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CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 4/24/08 Council Date: Legal Department W, Kent McIlyar 12 4/28/08 RECOMMENDED MOTION: Public Hearing, consider and deliberate on an Initiative Petition proposing an Ordinance adopting a new section to the existing Code of Ordinance4s of the City of Paris, Texas relating to establishment of a limit on taxes for qualifying individuals pursuant to Article 8, Section 1-b(h) of the Texas Constitution and Texas Tax Code Section 11.261. POLICY ISSUE(S~: Fiscal and election BACKGROUND: Effective January 1, 2004, a new amendment to Article 8, Section 1-b(h) of the Texas Constitution authorizes the governing body of a municipality to enact an ordinance to create a "tax limit" or "tax ceiling" on property taxes for owners of residence homesteads who are either disabled (as defined by Sec. 11.13(c) of the Texas Tax Code) or age 65 years or older. The process for implementing this "tax ceiling" or "tax freeze" by City ordinance is set forth in detail in Sec.11.261 of the Texas Tax Code. On March 18, 2008, a Committee of Petitioners, made up of eight citizens of Paris, Texas filed an Initiative Petition proposing the adoption of a new city ordinance amending the existing Code of Ordinances to add a new section to create a limit or ceiling on ad valorem taxes for qualified disabled persons or persons age 65 or older with a residence homestead exemption in the City of Paris, Texas. In accordance with the requirements of the City Charter of the City of Paris, the City Clerk on April 14, 2008 certified to the City Council that the Initiative Petition was sufficient. Pursuant to Section 106 of the City Charter, the proposed initiative ordinance shall be read to the City Council and a public hearing shall be conducted. The City Council shall have sixty (60) days from the date the ordinance is presented to them to take final action, either adopting the initiative ordinance as written, adopting an alternative ordinance or allowing the initiative ordinance to proceed as written to the voters at the next available uniform election date (November 8, 2008). City staff is not recommending adoption of the Petition Ordinance as drafted for reasons which will be set out in more detail under separate memorandum to City Council and as will be discussed during the Public Hearing on April 28, 2008. __ BOARD~COMMISSION RECOMMENDATION: N/A EXHIBITS: Petition/Ordinance and Projected revenue loss. City of Paris ~ ~ Revised 2/04/08