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HomeMy WebLinkAboutOrdinance No. 2020-41 ORDINANCE NO.2020-41 AN ORDINANCE RATIFYING PROVISION FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES OF THE CITY OF FRIENDSWOOD,TEXAS,FOR THE TAX YEAR COMMENCING OCTOBER 1,2020,AND ENDING SEPTEMBER 30,202 1;PROVIDING THE DATE ON WHICH SUCH TAXES SHALL BE DUE AND PAYABLE; PROVIDING FOR PENALTY AND INTEREST ON ALL TAXES NOT TIMELY PAID; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH. WHEREAS,Section 26.05(a)of the Texas Property Tax Code provides that before the later of September 30th or the 60'h day after the date the City receives the certified appraisal roll the City Council shall adopt a tax rate for the current tax year;and WHEREAS, such Section further provides that where the tax rate consists of two components(one which will impose the amount of taxes needed to pay the City's debt service and the other which will impose the amount of taxes needed to fund maintenance and operation expenditures for the next year),each of such two components must be approved separately;and WHEREAS,Section 26.05(c)of the Texas Property Tax Code provides that if the governing body of a taxing unit does not adopt a tax rate before the required date,the tax rate for the taxing unit is the lower of the calculated no-new-revenue tax rate for that tax year or the taxing unit's adopted tax rate for the preceding tax year. A tax rate established by Section 26.05(c)is treated as an adopted tax rate;and WHEREAS,the City of Friendswood tax year 2020 tax rate was not adopted by the required date of September 29h and thus,the no-new-revenue tax rate was established as the adopted tax rate;and WHEREAS,the adopted tax rate for the current tax year of the City of Friendswood, Texas,consists of two components,a tax rate of$0.095161 for debt service and a tax rate of $0.392152 to fund maintenance and operation expenditures;and WHEREAS,all notices and hearings required by law as a prerequisite to the passage, approval,and adoption of this Ordinance have been timely and properly given and held; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted,ratified,and confirmed. Section 2. There is hereby ratified and levied,for the tax year commencing October 1, 2020 and ending September 30,2021,to fund the City's fiscal year 2020-2021 municipal budget, an ad valorem tax at the total rate of$0.487314 on each One Hundred Dollars($100)of assessed valuation on all property,real,personal,and mixed,within the corporate limits of the City,upon which an ad valorem tax is authorized by law to be levied by the City of Friendswood,Texas.All such taxes shall be assessed and collected in current money of the United States of America. THIS TAX RATE WILL GENERATE APPROXIMATELY THE SAME TAXES FOR MAINTENANCE AND OPERATIONS AS LAST YEAR'S TAX RATE. THE TAX RATE WILL NOT RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS ON A$100,000 HOME TAXED AT THE SAME VALUE IN,BOTH,THE CURRENT AND PRECEDING TAX YEARS. Ord No.2020-41 2 Section 3. Of the total tax levied in Section 2 hereof,$0.392152 is levied to fund maintenance and operation expenditures of the City for the fiscal year 2020-202 1. Section 4. Of the total tax levied in Section 2 hereof,$0.095161 is levied for the purpose of paying the interest on bonds,warrants,certificates of obligation,or other lawfully authorized evidence of indebtedness issued by the City of Friendswood,Texas,including the various installments of principal due on the serial bonds,warrants,certificates of obligation,or other lawfully authorized evidence of indebtedness issued by the City,as such installments shall respectively mature in the fiscal year 2020-2021. Section 5. All ad valorem taxes levied hereby,in the total amount of$0.487314 on each One Hundred Dollars($100.00)of assessed valuation,as reflected by Sections 2,3,and 4 hereof,shall be due and payable on or before January 31,2021.All ad valorem taxes due the City of Friendswood,Texas,and not paid on or before January 31 st following the year for which they were levied,shall bear penalty and interest as prescribed in the Texas Tax Code. Section 6. In the event any clause,phrase,provision,sentence,or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction,it shall not affect,impair,or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional;and the City Council of the City of Friendswood,Texas,declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,whether there be one or more parts. Section 7. All ordinances and parts of ordinance in conflict herewith are,to the extent of such conflict,hereby repealed. PASSED,APPROVED,AND ADOPTED on first and final reading this 1st day of October,2020. Mike Fore Mayo Ord No.2020-41 3 ATTEST: -R-I Melinda Welsh,TRMC '0: City Secretary RECORD VOTE: COUNCIL MEMBER: VOTED FOR VOTED AGAINST MIKE FOREMAN,MAYOR STEVE ROCKEY SALLY BRANSON TRISH HANKS ROBERT J.GRIFFON JOHN H.SCOTT BRENT ERENWERT Ord No.2020-41 4