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HomeMy WebLinkAbout1038 11-13-1990ORDINANCE NO. 1038 AN ORDINANCE REVISING AND INCREASING THE RATE OF INTEREST ACCRUING ON DELINQUENT AD VALOREM TAXES OF THE CITY OF EULESS, TEXAS; PROVIDING FOR PUBLICATION; PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 33.01 of the Texas Property Tax Code provides for and authorizes a rate of interest on delinquent ad valorem taxes of the City of Euless, Texas, of one percent (1 %) for each month or portion of a month the tax remains unpaid; and WHEREAS, the City of Euless has provided for an interest rate not to exceed nine percent (9 %) per annum on unpaid delinquent ad valorem taxes of the city; and WHEREAS, to better assure the proper and timely collection of delinquent ad valorem taxes and to fully compensate the city to the extent authorized by law for the loss of the use of the funds represented by such delinquencies, it is the desire of the City Council of the City of Euless, Texas, to increase, to the maximum rate allowed by law, the interest accruing upon such delinquent accounts and to make same retroactive to the date of such delinquency. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. In addition to the penalty currently provided by law and ordinances of the City of Euless, Texas, there is additionally imposed, levied and assessed on all unpaid ad valorem taxes due the City of Euless from and after January 31 of the year following the levy and assessment of such taxes interest at the rate of one percent (1%) for each month or any part thereof that such delinquent taxes shall remain unpaid. II. The interest rate hereinabove provided shall apply to all ad valorem taxes of the City of Euless delinquent and unpaid from and after January 31, 1982, and unpaid from and after the effective date hereof. III. Publication. This ordinance shall be published in full as prescribed by the Charter and the laws of the State of Texas in the same manner as provided for penal ordinances of the city. IV. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. V. This ordinance shall become effective on January 1, 1991. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 23rd day of October 1990; by a vote of 5 ayes, 0 nays, and 5 abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the 13th day of November 1990; by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: Q' 04! X-56/ns'�� Harold Samuels, Mayor ATTEST: rusan Crim, ity Secretary APPWVED AS TO McFarland, City Attorney MRM:0187a: ms1:101090 ORDINANCE NO. 1038 TAX INTEREST RATE DELINQUENCY ORDINANCE Page 2