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HomeMy WebLinkAbout029256 ORD - 10/18/2011Page 1 of 3 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 } } 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.