HomeMy WebLinkAboutResolution No. 07-103
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 07-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, TO PROVIDE FOR THE TAXATION OF GOODS-IN-
TRANSIT OTHERWISE EXEMPT UNDER THE TEXAS TAX CODE} AND
NOT OTHERWISE EXEMPT UNDER OTHER LAW; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas has the local option to elect to tax goods-in-
transit under the TEXAS PROPERTY TAX CODE, Tangible Personal Property in Transit, Section 11-
253; and
WHEREAS, the City of The Colony City Council, after hearing held in accordance with
state law, is of the opinion and finds that such goods-in-transit should not be exempt from taxation;
and
WHEREAS, the City Council has determined that it is in the best interest of the citizens of
The Colony, Texas, to tax said goods-in-transit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, AS FOLLOWS: .
SECTION 1. For the purposes of this resolution the following definitions shall apply:
(a) "Goods-in-transit" shall mean tangible personal property that:
(1) is acquired in or imported into this state to be forwarded to another location in
this state or outside this state;
(2) is detained at a location in this state in which the owner of the property does not
have a direct or indirect ownership interest for assembling, storing,
manufacturing, processing, or fabricating purposes by the person who acquired or
imported the property;
(3) is transported to another location in this state or outside this state not later than
1 7 5 days after the date the person acquired the property in or imported the
property into this state; and
(4) does not include oil, natural gas, petroleum products, aircraft, dealer's motor
vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy
equipment inventory, or retail manufactured housing inventory.
I Chapter 11, Section 11.253 of the Texas Tax Code
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(b) "Location" means a physical address.
(c) "Petroleum product" means a liquid or gaseous material that is an immediate derivative
of the refining of oil or natural gas.
SECTION 2. The City of The Colony, Texas, does hereby determine that goods-in-transit,
as defined herein, which are not otherwise exempt under state law, will be subject to the personal
property tax as imposed under the TEXAS TAX CODE in conformity with House Bill 621 as enacted
by the 80th Texas Legislature in its regular session.
SECTION 3. That this Resolution shall remain in effect until revoked by the City Council
or otherwise provided by state law.
SECTION 4. That this Resolution shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of The Colony, Texas, this the 3rd day of
December. 2007.
APPROVED:
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ATTEST:
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