ORD 2003-21TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2003-21
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, ESTABLISHING AN AD VALOREM TAX LIMITATION, AS
AUTHORIZED AND DEFINED BY THE TEXAS CONSTITUTION, ARTICLE
VIII, SECTION 1-b, AND TEXAS TAX CODE SECTION 11.261, ON
RESIDENTIAL HOMESTEADS OF THE DISABLED AND PERSONS SIXTY-
FIVE (65) YEARS OF AGE OR OLDER AND THEIR SPOUSES; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING DEFINITIONS
PURSUANT TO ARTICLE VHI, SECTION 1-b, SUBSECTION (h) OF THE
TEXAS CONSTITUTION; PROVIDING A RESIDENCE HOMESTEAD
EXEMPTION LIMITATION; EXTENDING THE RESIDENCE HOMESTEAD
LIMITATION TO SURVIVING SPOUSES; PROVIDING THAT THE
LIMITATION IS IRREVOCABLE; PROVIDING A CUMULATIVE REPEALER
CLAUSE, PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, on September 13, 2003, H. 7, R. No. 16, known as Proposition 13, was
passed by the voters of the State of Texas, and amended Section 1-b, Article VIII of the Texas
Constitution by adding a new Subsection (h);
WHEREAS, such amendment authorizes cities to provide for an ordinance whereby
homestead Ad Valorem property taxes may not be increased for disabled or elderly persons upon
reaching 65 years of age;
WHEREAS, such amendment authorizes cities to further provide for the extension of
such provisions to surviving spouses of elderly persons if such surviving spouse is 55 years of
age or older at the time of the elderly persons death;
WHEREAS, such amendment requires that, once authorized, such exemption or freeze
may not be repealed; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas, finds that this
ordinance establishing such exemption or freeze is in the best interest of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
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SECTION 2.
DEFINITIONS
The terms "elderly", "disabled", and "surviving spouse" shall be defined herein in
accordance with Article VIII, Section I -b, Subsection (h) of the Texas Constitution.
SECTION 3.
RESIDENCE HOMESTEAD EXEMPTION LIMITATION
A person who is disabled or who is sixty-five (65) years of age or older
("elderly") shall receive a residence homestead exemption prescribed or authorized by
Article VIII, Section I -b, Subsection (h) of the Texas Constitution. For such persons, the
total amount of ad valorem taxes imposed by the Town of Trophy Club shall not be
increased while it remains the residence homestead of that person or that person's spouse
who is disabled or sixty-five (65) years of age or older and receives a residence
homestead exemption on the homestead.
SECTION 4.
LIMITATION EXTENDED TO SURVIVING SPOUSES
If a disabled person or an elderly person dies in a year in which the person
received a residence homestead exemption prescribed by this ordinance or any other
ordinance, the total amount of ad valorem taxes imposed by the Town of Trophy Club,
Texas, may not be increased while it remains the residence homestead of that person's
surviving spouse if the surviving spouse is fifty-five (55) years of age or older at the time
of the persons death.
SECTION 5.
LIMITATION MADE IRREVOCABLE
The tax limitation established by this Ordinance may not be repealed and is
hereby made irrevocable.
SECTION 6.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with this Ordinance. Provided,
however, that any complaint, action, claim or lawsuit which has been initiated or has
arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance
shall continue to be governed by the provisions of that Ordinance and for that purpose the
Ordinance shall remain in full force and effect.
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SECTION 7.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional' by a Court of competent jurisdiction, such holdings shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 8.
SAVINGS CLAUSE
That all rights and remedies of the Town of Trophy Club are expressly saved to
any and all violations of the provisions of any Ordinance regarding tax rates which have
accrued at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the
minutes of the Town Council and by filing this Ordinance in the Ordinance records of the
Town.
SECTION 10.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Govemment Code.
SECTION 11.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED ON THIS 3rd DAY OF NOVEMBER, 2003.
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Effective Date:
[SEAL]
ATTEST:
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Town ecretary
Town of Trophy lub, Texas
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APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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