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ORD 2014-31TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-31 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015, AND FOR EACH FISCAL YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT A RATE OF $0.49 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN; DIRECTING THE ASSESSMENT THEREOF TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT OPERATION AND MAINTENANCE EXPENSES AND INDEBTEDNESS OF THE TOWN; APPROVING THE TAX RATE AND LEVY AND NOTIFYING THE PUBLIC THAT THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; PROVIDING FOR PAYMENT TO THE TOWN ASSESSOR/COLLECTOR; PROVIDING FOR PENALTY AND INTEREST; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING 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, 2014, and ending September 30, 2015, 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 23rd day of September 2014, the budget for the fiscal year beginning October 1, 2014, and ending September 30, 2015; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been completed in due and correct time. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. APPROVING THE TAX RATE AND LEVY There is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 2014, and ending September 30, 2015, and for each fiscal year thereafter until otherwise provided, on all taxable property, real, personal and ORD 2014-31 Page 1 of 4 mixed, situated within the corporate limits of the Town of Trophy Club, Texas, and not exempted by the Constitution of the State, valid State laws or this ordinance, a tax of $0.49 on each One Hundred Dollars ($100.00) assessed value of taxable property, which shall be apportioned and distributed as follows: (a) For the purpose of defraying the maintenance and operation expenses of the municipal government of the Town, a tax of $0.38 (previously $0.3843) on each One Hundred Dollars ($100.00) assessed value of all taxable property; and (b) For the purpose of the payment of principal and interest on the debt of the Town, a tax of $0.11 (previously $.1150) on each One Hundred Dollars ($100.00) assessed value of all taxable property. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. SECTION 2. DUE DATE AND DELINQUENCY DATE All ad valorem taxes shall become due and payable on October 1, 2014, and all ad valorem taxes shall become delinquent after January 31, 2015. There shall be no discount for payment of taxes on or prior to January 31, 2015. 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 six percent (6%) of the amount of the tax for the first calendar month the tax is delinquent plus one percent (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 twelve percent (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 one percent (1%) for each month or portion of a month the tax remains unpaid. Taxes that become delinquent on or after February 1, 2015, but not later than May 1, 2015, that remain delinquent on July 1, 2015, incur an additional penalty of fifteen percent (15%) of the amount of taxes, penalty and interest due. Taxes that become delinquent on or after June 1, 2015 and for which split payment has been allowed under Section 31.03, 31.031, 31.032, or 31.04 of the Texas Property Tax Code and for which the taxpayer fails to make the second payment before July 1, incur an additional penalty of fifteen percent (15%) of the amount of unpaid tax. All such additional penalties in excess of a percentage specified by the Texas Property Tax Code are to defray the costs of collection due pursuant to the contract with the Town's legal counsel as authorized by Section 6.30 of the Texas Property Tax Code, as amended. ORD 2014-31 Page 2 of 4 SECTION 3. DENTON COUNTY TAX ASSESSOR/COLLECTOR Taxes shall be payable in full at the office of the Denton County Tax Office, 1505 E. McKinney, P.O. Box 90223, Denton, Texas 76202. 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. PENALTY AND INTEREST All delinquent taxes shall bear interest as provided by State law, in addition to the penalties set forth herein. SECTION 5. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of the Ordinances of the Town, except when the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 6. SAVINGS CLAUSE All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of any other ordinance 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 court. SECTION 7. SEVERABILITY CLAUSE The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, article, 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 or 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. ORD 2014-31 Page 3 of 4 SECTION 8. PUBLICATION CLAUSE The Town Secretary is hereby directed to publish the Caption, Penalty, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. SECTION 10. EFFECTIVE DATE This ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 23rd day of September, 2014. -C �1op, OC. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST:q,`'g APPROVED AS TO FORM: �t1 � y Tam y Ard,own Secretary Patricia A. Adams, Town Attorney Town of Troiy Club, Texas Town of Trophy Club, Texas ORD 2014-31 Page 4 of 4