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2007M46-Property in Transit ORDINANCE NO. 07 -M-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO TAX TANGmLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253, AS AMENDED; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the 80th Texas Legislature in Regular Session enacted House Bill 621 to take effect on January 1, 2008, which added Texas Tax Code Section 11.253 (the "Act") to exempt from taxation certain tangible personal property held temporarily at a location in the State of Texas for assembling, storing, manufacturing, processing, or fabricating purposes ("goods-in-transit") which property has been subject to taxation in the past; and WHEREAS, Section 11.253(k) of the Act allows the City Council of the City of Schertz, Texas (the "City"), by official action, to provide for the taxation of such goods-in-transit exempt under Section l1.253(c) of the Act and not exempt under other law; and WHEREAS, Section 11.253(k) of the Act requires the City Council of the City to take official action before January 1 of the first tax year in which the City proposes to tax goods-in-transit; and WHEREAS, Section 11.253(k) of the Act further requires the City Council of the City to conduct a public hearing as required by Section 1-n( d), Article VIII of the Texas Constitution, before acting to tax the exempt property; and WHEREAS, the City Council of the City, having conducted a public hearing on October 2, 2007 as required by Section 1-n(d), Article VIII of the Texas Constitution, is of the opinion that it is in the best interests of the City to tax such goods-in-transit; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Pursuant to Section 11.253(k) of the Act, the City shall taxgoods-in-transit, as defined by Section l1.253(a)(2) of the Act. Section 2. Goods-in-transit shall remain subject to taxation by the City until the City Council of the City rescinds or repeals this Ordinance to tax goods-in-transit, or otherwise determines that the exemption prescribed by Section l1.253(c) of the Act will apply to the City. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part ofthe judgment and findings of the Council. 50023841.1 Section 4. All ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. resolved. This Ordinance shall take effect from and after its passage, and it is so PASSED ON FIRST READING on the ~day of October, 2007. uL PASSED AND ADOPTED on second and final~~~'2007. Mayor ATTEST: ~~ W7A;UL~~ City ecr arY' I (CITY SEAL) 50023841.1