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HomeMy WebLinkAboutO-2015-3613 establish Ad Valorem tax freeze for residential homestead property owners; who are disabled or 65 years of age or older 2015-3613 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 find 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 II. "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. (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. CITY O P , TEXAS By: Lo is R Rigby Ma � A ST: oO r atrice Fogarty City Secretary APPROVED: lark T.Askins Assistant City Attorney