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03-02 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 03-02 AN ORDINANCE ESTABLISHING EXEMPTION TO AD VALOREM PROPERTY TAXES FOR ELDERLY RESIDENCE HOMESTEADS OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR AN EFFECTIVE DATE OF THE EXEMPTION; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council ("Town Council") of the Town of Prosper, Texas ("Town") has investigated and determined that it will be advantageous and beneficial to Prosper and its inhabitants to establish an exemption to ad valorem property taxes for elderly residence homesteads as set forth below. WHEREAS, the Texas Property Tax Code Section 11.13(d) authorizes the Town Council to establish an exemption to ad valorem property taxes for elderly residence homesteads. 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: Establishment of exemption to ad valorem property taxes for elderly residence homesteads. There is hereby created and established an exemption to ad valorem property taxes imposed by the Town of Prosper on elderly residence homesteads in the amount of dollars ($ t b� (>(� °O ). A person may not receive an exemption for more than one residence homestead, no matter where located, in the same year. SECTION 3: Definitions. (a) Elderly means an adult who is sixty-five (65) years of age or older. (b) Residence homestead has the same meaning as set forth in the Texas Property Tax Code Section 11.130)(1) as it currently exists or may be amended. SECTION 4: Effective Date of Exemption. This exemption shall become effective beginning with the 2003 tax year, and shall remain effective for each successive tax year until otherwise amended or repealed by the Town Council or other appropriate authority. SECTION 5: 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal CADocuments and Settings\AmberNy Documents\ORDINANCES\ORDINANCE 03-02.doc Page 1 prevent a prosecution from being commenced for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 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. 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, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 14TH day of January, 2003. J ES DUNM E, Mayor ATTESTED AND CORRECTLY R CO DED: WUPI jm"��- VBER PHILLIPS, Town Secretary APPROVED AS TO FORM: ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. Town Attorneys Date(s) of publication: Januaryll ,200-IMcKinney Courier Gazette. CADocuments and Settings\AmberWy Documents\ORDINANCES\ORDINANCE 03-02.doc Page 2 PTTBL=HER • S AFF'=DAV=T THE STATE OF TEXAS COUNTY OF COLLIN Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes and says that he is the Publisher of The McKinney Courier -Gazette and that said newspaper meets the requirements of Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit: Printer's Fee $ A5, 00 &�. No. 03 — Description: 1. It devotes not less than twenty-five percent (M ) of its total column lineage to general interest items; 2. it is published at least once each week; 3. it is entered as second-class postal matter in -the county where it is published; 4. it has been published regularly and continuously since 1897; and 5. it is generally circulated within Collin County. Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s) to wit; Jim Moser Editor and Publisher SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who a) is personally known to me, or 2003 AD b) provided the f wing evidence to establish his/her identity, on this the 3 day of A.D. 2003 o certify which witness my and and seal of office. Notary Pu ic, State of Texas (SEAL) COMMISSION EXPIRES LAVERNE GRAVES �� Notary Public, State Texas My Commission Expires ires ' 0 05-12-2005 Abe published in t1 McKinney Courier -Gazette on Wednesday, January 22, 2003 LEGAL NOTICE TOWN OF PROSPER,TEXAS ORDINANCE NO. 03-02 AN ORDINANCE ESTABLT5`HrN—tnEiViFTi 7 ' TO AD VALOREM PROPERTY TAXES FOR ELDERLY RESIDENCE HOMESTEADS OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR AN EFFECTIVE DATE OF THE EXEMPTION; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE PTION HEREOF. TOWN OF PROSPER, TEXAS ORDINANCE NO. 03-02 AN ORDINANCE ESTABLISHING EXEMPTION TO AD VALOREM PROPERTY TAXES FOR ELDERLY RESIDENCE I10MESTEADS OF THE TOWN OF PROSPER, TEXAS; PROVIDING fOR DEFINITIONS; PROVIDING FOR AN EFFECTIVE DATE OF THE EXEMPTION; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. To be published in the McKinney Courier -Gazette on Wednesday, January 22, 2003 LEGAL NOTICE TOWN OF PROSPER, TEXAS ORDINANCE NO. 03-02 AN ORDINANCE ESTABLISHING EXEMPTION TO AD VALOREM PROPERTY TAXES FOR ELDERLY RESIDENCE HOMESTEADS OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR DEFINITIONS: PROVIDING FOR AN EFFECTIVE DATE OF THE EXEMPTION; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.