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HomeMy WebLinkAboutORD 2007-063 ORDINANCE NO. 2007-63 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21, TAXATION, BY ADDING SECTION 21-10 IMPOSING A TAX ON GOODS IN TRANSIT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, in November 2001, the Texas voters approved an amendment to the Texas Constitution adding Article VIII, Section 1-n, authorizing the Texas Legislature to exempt form ad valorem taxation "goods in transit"; and WHEREAS, the Texas Constitution, Article VIII, Section 1-n(d), allows a municipality to tax "goods in transit" if the Texas Legislature authorizes an exemption; and WHEREAS, the 80th Texas Legislature enacted House Bill 621, to be codified at Texas Tax Code § 11.253, exempting "goods in transit" from taxation but authorizing municipalities to impose a tax on such goods following a public hearing; and WHEREAS, the City Council has held a public hearing at which members of the public were permitted to speak for or against the taxation of"goods in transit"; and WHEREAS, the City has complied with all necessary laws and other conditions precedent prior to enacting this ordinance; and WHEREAS, the City Council wishes to amend Chapter 21, and deems such amendments to be in the best interests of and necessary to protect the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated herein above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 21 Taxation of the Grapevine Code of Ordinances is hereby amended by the addition of a new Subsection 21-10 to read as follows: "Sec. 21-10. Tax imposed on goods in transit (a) Definitions: (1) "Dealer's motor vehicle inventory," "dealer's vessel and outboard motor inventory," "dealer's heavy equipment inventory," and "retail manufactured housing inventory" have the meanings assigned by Subchapter B, Chapter 23 of the Texas Tax Code. (2) "Goods in transit" means tangible personal property that: (A) is acquired in or imported into this state to be forwarded to another location in this state or outside this state; (B) is detained at a location in this state in which the owner of the property does not have a direct or indirect ownership interest for assembling, storing, manufacturing, processing, or fabricating purposes by the person who acquired or imported the property; (C) is transported to another location in this state or outside this state not later than 175 days after the date the person acquired the property in or imported the property into this state; and (D) does not include oil, natural gas, petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory, or retail manufactured housing inventory. (3) "Location" means a physical address. (4) "Petroleum product" means a liquid or gaseous material that is an immediate derivative of the refining of oil or natural gas. (b) Tax Imposed. The City hereby imposes a tax on "goods in transit", as provided by Texas Tax Code § 11.253(j), and not exempt from taxation by any other law." Section 3. The effective date for these amendments shall be the date of passage by the City Council, and all customers shall be billed under the new rates for usage commencing said date. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, ORD. NO. 2007-63 2 Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 20th day of November, 2007. APPROVED: William D. Tate Mayor ATTEST: C,7r,&f, Linda Huff City Secretary APPROVED AS TO FORM: )02.... /421,----) John F. Boyle, Jr. City Attorney ORD. NO. 7n07_f 3