01-34 - O. 05066 0412
TOWN OF PROSPER, TEXAS ORDINANCE NO. 01-34
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS PROVIDING
FOR THE CONTINUATION OF AD VALOREM TAXATION OF LEASED
MOTOR VEHICLES; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, § 11.252, Texas Tax Code, exempts, under certain circumstances, leased
motor vehicles from ad valorem taxation, unless the governing body of a municipality, by
ordinance adopted before January 1, 2002, provides for the continued taxation of leased motor
vehicles; and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas ("Prosper") to continue ad valorem taxation of leased vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Continuation of Ad Valorem Taxation of Leased Vehicles. Prosper hereby
declares that it will continue ad valorem taxation of leased motor vehicles which, according to
§ 11.252, Texas Tax Code, might otherwise be exempted after January 1, 2002.
SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, clause or phrase of this
Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full for
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Effective Date. This Ordinance shall become effective immediately upon
its passage.
TAXATION OF LEASED VEHICLES — Page 1
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05066 04723
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 1 lth day of December, 2001.
J S DUNMIRE, Mayor
ATTESTED AND CORRECTLY
REC RDED:
AMBER PHILLIPS,
Town Secretary
TAXATION OF LEASED VEHICLES — Page 2
C:\Documents and Settings\User\My Documents\Ordinance No. 01-34 Lease Vehicles.doc
My of Prosper
P.O. Box 307
Prosper, TX 7W78
05066 04724
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and tee bfm pi Coliln CouMY• texas on q
Records 01 Real PropettY O 1
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Filed for Record in:
Collin County, McKinney TX
Honorable Helen Starnes
Collin County Clerk
On Dec 14 2001
At 4:21pm
Doc/NLIM : 2001- 0161534
Recording/Type:OR 13.00
Receipt #: 41477