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<br /> <br /> <br /> <br />225. <br /> <br /> <br />ORDINANCE NO. 2001 - 88 <br /> <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS ADDING A NEW SECTION 78.079 OF THE CITY CODE TO PROVIDE <br />FOR THE CONTINUED AD VALOREM TAXATION OF LEASED VEHICLES; <br />INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR <br />PENALTIES. <br /> <br />RECITALS: <br /> <br />1. Senate Bill 248, passed by the 2001 Texas Legislature, enacted TEX. TAX CODE ANN. <br />Sll.252, which provides for a new exemption from ad valorem taxation for motor vehicles leased <br />for personal use. This statute also allows the governing body of a municipality by ordinance to <br />provide for the continued taxation of these vehicles. <br /> <br />2. The Hays County Appraisal District has estimated that the City will lose approximately <br />$21,700 in annual revenues if the new exemption is allowed to take effect. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. Section 78.079 of the City Code is added to read as follows: <br /> <br />Sec. 78.079. Taxation of leased vehicles. <br /> <br />In accordance with V.T.C.A, Tax Code, Sl1.252(f), the ad valorem taxation of motor vehicles <br />leased for personal use is continued in full force and effect within the city. <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held <br />to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in full force if they can be given effect without the invalid portion. <br /> <br />SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict <br />with this ordinance are repealed. <br /> <br />SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor <br />and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. <br /> <br />SECTION 5. This Ordinance will take effect 10 days after the date of its final passage, and <br />the City Secretary will publish notice of its adoption in a newspaper of general circulation in the <br />City. <br /> <br />PASSED AND APPROVED on first reading on NOVEMBER 26, 2001 <br /> <br />C:\TEMP\taxation of leased vehicles.doc <br />