Ordinance No. 6,970Published In: THE BAYTOWN SUN 940414 -2
Tues. April 19, 1994
Wed. April 20, 1994 ORDINANCE NO. 6970
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 28 1/2, "TAXATION," OF THE CODE
OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS BY ADDING
SECTION 28 1/2 - 2 "ADDITIONAL PENALTY;" PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown has
contracted with a law firm to collect its delinquent taxes pursuant
to the authority granted in Section 6.30 of the Property Tax Code;
and
WHEREAS, said contract provides that said law firm is to be
paid a fee of fifteen percent (15 %) of all delinquent taxes,
penalty and interest that are collected pursuant to said contract;
and
WHEREAS, Section 33.07 of the Property Tax Code provides that
an additional penalty secured by a tax lien may be imposed to
defray the cost of collection, not to exceed fifteen percent (15 %)
of the taxes, penalty and interest due; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 28 1/2 "Taxation," of the Code of
Ordinances of the City of Baytown, Texas is hereby amended by
adding Section 28 1/2 - 2, "Additional Penalty" to read as follows:
Sec. 28 1/2 - 2. Additional Penalty.
(a) Taxes becoming delinquent during 1994 and each year
thereafter which remain delinquent on July 1 of the year
in which they become delinquent, shall incur an
additional penalty of fifteen percent (15 %) of the taxes,
penalties and interest due pursuant to Section 33.07 of
the Texas Property Tax Code in order to defray the costs
of collection.
(b) The tax collector of the City of Baytown is hereby
directed to deliver notices of delinquency and of the
additional penalty imposed herein to all property owners,
where addresses are available, at least 30 days but not
more than 60 days before July 1 of the year in which such
taxes became delinquent.
Section 2: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
• extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
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• Section 3: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City
Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
Section 5: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City Clerk
is hereby directed to give notice hereof by causing the caption of
this ordinance to be published in the official newspaper of the
City of Baytown at least twice within (10) days after passage of
this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 14th day of April,
1994.
PETE C. ALFARO, Mayor
ATTEST:
L EN :P,y HALL, City Clerk
ACIO RAMIRE , S . C. ity Attorney
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