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Res 10-20 Providing Notice of Intent to Consider Levying a Property Tax TOWN OF WESTLAKE RESOLUTION NO 1Q-20 AUTHORIZING THE TOWN MANAGER TO PROVIDE NOTICE OF INTENT TO CONSIDER THE LEVY OF A PROPERTY TAX ON ALL PROPERTY TAXABLE BY LAW IN THE TOWN OF WESTLAKE, TEXAS, PROVIDING FOR EXEMPTIONS TO THE PROPERTY TAX, PROVIDING THAT NOTICE IS TO BE SENT TO THE TARRANT AND DENTON COUNTY TAX ASSESSORS AND COLLECTORS; PROVIDING FOR COLLECTION OF THE TAX AND FOR A FIFTEEN PERCENT COLLECTION FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Town of Westlake has not levied a property tax in the past; and, WHEREAS, the Town Council finds that it may be necessary to consider levying a property tax for the Town of Westlake for the health, welfare and safety of the Town for the taxable year October 1, 2010 to September 30, 2011; WHEREAS, in order to maintain the Town's options in regard to the possible levy of a property tax and due to the requirements of state law, it is necessary for the Town Council to provide the Tarrant and Denton Appraisal Districts with notice of intent to consider the levy of a property tax and exemptions by July 1St of this year in order to allow for consideration of the possibility of levying a property tax; WHEREAS, Section 86-2 of the codified ordinances of the Town of Westlake, as passed in 2003 provides as follows: "The Board of Aldermen of the Town of Westlake does hereby establish an ad valorem tax limitation on residence homesteads of the disabled and of those aged 65 or over and their spouses, in accordance with Article VIII, Section 1-b of the Texas Constitution and V.T.C.A., Tax Code § 11.261." and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hercinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: Power to Tax: The Town Council of the Town shall have the power, and is hereby authorized to levy, assess and collect, not to exceed the maximum limits set by the Constitution and State law, on each one hundred dollar ($100.00) assessed valuation of all property having a situs within the corporate limits of the Town and not exempt from taxation by the Constitution and State law. Resolution 10-20 Pagel of 3 SECTION 3: Exemptions: That the Town of Westlake Town Council authorizing the following exemptions: (a) Homestead exemption - That a homestead exemption in the amount of twenty percent (20%) of the value of the homestead will be authorized, and in any event, the exemption shall be at least a minimum of Five Thousand dollars ($5,000.00). For purposes of this section "residential homestead" is defined as a structure (including a mobile home) or a separately secured and occupied portion of a structure (together with land, no to exceed ten (10) acres, and improvements used in the residential occupancy of the structure and the land and improvements have identical ownership) that (1) is owned by one or more individuals, either directly or through a beneficial interest is a qualifying trust; (2) is designed or adapted for a human residence; (3) is used as a residence; and (4) is occupied as his or her principal residence by an owner or, for property owned through a beneficial interest in a qualifying trust, by a trustee of the trust who qualifies for the exemption. (b) Freeport exemption - The Town elects not to tax that tangible personal property described in article VIII, section 1 j, subsection (a), Texas Constitution, and Texas Tax Code Section 11.251,which would otherwise be exempt, referred to as "Freeport goods." SECTION 4. That the Town staff will inform the Tarrant and Denton Central Appraisal Districts of this Resolution before July 1, 2010. SECTION 5. The Town of Westlake will pursue collection of delinquent taxes and adopts the provisions of Section 33.07 of the Texas Tax Code so that hereafter an additional penalty of fifteen (15) percent of the delinquent tax, penalty and interest on delinquent taxes be imposed on taxes becoming delinquent after January 1, 1982. SECTION 6. If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 7. That this resolution shall become effective from and after its date of passage. PASSED D ON THIS 28"DAY OF JUNE 2010. ATTE * frf Laura L. Wheat, Mayor EypS - Kell Edw s, Town Secretary Thomas ` Br- er, own Manager Resolution 10-20 Page 2 of 3 APPROVE AS TO f -16 U.Starl4on o , To Attorney Resolution 10-20 Page 3 of 3