HomeMy WebLinkAboutOrdinance 19949-10-2011ORDINANCE NO. 19949 -10 -2011
AN ORDINANCE PROVIDING FOR THE CONTINUED
TAXATION OF GOODS -IN- TRANSIT, AS DEFINED IN AND
SUBJECT TO EXEMPTION UNDER TEXAS TAX CODE,
SECTION 11.253; MAKING CERTAIN FINDINGS OF FACT IN
RELATION THERETO; PROVIDING THAT THIS ORDINANCE
IS CUMULATIVE; PROVIDING FOR SEVERABILITY; AND
PROVING AN EFFECTIVE DATE.
WHEREAS, pursuant to House Bill 621, adopted by the 80th Texas Legislature,
the Texas Tax Code (the "Code ") was amended as of September 1, 2007 to add Section
11.253(b) providing for a general exemption from taxation of the appraised value of
property defined as "goods -in- transit' by Section 11.253(a)(2) of the Code ( "Goods -in-
Transit "); and
WHEREAS, House Bill 621 also added Section 11.2530) to the Code allowing a
taxing unit to opt out of this new tax exemption and to continue taxing Goods -in- Transit
if the taxing unit conducted a public hearing and subsequently took official action to
continue such taxation; and
WHEREAS, in accordance with Section 11.2530) of the Code, on October 30,
2007 the City Council adopted Ordinance No. 17856 -10 -2007 pursuant to which the City
elected to opt out of the exemption provided by Section 11.253(b) of the Code and to
continue taxing Goods -in- Transit; and
WHEREAS, pursuant to Senate Bill 1, adopted by the 82nd Texas Legislature
during its First Called Session and effective as of September 1, 2011, Section 11.253 of
the Code has once again been amended to provide that, beginning with the 2012 tax year,
Goods -in- Transit are exempt from taxation, notwithstanding any previous action taken by
Page I Ordinance No. 19949-10-2011
Ordinance Providing for Continued Taxation of
Goods -in- Transit (Tax Code § 11.253; SB I, 82 (1 ) Tex. Leg.)
a taxing unit to opt out of the exemption pursuant to Section 11.2530) of the Code,
including the City Council's action under Ordinance No. 17856 -10 -2007 to continue
taxing Goods -in- Transit; and
WHEREAS, Senate Bill 1 further amended the Code to add Section 11.2530 -1),
which allows the City once again to opt out of the exemption provided by Section
11.253(b) of the Code and to continue taxing Goods -in- Transit that are not otherwise
exempt from taxation if by not later than December 31, 2011 the City Council adopts an
ordinance providing for taxation of such Goods -in- Transit after conducting a public
hearing at which members of the public are permitted to speak for or against the taxation
of such Goods -in- Transit; and
WHEREAS, it is estimated that if the City does not opt out of the exemption
provided by Section 11.253(b) of the Code by adopting an ordinance providing for the
continued taxation of Goods -in- Transit, at least $1.4 billion in property value will be
removed from the City's tax rolls in 2012, which will reduce anticipated tax revenue in
that year by over $11.9 million;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
Section 1.
FINDINGS OF FACT.
That the City Council hereby makes the following findings of fact:
I.I. The statements and facts set forth in the recitals of this Ordinance are true
and correct.
Page 2 Ordinance No. 19949-10-2011
Ordinance Providing for Continued Taxation of
Goods -in- Transit (Tax Code § 11.253; SB I, 82 (1) Tex. Leg.)
1.2. On October 25, 2011, during the City Council's regularly scheduled
meeting and prior to the adoption of this Ordinance, the City Council
conducted a public hearing at which members of the public were permitted
to speak for or against the taxation of Goods -in- Transit. Notice of the
public hearing was posted in accordance with applicable law. After
affording all interested persons an opportunity to speak for or against the
taxation of Goods -in- Transit, the City Council closed the public hearing.
The public hearing satisfied the requirements of Article VIII, Section I-
n(d) of the Texas Constitution and Section 11.2530 -1) of the Texas Tax
Code.
1.3. Failure to opt out of the exemption provided by Section 11.253(b) of the
Code by adopting an ordinance that allows for the continued taxation of
Goods -in- Transit will cause at least $1.4 billion in property value to be
removed from the City's tax rolls in 2012, thereby creating significant
financial hardship for the City.
Section 2.
CONTINUED TAXATION OF GOODS -IN- TRANSIT.
That, in accordance with and as permitted by Section 11.2530 -1) of the Code, the
City Council hereby provides for the continued taxation of Goods -in- Transit, as defined
in Section 11.253(a)(2) of the Code and which are not otherwise exempt from taxation, in
the same manner as undertaken prior to the effective date of this Ordinance. Such
Goods -in- Transit shall continue to be taxable unless the City Council, in the manner
Page 3 Ordinance No. 19949-10-2011
Ordinance Prodding for Continued Taxation of
Goods -in- Transit (Tax Code § 1 1.253; SB I, 82 (1) Tex. Leg.)
required for official action by the City Council, subsequently adopts an Ordinance
repealing this Ordinance and ordaining that Goods -in- Transit will thereafter be exempt
from taxation in accordance with Section 11.253(b) of the Code.
Section 3.
CUMULATIVE NATURE.
That this Ordinance shall be cumulative of all ordinances of the City, except
where the provisions of this Ordinance are in direct conflict with the provisions of such
other ordinances, in which case the conflicting provisions of such other ordinances are
hereby repealed.
Section 4.
SEVERABILITY.
That if any portion, section or part of a section of this Ordinance is subsequently
declared invalid, inoperative or void for any reason by a court of competent jurisdiction,
the remaining portions, sections or parts of sections of this Ordinance shall be and remain
in full force and effect and shall not in any way be impaired or affected by such decision,
opinion or judgment.
Section 5.
IMMEDIATE EFFECT.
That this Ordinance shall take effect immediately upon its adoption.
Page 4 Ordinance No. 19949-10-2011
Ordinance Pro,iding for Continued I-axation of
Goods -in- Transit (Tax Code § 11.253; SB 1, 82 ( I ) Tex. Leg.)
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: October 25, 2011
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Deputy City Attorney
M &C: G -17429
Page 5 Ordinance No. 19949-10-2011
Ordinance Providing for Continued Taxation of
Goods -in- Transit (Tax Code § 11.253; SB I, 82 (1) Tex. Leg.)
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/25/2011 - Ordinance No. 19949
DATE: Tuesday, October 25, 2011
LOG NAME: 12GOODS -IN- TRANSIT
REFERENCE NO.: G -17429
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Providing for the Continued Taxation of Goods -In- Transit, as
Defined In and Subject to Exemption Under Section 11.253, Texas Tax Code (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow members of the public to speak for or against the City's intention to
continue taxing goods -in- transit, as defined in and subject to exemption under Section 11.253 of the
Texas Tax Code; and
2. Adopt the attached ordinance providing for the continued taxation of goods -in- transit, as defined in and
subject to exemption under Section 11.253 of the Texas Tax Code.
DISCUSSION:
Goods -in- transit are generally certain goods that reside temporarily in warehouses within a city while
awaiting shipment to other locations. The specific definition of goods -in- transit is set forth in the Texas
Tax Code, Section 11.253(a)(2).
In 2007, the Texas Legislature adopted House Bill 621, which made goods -in- transit exempt from ad
valorem taxation, beginning with the 2008 tax year. However, House Bill 621 also allowed taxing units to
continue taxing goods -in- transit if they first conducted a public hearing and then took official action to do
so prior to January 1, 2008. On October 30, 2007, the City Council adopted Ordinance No. 17856 -10-
2007 (M &C G- 15952) pursuant to which the City elected to continue taxing goods -in- transit, just as it had
in the past.
Earlier this year, the Texas Legislature, in its first called special session, adopted Senate Bill 1, which
became effective on September 1, 2011. Senate Bill 1 amended Section 11.253 of the Texas Tax Code
to exempt once again goods -in- transit from taxation, beginning January 1, 2012, even in taxing
jurisdictions where action properly had been taken to continue taxing goods -in- transit. Thus, the action
taken by the City Council under Ordinance No. 17856 -10 -2007 to continue taxing goods -in- transit in the
City will be nullified as of January 1, 2012.
However, as with House Bill 621 in 2007, Senate Bill 1 allows the City to opt out of this newly asserted
exemption by adopting an ordinance providing for the continued taxation of goods -in- transit that are not
otherwise subject to a current exemption. A public hearing at which members of the public are permitted
to speak for or against the continued taxation of goods -in- transit must be conducted before such an
ordinance can be adopted. In order for the ordinance to be effective for the 2012 tax year, it must be
adopted no later than December 31, 2011. Once the attached ordinance is adopted, the City Council will
Logname: 12GOODS -IN- TRANSIT Page 1 of 2
not have to take further action to continue taxing goods -in- transit in subsequent tax years.
It is estimated that if the City does not opt out of the goods -in- transit tax exemption, approximately $1.4
billion in property value will be removed from the City's tax rolls in 2012, reducing anticipated tax revenues
for the 2012 tax year alone by over $11.9 million. Because of the financial hardship that the City would
face if the goods -in- transit tax exemption takes effect on January 1, 2012, City Staff recommends that,
following the public hearing, the City Council adopt the attached ordinance providing for the continued
taxation of goods -in- transit.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
ALL ACMs (6222)
Sarah Fullenwider (7623)
Peter Vaky (7601)
T.J. Patterson (6168)
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