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2205 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING ARTICLE TO BE NUMBERED ARTICLE II OF CHAPTER 28ORDINANCE N0. 2205 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING AN ARTICLE TO BE NUMBERED ARTICLE II OF CHAPTER 28; PROVIDING FOR A RESIDENCE HOMESTEAD EXEMPTION FOR THE ELDERLY, APPLI- CATION FOR EXEMPTION, DETERMINATION OF TAX ASSESSOR- COLLECTOR, LIMITATIONS OF EXEMPTION AND DETERMINATIVE DATE FOR EXEMPTION; REPEALING ALL ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY l, 1975. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That the Code of Ordinances of the City of Paris, Paris, Paris, Texas, be amended by adding an article to be numbered Article II of Chapter 28, to read as follows: "ARTICLE II. RESIDENCE HOMESTEAD EXEMPTION FOR THE ELDERLY. Section 28 -3. Exemption. Upon compliance with all requirements of this article and all other applicable laws and ordinances, $3, 000 of the assessed value of residence homesteads of persons sixty-five years of age or older shall be exempt from ad valorem taxes levied by the City of Paris. Section 28 -4. Effective date. Such exemption shall be effective as to such residence homesteads as may qualify hereunder from and after January l, 1975. Eligibility for such exemption shall be determined each year as of January 1 of such year. Section 28 -5. Application for exemption. The exemption provided for by this article shall not be allowed unless the person claiming such exemption shall file with the city tax assessor-collector, between January 1 and April 30th of the year for which such exemption is claimed, documentary proof of age satisfactory to the tax assessor-collector and a sworn claim for such exemption, describing the property for which exemption is sought, on forms prescribed by the tax assessor-collector, giving complete information as provided for by such forms. In the event of good cause shown to the satisfaction of the tax assessor-collector, late applications may be accepted but no later, in any event, than ten days prior to time for submission of assessment rolls to the board of equalization. After the filing of such proof of age and claim for exemption, the tax assessor-collector may, if he deems it necessary, request further information in order to determine eligibility for such exemption, which such information shall be provided by the applicant as a prerequisite to obtaining such exemption. Such application for exemption shall be made annually for each year that such exemption is sought. Section 28-6. Determination of tax assessor-collector. After said application, all necessary proof and any other necessary information has been filed, the tax assessor-collector shall determine eligibility for such exemption. The determination of the tax assessor- collector shall be final and the property in question shall be placed on the tax rolls of the city in accordance with such determination. However, in the event the tax assessor-collector should deny such application for exemption, notice shall be given to the applicant within ten days of such determination and in any event no later than the submission of all assessment lists to the board of equalization. However, there shall be no appeal of the tax assessor-collector's determination. Section 28 -7. Limitations of exemption. The exemption authorized hereby shall extend only to a residential homestead as same may be defined by the laws of the State of Texas. Such exemptions shall be allowed only if the property in question is in fact the residential homestead of the applicant and such person has attained the age of sixty-five years on January 1 of the taxable year in question. The exemption shall be granted if one spouse has attained the age of sixty-five years on such applicable date even though the other has not attained s uch age. Section 28 -8. Determinative date for exemption. January 1 of each tax year shall be the determinative date for eligibility for such exemption and qualification therefor shall be determined each year as of that date. Determination of eligibility for such exemption shall be for only the year in question with each subsequent year requir- ing application and determination of eligibility as provided herein. There shall be no proration of the exemption pro- vided for in this article for any taxable year either in the event of qualification or disqualification of either any appli- cable person or property for such exemption after January 1 of the applicable year." Section 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 3. It is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or in- validity shall not affect any of the remaining phrases, clauses, sen- tences, 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 unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections. Section 4. This ordinance shall become effective on January l, 1975. Passed and adopted this 9th day of December, 1974. -~-Yj A- 44.6~ Jam s M. Brunett , ayor ATTEST: City Clerk ~ APP OVED ~ TO FORM: . , T. : Haynes, City ttorney H. C. Gr ene ,