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ORD 2008-18TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-18 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES, ENTITLED "TAXATION', BY ADDING ARTICLE II ENTITLED "PENALTY FOR COLLECTION COSTS FOR DELINQUENT TAXES AND ASSESSMENTS"; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Property Tax Code, §33.07 provides that a taxing unit may impose an additional penalty to defray the costs of collection of delinquent property taxes that remain delinquent after July 1; and WHEREAS, the Texas Property Tax Code, §33.08, provides that a taxing unit may provide that taxes that become delinquent on or after June 1, under §§ 26.07, 26.15, 31.03, 31.031, 31.032, 31.04, incur an additional penalty to defray the costs of collection; and WHEREAS, the Texas Property Tax Code, §33.11, provides that a taxing unit may provide that taxes assessed against tangible Personal Property incur an additional penalty to defray the costs of collection if not paid within sixty days after the date that the taxes become delinquent; and WHEREAS, §§ 33.07, 33.08 and 33.11, provide that the amount of such additional penalty may not exceed the amount of compensation specified in the applicable contract with an attorney under §6.30 to be paid in connection with the collection of delinquent property taxes; and WHEREAS, Chapter 372, Texas Local Government Code provides for the creation of Public Improvement Districts (PID) by municipalities, and for the assessment and collection of Assessments by the municipality creating the PID; and WHEREAS, Chapter 372, Texas Local Government Code provides that any delinquent PID assessments may be collected at the same time and in the same manner as a delinquent property taxes due to the municipality; and WHEREAS, The Town of Trophy Club has established Trophy Club Public Improvement District Number 1 in accordance with Chapter 372, Texas Local Government Code; and 1 WHEREAS, The Town of Trophy Club has adopted a Service and Assessment Plan for the assessment and collection of PID assessments at the same time and in the same manner as delinquent property taxes; and WHEREAS, The Town Council of the Town of Trophy Club, Texas has determined that it is in the public interest to insure the prompt collection of delinquent property taxes and PID assessments and that the potential payment of penalties encourages timely payment. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Chapter 15 of the Code of Ordinances of the Town of Trophy Club, entitled "Taxation" is hereby amended to add Article II, entitled "Penalty For Collection Costs For Delinquent Taxes And Assessments", so that Article II shall be and read in its entirety as follows: "Article 11 Section 2.01. Penalty For Collection Costs For Delinquent Taxes And Assessments There shall be imposed on delinquent Town property taxes and delinquent Trophy Club Public Improvement District No. 1 assessments that become due or that are delinquent on the dates described in §§ 33.07, 33.08 and 33.11, Texas Property Tax Code, a penalty in the amount of compensation specified in the most recent contract entered into under §6.30, Texas Property Tax Code by the Town of Trophy Club, Texas, with McCreary, Veselka, Bragg & Allen, P.C. and Hayes, Berry, White & Vanzant, L.L.P. for the collection of delinquent property taxes and PID assessments, such amount not to exceed twenty percent (20%) of the amount of delinquent tax, penalty, and interest collected." SECTION 3. SAVINGS AND REPEALER 2 That this Ordinance shall be cumulative of all other Ordinances of the Town affecting taxation and collection of delinquent ad valorem taxes, assessments, and penalties and fees association with such collection and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. tel PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 21St day of July, 2008. Mayor, Nick San ers Town of Trophy Club, Texas ATTEST: T&krf Secretary, Lisa Hennek Town of Trophy Club, Texas R 0,0 [SEAL] _ r � m own Attorney, Patricia A. Adams ?GARY A \01 � Town of Trophy Club, Texas 0