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ORD 1994-15TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 4 -15 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995, AND FOR EACH FISCAL YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT A RATE OF $ .4261 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN AS OF JANUARY 1, 1994; DIRECTING THE ASSESSMENT THEREOF TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT OPERATION AND MAINTENANCE EXPENSES AND INDEBTEDNESS OF THE TOWN; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") hereby finds that the tax for the fiscal year beginning October 1, 1994 and ending September 30, 1995, hereinafter levied for current expenses of the Town and the general improvements of the Town and its property, must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the Town Council has approved on the 6th day of September, 1994, the budget for the fiscal year beginning October 1, 1994 and ending September 30, 1995; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been completed in due and correct time, including providing notice of and conducting a public hearing regarding the ad valorem tax levied hereby. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That there be and is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 1994 and ending September 30, 1995, and for each fiscal year thereafter until otherwise provided, on all taxable property, real, personal and mixed, situated within the corporate limits of the Town of Trophy Club, Texas on January 1, 1994, and not exempted by the Constitution of the State, valid State laws or this ordinance, a tax of $ .4261 on each One Hundred Dollars ($100.00) assessed value of taxable property, which shall be apportioned and distributed as follows: DOC A 197608 -1- (a) For the purpose of defraying the maintenance and operation expenses of the Town, a tax of $ .3361 on each One Hundred Dollars ($100.00) assessed value of all taxable property. (b) For the purpose of the payment of principal and interest on the debt of the Town, a tax of $ .09 on each One Hundred Dollars ($100.00) assessed value of all taxable property. Section 2. That all ad valorem taxes shall become due and payable on October 1, 1994, and all ad valorem taxes shall become delinquent after January 31, 1995. There shall be no discount for payment of taxes on or prior to January 31, 1995. A delinquent tax shall incur all penalty and interest authorized by law, Section 33.01 of the Texas Property Tax Code, as amended, to wit: a penalty of 6% of the amount of the tax for the first calendar month the tax is delinquent plus 1% for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. Provided, however, a tax delinquent on July 1 incurs a total penalty of 12% of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of 1% for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 1995 incur an additional penalty of 15% of the amount of taxes, penalty and interest due; such additional penalty is to defray the costs of collection due pursuant to the contract with the Town's attorney authorized by Section 6.30 of the Texas Property Tax Code, as amended. Section 3. Taxes shall be payable in full at the office of the Town Assessor/Collector, 100 Municipal Drive, Trophy Club, Texas 76262. The Town shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this Ordinance. Section 4. All delinquent taxes shall bear interest as provided by State law, in addition to the penalties. Section 5. That any and all ordinances, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of the conflict herewith. Provided, further, that to the extent that this Ordinance may conflict with State law, the State law shall control. Section 6. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and 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 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 of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. That this Ordinance shall become effective from and after its date of adoption and publication as required by law. DOC #: 197609 -2- PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 3 n + h day of a p p + m m h p , 1994. or, Town of Trophy Clijbjexas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAT.] APPROVED AS TO FORM: Town At arney, Town of Trophy CIub, Texas DOC #: 197608 -3-