. Also, subtract any new property value that is subject to a Chapter 313 tax limitation agreement. Other units, enter "0." C. Adjusted taxable value. Subtract B from A. 31. 2004 effective maintenance and operations rate. Divide line 28H by line 30C and multiply by $100. School districts: Divide line 29 by line 30C and multiply by $100. (/$100) 32. 2004 rollback maintenance and operation rate. County, cities and others: Multiply line 31 by 1.08. School districts: Add $0.06 to line 31. (See lines 50 to 53 for additional rate for pollution control expenses and lines 54 to 57 for additional rate for school employee health program) (/$100) $1,564,108,785 0.591 0.638 Truth In Taxation - July 2004 2 Page: 2004 Rollback Tax Rate W orJi!heet e . Entity Name: City of La Porte 33 34 . Total 2004 debt to be paid with property taxes and additional sales tax revenue. $1,571,535 "Debt" means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the unit's budget as M&O expenses. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue (or additional sales tax revenue). Do not include appraisal district budget payments. List the debt in "Schedule B: Debt Service." Ifusing unencumbered funds, subtract unencumbered fund amount used from total debt and list remainder. School districts do not have a Schedule B requirement. School districts subtract state aid received for paying principal and interest on debt for facilities through the existing debt allotment (EDA) program and/or instructional facilities allotment (IFA) program. . Certified 2003 excess debt collections. Enter the amount certified by the $0 collector. . Adjusted 2004 debt. Subtract line 34 from line 33. $1,571,535 . Certified 2004 anticipated collection rate. Enter the rate certified by the 100.00% collector. If the rate is 100 percent or greater, enter 100 percent. 2004 debt adjusted for collections. Divide line 35 by line 3'6. $1,571,535 2004 total taxable value. Enter the amount on line 19. School districts: Enter $1,590,615,755 line 30C. 2004 debt tax rate. Divide line 37 by line 38 and multiply by $100. (/$100) 0.098 2004 rollback tax rate. Add lines 32 and 39. (/$100) 0.736 COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2004 county rollback tax rate. Date: 08/18/2004 35 36 37. 38. 39. 40. 41. A taxing unit that adopted the additional sales tax must complete the lines for the Additional Sales Tax Rate. A taxing unit seeking additional rollback protection for pollution control expenses completes the Additional Rollback Protection for Pollution Control. A school district seeking additional rollback protection for expenses with the school employee health program completes the Additional Rollback Protection for School Employee Health Program. Truth In Taxation - July 2004 Page: 3 . . REQUEST FOR CITY CO CIL AGENDA ITEM Appropriation Requested By: C nthia B. Alexander Source of Funds: NI A Department: Finance Account Number: N/A Report: Resolution: Ordinance: XX Amount Budgeted: N/A Exhibits: Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUl\'IMARY & RECOMMENDATION The Fiscal Year 2004-05 Budget was built around a tax rate of 71 cents per hundred dollar valuation. A breakdown of the tax rate is as follows: General Fund = .612 cents per hundred dollar valuation Debt Service = .098 cents per hundred dollar valuation The tax rate of 71 cents is the same rate that has been adopted for the last sixteen years. Action Required bv Council: Approve Ordinance establishing the tax rate for Fiscal Year 2004-05 at 71 cents per hundred dollar valuation. Approved for City Council Aeenda De~~}:!1~~~ ------ 'i-/7-tJi Date