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01-35 - O9 .051 16 02233 TOWN OF PROSPER, TEXAS ORDINANCE NO. 01-35 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS PROVIDING FOR THE EXEMPTION OF TAXATION OF TRAVEL TRAILERS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, § 11.142, Texas Tax Code, provides that the governing body of a municipality may exempt from taxation a travel trailer that a person owns if (1) on January 1 of the applicable tax year, the travel trailer is registered in this state in compliance with Chapter 502, Texas Transportation Code, and (2) the travel trailer is not held or used for the production of income; 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 exempt, in accordance with § 11.142, Texas Tax Code, travel trailers from taxation. 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: Exemption of Taxation of Travel Trailers. Prosper hereby declares that, pursuant to § 11.142, Texas Tax Code, travel trailers are exempt from taxation. 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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 on January 1, 2002. EXEMPTION OF TAXATION OF TRAVEL TRAILERS — Page 1 C:\Domnents and Settings\User\My DocumentsUrdinance No. 0 1-3 5 Travel Trailers.doc I 05116 02284 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 22°d day of January, 2002. JAMES DUNN41M Mayor ATTESTED AND CORRECTLY REC ED: 64111 AMBER PHILLIPS, Town Secretary DATE OF r-ebr u-ar y ; -7, 2WZ EXEMPTION OF TAXATION OF TRAVEL TRAH.ERS — Page 2 E:\ORDINANCE 01-35.doc P 76Zun Cr-f Ply fix` od Pyl 5-bi pncb�aet, Tu �s�;� 05116 02285 AN' ppOV1SIDN HBIEIN 4N IC B "ISSE THE of COLOR OR RACE 1SRINVAL DUSE i ANO OEECR;3ED R'AL PRD (CDUNn Of CDLLIN► UN4N'CEA"LL UNDER FEDERAL LAW on the date (THE STATE OF TEXAS) f1LED in the ill' Number SeCuence . . t hereby a,,;y lhai this instrumm t wee wes duly REcN DED. In the Oflrcral � 94 the time s1emP� h' eon by me; ode o1 Red property of Collin County. Texas on FEB 2 8 2002 Filed for Record in: Collin County, McKinney TX Honorable Helen Starnes Collin County Clerk On Feb 26 2002 At 11:42am Doc/Num : 2002- 0030305 Recording/Type:OR 13.00 Receipt #: 7614