HomeMy WebLinkAboutOrdinance 19357-09-2010ORDINANCE NO 19357-09-2010
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF
AN ANNUAL AD VALOREM TAX ON ALL PROPERTY, REAL,
PERSONAL AND MIXED SITUATED WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF FORT WORTH TEXAS, AND ALL
PERSONAL PROPERTY OWNED IN SAID CITY OF FORT WORTH
TEXAS ON THE FIRST DAY OF JANUARY A D 2010 EXCEPT
SUCH PROPERTY AS MAY BE EXEMPT FROM TAXATION BY THE
CONSTITUTION AND LAWS OF THE STATE OF TEXAS AND
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING A
SAVINGS CLAUSE FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE AND
PROVIDING FOR THE PUBLICATION AND FINAL PASSAGE
THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH
TEXAS
SECTION I
There is hereby levied adopted and shall be collected by the
City of Fort Worth Texas as provided by law, an annual ad
valorem tax for the year 2010 at the rate of $0 8550 on every one
hundred dollar ($100 00) valuation on all property real personal
and mixed situated in, and all personal property owned in, the
City of Fort Worth, Texas on the first day of January A D 2010,
liable under the law to taxation and not exempt therefrom by the
Constitution and laws of the State of Texas The ad valorem tax
rate is divided into a maintenance and operation levy of $0 7109
for general fund operations and a debt levy of $0 1441 for
servicing outstanding debt obligations
SECTION II
The debt portion of the tax levy which is hereinbefore made
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is to provide for the payment of interest and to create a
redemption fund to discharge and pay principal and interest on any
general obligations due or owing by the City of Fort Worth, Texas,
and shall not be taken as an addition to levies for the same
purpose in the respective ordinances authorizing and creating such
obligations but the levy hereinbefore made is made pursuant to
and for the purpose of carrying out and complying with the
provisions of said prior ordinances The General Debt Service
Fund shall receive payment of sixteen and eighty-five hundredths
percent (16 850) of the current taxes collected
SECTION III
The taxes provided for herein are levied upon all taxable
property, real, personal and mixed, situated in and all personal
property owned in the City of Fort Worth, Texas as assessed
valued and described in the assessment tax rolls and the tax books
of the City of Fort Worth Texas for the year 2010 and any
supplemental assessments thereof, as the same have been or shall
be presented to the City Council of the City of Fort Worth, Texas
by the Assessor and Collector of Taxes of said City of Fort Worth,
Texas
SECTION IV
The taxes provided for herein are due on receipt of a tax
bill and are delinquent if not paid before February 1, 2011
Unless otherwise specifically set forth by law failure to send or
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receive the tax bill shall not however, affect the validity of
the taxes penalty or interest herein imposed, the due date the
existence of a tax lien or any procedure instituted to collect
such taxes penalty or interest
SECTION V
If a person pays one-half of the taxes required to be paid by
virtue of this Ordinance before December 1, 2010 he or she may
pay the remaining one-half of such taxes without penalty or
interest at any time before July 1 2011
SECTION VI
(a) A delinquent tax incurs a penalty of six percent (6%)
of the amount of the tax for the first calendar month it is
delinquent plus one percent (1%) for each additional month or
portion of a month the tax remains unpaid prior to July 1 2011
However a tax delinquent on July 1 2011, incurs a total penalty
of twelve percent (120) of the amount of the delinquent tax
without regard to the number of months the tax has been
delinquent
(b) If a person who exercises the split payment option
provided by Section V above fails to make the second payment
before July 1 2011 the second payment is delinquent and incurs a
penalty of twelve percent (120) of the amount of the unpaid tax
SECTION VII
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In addition to the penalty set out above a delinquent tax
accrues interest at a rate of one percent (10) for each month or
portion of a month the tax remains unpaid Said interest of one
percent (10) per month shall be added to said taxes in the event
the payment thereof shall become delinquent as above set forth,
and said interest shall attach on the first day of each month
thereafter until the taxes shall have been paid which interest
and the penalty provided for above shall be and become a part of
said taxes and be payable as such
SECTION VIII
A tax that becomes delinquent on or after February 1, 2011,
but not later than May 1 2011, and that remains delinquent on
July 1, 2011, shall incur an additional penalty of twenty percent
(200) of the amount of the delinquent tax penalty and interest to
defray costs of collection Such twenty percent (200) penalty and
collection procedures are imposed pursuant to Sections 6 30 and
33 07 of the Property Tax Code and are in addition to the other
penalties and interest which are due and owing according to law
SECTION IX
A tax that becomes delinquent on or after June 1 2011
under Section 26 07 (f) 26 15(e) 31 03 31 031, 31 032 or 31 04
of the Tax Code shall incur an additional penalty of twenty
percent (20%) of the amount of taxes penalty and interest due
to defray costs of collection, pursuant to Section 33 08 of the
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Property Tax Code Such additional penalty is in addition to the
other penalties and interest which are due and owing according to
law
SECTION X
A tax imposed on tangible personal property that becomes
delinquent on or after February 1 2011 shall incur an additional
penalty of twenty percent. (200) pursuant to Property Tax Code
Section 33 11, on the later of the date the tax becomes subject to
the outside attorney collection contract of Section 6 30 of the
Tax Code or 60 days after the date the taxes become delinquent
Such additional penalty is in addition to the other penalties and
interest which are due and owing according to law
SECTION XI
Such taxes penalty and interest shall be and become a lien
upon the property on which the taxes are levied as prescribed by
the Charter of th e City of Fort Worth, Texas, and the laws of the
State of Texas and such lien shall be and is hereby made a
paramount first and superior lien to all other liens whatsoever
on the property on which said taxes are levied
SECTION XII
Should any part portion section or part of a section of
this ordinance be declared invalid or inoperative or void for any
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reason by a court of competent jurisdiction such decision
opinion or judgment shall in no way affect the remaining portions
parts sections or parts of sections of this ordinance which
provision shall be, remain and continue to be in full force and
effect
SECTION XIII
That all ordinances for which provisions have heretofore been
made are hereby expressly repealed if in conflict with the
provisions of this ordinance
SECTION XIV
This ordinance shall take effect and be in full force and
effect from and after the date of its passage and publication as
required by the Charter of the City of Fort Worth and it is so
ordained
APP VED AS TO FORM AND LEGALITY
G
City Attorney
Introduced on First Reading
August 17, 2010
Adopted September 21, 2010
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