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2006-037-ORD- Tax exemption for disability homestead ORDINANCE NO. 2006-037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING A LOCAL OPTION TAX EXEMPTION FROM CITY AD VALOREM PROPERTY TAXES FOR RESIDENCE HOMESTEAD FOR DISABLED PERSONS QUALIFYING FOR A DISABILITY HOMESTEAD;; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris is a home rule municipality located in Lamar County, created in accordance with the provisions of Chapter 9 of the Local Government Code and operating pursuant to the City Charter and enabling legislation of the State of Texas; and, WHEREAS, under the authority of Article VIII Section I-b(b) of the Texas Constitution and Section 11.13 of the Tax Code of the State of Texas, persons with a qualifying disability, on or before January 151 of the year for which the exemption is claimed, are eligible for a city ad valorem tax exemption on twenty thousand dollars ($20,000) of the appraised value of their residence homestead, as defined by law. WHEREAS, persons who qualify for such tax exemptions, must apply for exemption with the Lamar County Appraisal District and otherwise comply with requirements of said Appraisal District for making application for tax exemptions; and, WHEREAS, an eligible disabled person who is sixty-five (65) years of age or older may not receive both exemptions in the same year but may choose either; and, WHEREAS, persons must qualify for exemption by holding legal title to the residence homestead prior to January 151 of the year exemption is claimed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That persons with a qualifying disability, on or before January 151 of the year for which the exemption is claimed, are eligible for a city ad valorem tax exemption on twenty thousand dollars ($20,000) of the appraised value of their residence homestead, as defined by law. Section 3. That this ordinance shall be cumulative of all provisions of ordinances of the City of Paris, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 4. That it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 5. That all rights and remedies of the City of Paris are expressly saved as to any and all violations of the provisions of any ordinances regulating personnel policies that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 6. That this ordinance shall be in full force and effect from October 1, 2006. PASSED AND APPROVED this 25th day of September, 2006. ~~4J/?i2~ Richard Manning, Mayor "/ ATTEST: APPROVED AS TO FORM: ~~ ;J.~ D. Lestock, Assistant City Attorney