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HomeMy WebLinkAbout485 04-22-1975ORDINANCE NO. 485 AN ORDINANCE PROVIDING FOR AND ESTABLISH- ING THE RATE OF PENALTY AND INTEREST APPLICABLE TO DELINQUENT AD VALOREM TAXES OF THE CITY OF EULESS, TEXAS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMER- GENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, heretofore the penalty and interest assessed upon delinquent ad valorem taxes was prescribed by Section 6 of Article IX of the Charter of the City of Euless, and WHEREAS, by appropriate election, the voters of the City of Euless did on the 19th day of April, 1975, amend such section of the Euless Charter to vest in the City Council the responsibility and authority for determining and prescribing the rate of interest and penalty upon delinquent ad valorem taxes, and WHEREAS, the Euless City Council, pursuant to such mandate desires to establish and prescribe the rate of interest and penalty applicable to delinquent ad valorem taxes due the City of Euless, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. All ad valorem taxes levied by the City of Euless shall be deemed and become delinquent, if not paid prior thereto, on February 1st of the year following assessment. II. Such delinquent ad valorem taxes from the effective date hereof through June 30, 1975, shall be subject to penalty at the rate of one per cent (1 %) per month from date of initial delinquency through June 30th of the year in which such delinquency first occurred and on and after the first day of July of such year, the penalty shall remain fixed at eight per cent (8%) of the taxes due which eight per cent (8%) rate shall continue until such taxes be paid or such penalty be increased as provided in Article III hereof, whichever shall first occur. In addition to the penalty above prescribed in this article, such delinquent taxes shall also bear interest at the rate of one -half per cent (1/2%) per month from date of initial delinquency up to a maximum penalty interest rate of six per cent (6%) per annum from the original delinquent date, which six per cent (6%) rate shall continue until such taxes, penalty interest and costs be paid or until such interest rate be increased as hereinafter provided, whichever shall first occur. III. All ad valorem taxes delinquent on July 1, 1975, shall, from and after such date, be subject to a penalty of twelve per cent (12 %) of the taxes then due. In addition to such twelve per cent (12 %) penalty herein prescribed, such delinquent ad valorem taxes from and after July 1, 1975, shall additionally bear interest at the rate of nine per cent (9%) per annum from such date until such delinquent taxes and the applicable penalty and interest, together with any applicable costs be paid in full. IV. All ad valorem taxes becoming first delinquent after July 1, 1975, shall be subject to penalty at the rate of two per cent (2 %) per month through June 30th of the year of first delin- quency, and on and after the first day of July of such year of first delinquency, the penalty shall be and thereafter remain fixed at twelve per cent (12 %) of the taxes due, which twelve per cent (12 %) shall be the maximum penalty for such delinquency. In addition to the penalty above prescribed in this article, all ad valorem taxes becoming first delinquent after July 1, 1975, shall bear interest from date of delinquency at the rate of three - fourths per cent (3/4%) per month for each month of delinquency up to a maximum interest rate of nine per cent (9 %) per annum, which nine per cent (9 %) rate shall be the maximum interest rate applicable to such delinquent taxes per annum, in addition to the penalty rate hereinbefore described in this article. M This Ordinance shall become effective from and after its date of enactment. Lt" The provisions of this Ordinance shall be, and they are, declared to be severable, and should any portion thereof be declared to be invalid for any reason by a court of competent jurisdiction, such holding shall not effect the remaining portions hereof. -2- VII. The fact that the enactment of this Ordinance is necessary to preserve the public business, peace, health, safety and general welfare, creates an urgency and an emergency in the immediate preservation of same, and requires that this Ordinance shall take effect immediately from and after its passage and publication as required by law. APPROVED and ADOPTED on first and final reading on the 22nd day of April, 1975, at a regular meeting of the City Council of the City of Euless, Texas. APPROVED: Harold Samuels, Mayor ATTEST: Au City Secretary APPROVED AS TO FORM: -3-