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<br />ORDINANCE NO. 07 -M-46 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, <br />TEXAS TO TAX TANGmLE PERSONAL PROPERTY IN TRANSIT WHICH <br />WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, <br />SECTION 11.253, AS AMENDED; AND OTHER MATTERS IN <br />CONNECTION THEREWITH <br /> <br />WHEREAS, the 80th Texas Legislature in Regular Session enacted House Bill 621 to take <br />effect on January 1, 2008, which added Texas Tax Code Section 11.253 (the "Act") to exempt from <br />taxation certain tangible personal property held temporarily at a location in the State of Texas for <br />assembling, storing, manufacturing, processing, or fabricating purposes ("goods-in-transit") which <br />property has been subject to taxation in the past; and <br /> <br />WHEREAS, Section 11.253(k) of the Act allows the City Council of the City of Schertz, <br />Texas (the "City"), by official action, to provide for the taxation of such goods-in-transit exempt <br />under Section l1.253(c) of the Act and not exempt under other law; and <br /> <br />WHEREAS, Section 11.253(k) of the Act requires the City Council of the City to take <br />official action before January 1 of the first tax year in which the City proposes to tax goods-in-transit; <br />and <br /> <br />WHEREAS, Section 11.253(k) of the Act further requires the City Council of the City to <br />conduct a public hearing as required by Section 1-n( d), Article VIII of the Texas Constitution, before <br />acting to tax the exempt property; and <br /> <br />WHEREAS, the City Council of the City, having conducted a public hearing on October 2, <br />2007 as required by Section 1-n(d), Article VIII of the Texas Constitution, is of the opinion that it is <br />in the best interests of the City to tax such goods-in-transit; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF SCHERTZ, TEXAS: <br /> <br />Section 1. Pursuant to Section 11.253(k) of the Act, the City shall taxgoods-in-transit, as <br />defined by Section l1.253(a)(2) of the Act. <br /> <br />Section 2. Goods-in-transit shall remain subject to taxation by the City until the City <br />Council of the City rescinds or repeals this Ordinance to tax goods-in-transit, or otherwise determines <br />that the exemption prescribed by Section l1.253(c) of the Act will apply to the City. <br /> <br />Section 3. The recitals contained in the preamble hereof are hereby found to be true, and <br />such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part ofthe <br />judgment and findings of the Council. <br /> <br />50023841.1 <br />