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HomeMy WebLinkAbout2005-42Ordinance 2005-42 An Ordinance to Provide for the Implement of the 2004-2005 Changes to the Personal Property Tax Relief Act of 1998 ~~- Adopted: December 6, 2005 Effective: December 6, 2005 TOWN OF PULASKI, VIRGINIA ORDINANCE 2005-42 AN ORDINANCE TO PROVIDE FOR THE IMPLEMENTATION OF THE 2004-2005 CHANGES TO THE PERSONAL PROPERTY TAX RELIEF ACT OF 1998 WHEREAS, the Personal Property Tax Relief Act of 1998, Virginia Code § § 58.1-3523 et seq. ("PPTRA"), has been substantially modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session I (Senate Bi115005), and the provisions of Item 503 of Chapter 951 of the 2005 Acts of Assembly (the 2005 revisions to the 2004-2006 Appropriations Act, hereinafter cited as the "2005 Appropriations Act"); and WHEREAS, these legislative enactments require the Town ofPulaski, Virginia ("Town") to take affirmative steps to implemcnt these changes, and to provide for the computation and allocation of relief provided pursuant to the PPTRA as revised; and WHEREAS, these legislative enactments provide for the appropriation to the Town commencing in 2006, of a fixed sum to be used exclusively for the provision of tax relief to owners of qualifying personal use vehicles that are subj ect to the personal property tax ("PPT") on such vehicles, and provide the opportunity for the Town to fashion a program of tax relief that serves the best interests of its citizenry. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, as follows: § 1. Purpose; Definitions, Relation to other Ordinance. (a) The purpose of this Ordinance is to provide for the implementation of the changes to PPTRA effected by legislation adopted during the 2004 Special Session I and the 2005 Regular Session of the General Assembly of Virginia. (b) Terms used in this Ordinance that have defined meanings set forth in PPTRA shall have the same meanings as set forth in Virginia Code § 58.1-3523, as amended. (c) To the extent that the provisions of this Ordinance conflict with any prior Ordinance or provisions of the Town Code, this Ordinance shall control. § 2. Method of Comuuting and Reflecting Tax Relief. (a) For the tax years commencing in 2006, the Town adopts the provisions of Item 503.E of the 2005 Appropriations Act, providing for the computation of tax relief as a specific dollar amount to be offset against the total taxes that would otherwise be due but for the PPTRA and the reporting of such specific dollar relief on the tax bill. (b) The Council shall, by resolution, set the rate of tax relief at such a level that it is anticipated fully to exhaust PPTRA relief funds provided to the Town by the Commonwealth. (c) Personal property tax bills shall set forth on their face the specific dollar amount of relief credited with respect to each qualifying vehicle, together with an explanation of the general manner in which relief is allocated. § 3. Allocation of Relief among Taxnayers. (a) Allocation of PPTRA relief shall be provided in accordance with the general provisions of this section, as implemented by the specific provisions of the Town's annual budget relating to PPTRA relief. (b) Relief shall be allocated in such a manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of $1,000.00 or less. (c) Relief with respect to qualifying vehicles with assessed values of more than $1,000.00 shall be provided at a rate, annually fixed in the Town budget and applied to the first $20,000.00 in value of each such qualifying vehicle, that is estimated fully to use all available state PPTRA relief. The rate shall be established annually as a part of the adopted budget for the Town. § 4 Transitional Provisions. (a) Pursuant to authority conferred in Item 503.D of the 2005 Appropriations Act, the Town Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100 percent of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever earlier occurs. (b) Penalty and interest with respect to bills issued pursuant to subsection (a) of this section shall be computed on the entire amount of tax owed. Interest shall be computed at the maximum rate provided in the Town Code or as may be permitted by law from the original due date of the tax. This ordinance is effective upon adoption and is hereby adopted this 6`h day of December, 2005 by recorded vote of the Town Council of the Town of Pulaski as follows: Jeffrey S. Worrell -Aye Lane R. Penn -Aye Daniel Talbert, Jr. -Aye John T. Bolen -Aye Bettye H. Steger -Aye Joel B. Burchett, Jr. -Aye 2.