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HomeMy WebLinkAboutRes 2010-02 Providing a penalty to collect delinquent property taxesCity of West University Place Harris County, Texas RESOLUTION NO. 2010-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AMENDING RESOLUTION NO. 2003-27, APPROVED AND ADOPTED ON NOVEMBER 10, 2003, FOR THE PURPOSE OF PROVIDING FOR A PENALTY TO DEFRAY COSTS OF COLLECTING DELINQUENT PROPERTY TAXES PURSUANT TO THE TEXAS PROPERTY TAX CODE, SECTIONS 33.07 AND 33.08, FOR THE PURPOSE OF ADDING THE PROVISIONS OF SECTION 33.11 OF THE TEXAS PROPERTY TAX CODE TO SAID RESOLUTION. WHEREAS, it has been and remains the longstanding policy of the City of West University Place, Texas (the "City"), that the expenses of collecting delinquent taxes owed to the City should not constitute an unfair burden on the general revenue and on the taxpayers who pay in a timely fashion and should be borne, instead, by the delinquent properties and their owners who are responsible for causing such expenses; and WHEREAS, since November 10, 2003, the City has contracted with Linebarger Goggan Blair & Sampson L.L.P., for the purpose of collecting delinquent taxes and all related penalties and interest owing to the City; and WHEREAS, pursuant to the provisions of the Texas Property Tax Code, Section 6.30, the City has contracted to compensate its delinquent tax collection attorney an amount equal to fifteen percent (15%) of the delinquent tax, penalty and interest collected by the attorney; and WHEREAS, by Resolution No, 2003-27, duly adopted on November 10, 2003, the City has imposed the additional fifteen percent (15%) penalties to defray the costs of collection of delinquent taxes for 2003 and all future years, unless revoked, as authorized by the Texas Property Tax Code, Sections 33.07 and 33.08; and WHEREAS, in addition to the penalties permitted by Texas Property Tax Code, Sections 33.07 and 33.08, Texas Property Tax Code, Section 33. 11, permits an early additional penalty on taxes on tangible personal property that become delinquent; and WHEREAS, the City Council finds that Resolution No. 2003-27 should be amended to include the early additional penalty on taxes on tangible personal property that become delinquent as authorized by the Texas Property Tax Code, Section 33.11. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Resolution No. 2003-26 of the City of West University Place, Texas is hereby amended to provide as follows: a. Taxes owed to the City that become delinquent on or after February 1 and remain delinquent on July 1 of the year in which they become delinquent and continuing on for all future years, unless revoked, shall incur an additional penalty of fifteen percent (15%) of the delinquent taxes, penalties and interest to defray the costs of collection pursuant to Section 33.07of the Texas Property Tax Code. The penalty shall be in addition to any penalty and interest owed the City for the delinquent taxes pursuant to Section 33.01 of the Texas Property Tax Code, as amended. This penalty is to be effective for 2009 and all future years unless specifically revoked. b. Taxes that become delinquent on or after June 1 of the year in which they become delinquent and continuing on for all future years, unless revoked, shall incur an additional penalty of fifteen percent (15%) of the delinquent taxes, penalties and interest to defray the costs of collection pursuant to Section 33.08 of the Texas Property Tax Code. The penalty shall be in addition to any penalty and interest owed the City for the delinquent taxes pursuant to Section 33.01 of the Texas Property Tax Code, as amended. This penalty is to be effective for 2009 and all future years unless specifically revoked. c. Taxes on tangible personal property that become delinquent on or after February 1, 2010, and all future years, unless revoked, shall incur an additional penalty of fifteen percent (15%) of the delinquent taxes, penalties and interest to defray the costs of collection pursuant to Section 33.11 of the Texas Property Tax Code. The penalty shall be in addition to any penalty and interest owed for the delinquent taxes pursuant to Section 33.01 of the Texas Property Tax Code, as amended. This penalty is to be effective for taxes levied in 2009 and all future years unless specifically revoked. Section 2. Notwithstanding any other provision of this Resolution, it is not intended to, and it should not be construed so as to impose an additional penalty under Section 33.07 of the Texas Property Tax Code on any delinquent tangible property taxes on which Section 33.11 of the Texas Property Tax Code forbids its application. Section 3. All resolutions and parts of resolutions in conflict with this Resolution are repealed to the extent of the conflict only, Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this Resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Resolution, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Resolution to any other persons or circumstances, shall be affected thereby. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Resolution was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 6. This Resolution shall be effective immediately upon Its passage and adoption. PASSED, APPROVED and ADOPTED this LAay of January, 2010. ZZ Bob Kelf , ayor City of West University Place, Tex Tft€lrfiaA. Lenz city secretary City of West University Place, Texas APPROVED AS TO FORM: Alan P. Petrov, City Attorney City of West University Place, Texas