15-MOTION TO APPROVE ORDINANCE FOR CONTINUED TAXATION OF CERTAIN GOODS-IN-TRANSIT DURING 2012

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Draft ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ALLOWING THE CITY OF PARIS TO TAX TANGIBLE PERSONAL PROPERTY TEMPORARILY WAREHOUSED IN THE CITY AWAITING SHIPMENT TO OTHER LOCATIONS WITHIN OR WITHOUT THE STATE OF TEXAS, ("GOODS-IN-TRANSIT"); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 80th Texas Legislature in Regular Session enacted House Bill 621 to take effect on January 1, 2008, which added Texas Tax Code §11.253 to exempt from taxation certain tangible personal property held temporarily at a location in this state for assembling, storing, manufacturing, processing or fabricating purposes (goods-in-transit) which property has been subject to taxation in the past; and, WHEREAS, Texas Tax Code §11.253(j) as amended allows the governing body of a taxing unit, after conducting a public hearing, to provide for the continued taxation of such goods-in-transit; and, WHEREAS, the City Council of the City of Paris, having conducted a public hearing as required by Texas Tax Code §11.253(j), is of the opinion that it is in the best interests of the City of Paris to continue to tax such goods-in-transit; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the City Council did, on December 12, 2011 hold and conduct a public hearing on the subject of taxation of goods-in-transit. Section 3. That the goods-in-transit, as defined in Texas Tax Code §11.253(a)(2), as amended by House Bill 621, enacted by the 80th Texas Legislature in Regular Session, further amended by Senate Bill 1 shall remain subject to taxation by the City of Paris. Section 4. That goods-in-transit shall continue to be subject to ad valorem taxes up to and until such time as a future governing body of this municipality may choose otherwise. Section S. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. - - 100