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ORD 2001-19TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2001-19 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 0.88-21, ADOPTING AN EXEMPTION FROM THE TOWN'S AD VALOREM TAX FOR PERSONS 65 YEARS OF AGE OR OLDER IN THE AMOUNT OF $25,000.00; ESTABLISHING NEW PROVISIONS FOR AN EXEMPTION FROM THE TOWN'S AD VALOREM TAXES FOR PERSONS 65 YEARS OF AGE OR OLDER; INCREASING THE AMOUNT OF SUCH EXEMPTION TO $35,000.00; ESTABLISHING AN EFFECTIVE TAX YEAR DATE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SAVINGS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is empowered under Tex. Tax Code Ann. §11. 13 (d) (Vernons 2000), as amended, (the "Tax Code") to adopt an exemption from the Town's ad valorem tax for persons who are sixty-five (65) years of age or older; WHEREAS, on September 26, 1988, the Town enacted Ordinance No. 0.88-21, adopting an exemption from the Town's ad valorem tax for persons sixty-five (65) years of age or older in the amount of twenty-five thousand dollars ($25,000.00); and WHEREAS, it is the desire of the Town to repeal Ordinance No. 0.88-21 in its entirety and establish new provisions authorizing an exemption from the Town's ad valorem taxes for persons sixty-five (65) years of age or older in accordance with the conditions specified in § 11 of the Tax Code, as amended, and increasing the amount of such exemption to thirty-five thousand dollars ($35,000.00); and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREAMBLE The above and foregoing preamble is incorporated into the body of this Ordinance as if copied herein in its entirety. SECTION 2. EXEMPTION In accordance with the provisions of § 11 of the Tax Code, there is hereby established an exemption from taxation for a portion of the appraised value of the residence homestead of all persons who are sixty-five (65) years of age or older. An exemption in the amount of thirty-five ORD 2001-19 1 thousand dollars ($3 5,000.00) of the appraised value of a qualifying person's residence homestead is hereby adopted. SECTION 3. EFFECTIVE TAX YEAR That the exemption from taxation adopted hereby shall be effective as of the date of this Ordinance, shall begin with the tax year 2002, and shall continue for all subsequent tax years unless repealed, decreased or increased in accordance with §11 and/or other applicable provisions of the Tax Code. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding 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 ofthe Ordinance despite such invalidity, which remaining portions shall remain in full force. SECTION 5. 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; provided however, that Ordinance No. 0.88-21 is hereby repealed. 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 Ordinance No. 0.88-21 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other ordinances affecting ad valorem taxes which have secured 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. ORIS 2001-19 SECTION 7. 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 and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION S. EFFECTIVE DATE This Ordinance shall be become effective from and after its date of passage and publication in accordance with law, and it is so ordained. PASSED AND APPROVED by theTowfCCo' ncil of thh n of Trophy Club, Texas, this the 27°` day of August 2001. � l ATTEST: Town Secret Town ofTro [SEAL] Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas own of TWhy Club, Texas ORD 2001-19 3