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07-104 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 07-104 TOWN OF PROSPER , TEXAS ORDINANCE RELATING TO APPROVAL OF TAXATION OF GOODS-IN-TRANSIT THAT ARE OTHERWISE EXEMPTED FROM TAXATION BY PROPERTY TAX CODE SECTION 11.253 WHEREAS, the Texas Legislature during the 801h Regular Session passed House Bill 621 which added Section 11.253 to the Texas Property Tax Code that grants an exemption from property taxation for certain goods-in-transit personal property; WHEREAS, Section 11.253 of the Texas Property Tax Code provides for a local option under which a taxing unit may tax such property otherwise exempt, if the governing body of such taxing unit after a public hearing takes official action to tax such personal property; WHEREAS, on December 11, 2007 the governing body of the Town of Prosper held a public hearing at which members of the public were permitted to speak for or against the taxation of certain goods-in-transit personal property; WHEREAS, the governing body of the Town of Prosper has determined that such personal property, as exempted by Texas Property Tax Code Section 11.253, should be subject to taxation by the Town of Prosper for tax year 2008 and all subsequent years; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: all of the above recitals are incorporated and made a part of this Ordinance and, SECTION 2: all such goods-in-transit personal property as covered by Texas Property Tax Code Section 11.253 shall be, and are hereby declared to be, taxable by the Town of Prosper for tax year 2008 and for every year thereafter, all as provided for and in accordance with Texas Property Tax Code Section 11.253. SECTION 4: Severabilitv. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 11`h DAY OF DECEMBER, 2007. aAes&iswanger, MIYyor ATTESTED TO AND CORR C NVIthew Denton 17:rMC Town Secretary DATE OF PUBLICATION. Dj0'FG'6rN6z% 012 0=7 Dallas Morning News—Collin County Edition ♦� 0 F p Rod/ m v +!i o a ♦ � � 0 9 m► ♦ % o ro- e � rEx As