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HomeMy WebLinkAboutOrd 560-2011 Goods in Transit Tax.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 560-2011 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES PART II (GENERAL ORDINANCES), ARTICLE 57 (RESERVED), BY ESTABLISHING ARTICLE 57 TO GOVERN MATTERS RELATED TO TAXATION AND ADDING ARTICLE 57, SECTION 1 (TAXATION OF GOODS IN TRANSIT) TO PRESERVE THE CITY'S AUTHORITY TO CONTINUE TO TAX GOODS IN TRANSIT; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 82nd Texas Legislature in its First Called Session has enacted Senate Bill 1, including Section 48.02 thereof to take effect on October 1, 2011, which would amend Texas Tax Code § 11.253 to exempt from taxation certain tangible personal property that is acquired in or imported into this state to be forwarded to another location in this state or outside this state; is stored under a contract of bailment by a public warehouse operator at one or more public warehouse facilities in this state that are not in any way owned or controlled by the owner of the personal property for the account of the person who acquired or imported the property; 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 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 ("goods-in-transit"), which property has been subject to taxation in the past; and WHEREAS, Texas Tax Code § 11.253 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 Anna, Texas ("City Council"), having conducted a public hearing as required by Section 1-n (d), Article VIII, Texas Constitution, and in accordance with the Texas Open Meetings Act, is of the opinion that it is in the best interests of the City of Anna, Texas ("City") to preserve its authority to tax such goods-in-transit; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as if set forth in full for all purposes. Old. 56()..2011 Goods in Transit Tax PAGE 1 OF2 10-11-11 In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council hereby amends Part II, Article 57 (Reserved) of the Anna Code, as follows: Article 57 TAXATION Reserved Section 1. Goods in Transit Goods-in-transit. as defined under Texas Tax Code § 11.253(a)(2), as amended by Senate Bill 1, enacted by the 82nd Texas Legislature in its First Called Session, shall remain subject to taxation by the City of Anna. Texas. Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 4. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and immediately after its passage. PASSED by the City Council of the City of Anna, Texas, this 11th day of October, 2011. ATTESTED: APPROVED: Oro. 560-2011 Goods in Transit Tax PAGE20F2 10-11-11