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Ordinance providing for continuation of taxation of goods in transit
in tax years beginning on or after January 1, 2012 in accordance with
Texas Tax Code Section 11.253.
Whereas, in accordance with Tax Code Section 11.253 (j), the City Council, in
Ordinance No. 027542 approved on December 18, 2007, authorized property taxes on
goods in transit which would otherwise be exempt under subsection (b);
Whereas, Texas Senate Bill 1 which passed during June 2011 special session of the
Texas Legislature, modified Tax Code Section 11.253 relating to property taxes on
goods in transit;
Whereas, Senate Bill 1, Article 48, requires cities to take official action between
October 1, 2011 and December 31, 2011 to provide for the continued taxation of goods
in transit;
Whereas, SB1 modified the definition of "goods in transit" in Texas Tax Code Section
11.253 (a) (2) to mean 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 stored under a contract of bailment by a public warehouse operator at one or
more public warehouse facilities in this state that are riot 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;
(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;
Whereas, SB1 provides that notwithstanding that official action was taken under the
previous law before October 1, 2011, to tax goods in transit exempt under subsection
(b) and not exempt other law, a taxing unit may not tax such goods in transit in a tax
year that begins on or after January 1, 2012, unless the governing body of the taxing
unit takes action on or after October 1, 2011, in the manner required for official action by
the governing body, to provide for the taxation of the goods in transit, after holding a
public hearing;
Whereas SB1 provides that the goods in transit remain subject to taxation by the taxing
unit until the governing body of the taxing unit, in the manner required for official action,
rescinds or repeals its previous action to tax goods in transit;
029256
INDEXED
Page 2of3
Whereas, the City Council of the City of Corpus Christi conducted a public hearing as
required by SB 1;
Now therefore, be it ordained by the City Council of the City of Corpus Christi,
Texas:
SECTION 1. In accordance with Texas Tax Code Section 11.253 as amended by
Senate Bill 1 during the June 2011 special session of the 82nd Texas Legislature, all
goods in transit as defined in Texas Tax Code Section 11.253 shall continue to be
subject to taxation by the City of Corpus Christi, Texas, in tax years beginning on or
after January 1, 2012.
SECTION 2. This Ordinance shall be effective upon date of final approval, and shall
continue to provide for taxation of goods in transit in succeeding tax years until
rescinded or repealed by action of the City Council.
Page3of3
That the foregoing ordiiwice was rea forth first time and passed to its second
!/
reading on this the day of V , 2011, by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo
Kevin Kieschnick
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
That the foregoing ordi n erwas read for the second time and passed finally on this
the rail` day ofLI dap��� , 2011, by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo
Kevin Kieschnick
Priscilla G. Leal
0,3 David Loeb
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City Secretary
John E. Marez
Nelda Martinez
Mark Scott
APPROVED as to form: Agri . 1 (, .=1_,I1
By:�.
Lisa Aguilar, ssistant City Attorney
for the City Attorney
day of , 2011.
Joe Ad '
Mayor
029256
State of Texas
County of Nueces
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5979125
PO #
Before me, the undersigned, a Notary Public, this day personally came
GEORGIA LAWSON, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
CorpusChristi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and
San Pates icio,Counties, and that the publication of, PUBLIC HEARING CITY OF
CORPUS CHRISTI PR which the .annexed is a true copy, was inserted in the
Corpus -Christi Caller -Times on the 10/10/2011., 10/10/2011.
$ 125.85
1Time(s)
LEGAL' SALES REPRESENTIVE
On this `l4
aday of prbOCC, 2( 111 certify that the attached document
is a true and an exact copy made by publisher.
Notary Public, State . f T:y as
i*iY MICHELLE YCOMMISSIONEXPIRESCABRERA
42. ""t March 19, 2012
4E » October 10, 2011 » CALLER -TIMES
Leal Notices 1110
PUBLIC HEARING
CITY OF CORPUS
CHRISTI
PROPERTY TAXON
GOODS -IN -
TRANSIT
Public Notice is here-
by given that the City
Council of the City of
Corpus Christi will
hold a public hearing
on Tuesday October
16, .2011 during the.
City Council meetin
beginning at 12:00
p.m. In the City
Council Chambers,
1201 Leopard Street,
Corpus Christi, Tex-
as, regarding
property taxation of
goods -in -transit, in
accordance with Sec,.
tion 11.253 of the
Texas Tax Code.
Any questions re-
garding this notice
may be referred to
Constance P. San-
chez, City of Corpus
Christi Interim Direc-
tor of Financial
Services, at
826-3227.