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Ordinance No. 10,728ORDINANCE NO. 10,728 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND OPERATION AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City's tax rate consists of the following two components, each of which must be approved separately: 1. the rate that, if applied to the total taxable value, will impose the amount of taxes needed to pay debt service; and 2. the rate that, if applied to the total taxable value, will impose the amount of taxes needed to fund maintenance and operation expenditures of the City for the next year; and WHEREAS, the proposed tax rate of $0.45700 per $100 valuation for maintenance and operations together with the proposed tax rate of $0.28003 per $100 valuation for debt service does not exceed the effective tax rate or the rollback rate and is the same tax rate that the City has adopted since 1992; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS: Section 1: That the facts and matters set forth in the recitals of this Ordinance are hereby found to be true and correct. Section 2: That the City Council of the City of Baytown hereby adopts and sets for the fiscal year ending September 30, 2008, an ad valorem tax rate of $ 0.45700 for each ONE HUNDRED AND NO/100 DOLLARS ($100.00) of assessed value of property located within the city limits of the City of Baytown on January 1, 2007, made taxable by law, which said taxes, when collected, shall be apportioned among funds and departments of City Government of the City of Baytown for the purpose of General Fund Maintenance and Operation. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. Section 3: The ad valorem tax rate of $ 0.45700, as set forth in Section 2, is hereby levied and shall be assessed and collected on one hundred percent (100%) of each ONE HUNDRED AND NO/100 DOLLARS ($100.00) worth of property located within the city limits of the City of Baytown on January 1, 2007, as valued by the Harris County Appraisal District or the Chambers County Appraisal District, as applicable, and made taxable by law. Section 4: That the City Council of the City of Baytown hereby adopts and sets for the fiscal year ending September 30, 2008, an ad valorem tax rate of $ 0.28003 for each ONE HUNDRED AND NO/100 DOLLARS ($100.00) of assessed value of property located within the city limits of the City of Baytown on January 1,2007, made taxable by law, which said taxes, when collected, shall be apportioned among funds and departments of City Government of the City of Baytown for the purpose of Debt Service. Section 5: The ad valorem tax rate of $ 0.28003, as set forth in Section 4, is hereby levied and shall be assessed and collected on one hundred percent (100%) of each ONE HUNDRED AND NO/100 DOLLARS ($100.00) worth of property located within the city limits of the City of Baytown on January 1, 2007, as valued by the Harris County Appraisal District or the Chambers County Appraisal District, as applicable, and made taxable by law. Section 6: The Tax Assessor and Collector of the City of Baytown is hereby directed to assess, extend and enter upon the Tax Rolls of the City of Baytown, Texas, for the current year the amounts and rates herein levied, and to keep a current account of same. All collection of such taxes, as well as collection of taxes owed for prior years, to include penalty and interest thereof, shall be deposited in the official depository of the City of Baytown to be distributed between the General Fund and the Debt Service on a basis determined by the percentage that each bear to the total tax rate. Section 7: That the City Clerk is hereby directed to include on the home page of the Internet website operated by the City of Baytown the following: i THE CITY OF BAYTOWN ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. Section 8: 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. Section 9: 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 10: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. CityofBayto INTRODUCED, READ and PASSED by the affirmative vote ofjthe City Council of the Baytown this the 1 llh day of October, 2007. ' LOR APPROVED AS TO FORM: (lACIO RAMIRE^SR., CityTttfeey STEPHI . DONCARLOS, Mayor R:'.KaretHFilcs\City CouncilvOnlinanccs'2007\Oclobcr I l\l:M'axRate4GcncralFund&OcbtScr\icc.doc