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Ord. 1206B - 2008-06-09ORDINANCE NO. 1206B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 28, TAXATION, SECTION 28-1.1.(a), HOMESTEAD EXEMPT/ON OF THE PEARLAND CODE OF ORDINANCES, BY ADDING A GENERAL RESIDENTIAL HOMESTEAD EXEMPTION FOR PROPERTY OWNERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; A SAVINGS CLAUSE; A REPEALER CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Sectionl. That Section 28-1.1., Homestead Exemption of the Pearland Code of Ordinances is hereby amended to read as follows: (a) From and after January 1, 2008, 2.5% of the assessed value a residential homestead shall be exempt from City taxation of real property. If the exemption granted produces an exemption of less than $5,000.00, the individual property owner shall be entitled to an exemption of $5,000.00 of the assessed value of the residential homestead. "(b) From and after January 1, 2006, forty thousand dollars ($40,000.00) of the assessed value of residence homesteads of the owner or owners who have attained the age of sixty-five (65) years or older or who are under a disability for purposes of payment of disability insurance benefits under Federal Old -Age, Survivors, and Disability Insurance or its successor, shall be exempt from all taxation as authorized by V.T.C.A., Tax Code, § 11.13; provided, however, that where the ad valorem tax has heretofore been pledged for the payment of any debt, the taxing officers of the city shall have the authority to continue to levy and collect the tax against the homestead property at the same rate as the tax so pledged until the debt is discharged if the cessation of the levy would impair the obligation of the contract by which the debt was created." ORDINANCE NO. 1206B (c) Any exemption granted pursuant this section shall apply to persons who comply with all the qualifications or requirements of state law for receiving such exemptions. Section 2. Declaration of Emergency. The Council finds and determines that the need to regulate taxes inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 3. Savings_ All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Sections. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 6. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 7. Publication and Effective Date_ The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then 2 ORDINANCE NO. 1206B become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED, APPROVED and ADOPTED on FIRST and ONLY Reading this the 9th day of June, A.D., 2008. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY c4'N/ TOM REID MAYOR VOTING RECORD FIRST AND ONLY READING JUNE 9, 2008 Voting "Aye" - Councilmembers Owens, Saboe, Beckman Kyle, and Cole. Voting "No" — None. Motion passed 5 to O. PUBLICATION DATE: June 11, 2008 EFFECTIVE DATE: June 20, 2008 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND. TEXAS 3 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended. was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / . issues, as follows: No. / Date 44/ 200g No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this l' 20� LAURA ANN EMMONS MotarV Public, State of Te 4 My Commission. Expires 0' day of Laura Ann Emmons, Publisher Notary Public, State of Texas Ocf A\iU . taoL„ Published June 11, 2008 ORDINANCE NO. 1206 - . - - —F--• AN ORDINANCE OF THE, CITY COUNCIL OF THE CITY OF • PEARLAND,1 , TEXAS, AMENDING - CHAPTER 28, TAXA- -1 TION, SECTION 28- 1.1:(a), HOMESTEAD EXEMPTION OF THE. . ; PEARLAND CODE OF ORDINANCES, BY ADDING A GENERAL RESIDENTIAL HOME- STEAD EXEMPTION • FOR PROPERTY OWN- ERS; PROVIDING THAT; THIS ORDINANCE' SHALL BE CUMULATIVE OF ALL ORDINANCES;• PROVIDING A SEVER- ABILITY CLAUSE; A SAV- INGS CLAUSE; A REPEALER CLAUSE; DECLARING AN EMER-, GENCY AND PROVID= ING AN EFFECTIVE DATE. • PASSED and APPROVED on First and Only Reading this the 9th day -of -June, A.D., 2008. TOM REID ti MAYOR ATTEST: YOUNG TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY LORFING, VOTING RECORD FIRST AND ONLY READING June 9, 2008 Voting "Aye" - Councilmembers Owens, Saboe, • Beckman,: Kyle and Cole. Voting "No" - None. Motion passed 5, to 0. • PUBLICATION DATE; June 11, 2008 EFFECTIVE - -- DATE: June 20, 2008 PUBLISHED -AS ' REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS - -